Dell - Small Claims Court form filling advice.

slowmoe

xtremepoizn wrote: »

Couldn't have been more precise! Dell tech support, management, legal section is all in India and when they don't follow their own laws etc how the hell do you expect them to care two cents for irish journalists or irish consumer laws? I told them time and again about the irish consumer laws but they just laugh it off... :mad:




I did get a number or replies from real people at Dell and not out of office replies and so I guess my case is a bit different to yours. At least I know they are reading it. Btw what did you tell Conor Pope and what did he do? Did he spend hours on the phone to Dell on your behalf? If he emailed or phoned a particular person then that is the person we need to contact. While I have heard of Journalists or Joe Duffy having the power to help in these cases, I really don't know what he can do that will help? Wouldn't a small claims application be better?

By all means go through the small claims court but try not to exaggerate the facts. Just "Was working, now isn't" will do. Instead of "worked 3 hours not working for 4." Don't forget that the small claims court can reject your application if they find even a small problem in the application.

If I was doing your application I would only mention that it was bought in feb'09 had 3 repairs and still not working and now Dell refuses to fix it.

I was making a short post with a few comments on my story not the full thing. Feel free to pm me if you want the entire story. When i couldn't get anywhere with dell on the phone i switched to email. I received replies from the regular tech support but none when i emailed the michael dell address as above. I contacted conor from pricewatch with the emails and the basic info as in lap top arrived such a date, broken on x date reapired broken again etc. he contacted dell pr and within two hours i had a call from dell apologising and offering me a replacement. I got the original lap top in feb 09 and the replacement afaik in july.

This current replacement has broken and been repaired three times and still isn't working. They are saying they will repair it again but obviously my patience with this pile of junk has worn thin and i just want a refund. For them to repair it i have to take yet another day off work to be in as they are unable to give an appointment only a date and tellyou to be in between the hours of 9-5.30. I can't keep using up my holiday days because dell are unable to provide me with a working computer. When i rang today the tech just said ah but we replaced your lcd so it should be working. I had a few problems with it that they don't seem to have even looked at, just the first one of the list of it not turning on

dstoran

xtremepoizn wrote: »

A bit more info will help! Can you let me know what you mentioned in the small claims application? what articles, emails etc required? and in which court it was... PM me if you can't post. I wonder what structure Dell follows! Some people get nothing and others get a refund... wouldn't it be cheaper for Dell to repair all the faulty laptops? :mad:

Thanks

Here's a copy of my small claims application, I made sure to highlight my consumer rights:

I originally purchased an XPS M1330 laptop(Service Tag: G4QK93J) from Dell in Nov 2007 for €1,199. 6 months later, in May 2008, I experienced a problem with overheating, for which I required a replacement motherboard.Dell were co-operative and the motherboard was quickly replaced. I've since learned that this problem has been well documented by many users around the world, and has been acknowledged by Dell. It is an inherent fault with the XPS m1330 system and Dell’s response was to extend all warranties on affected systems by 1 year.
It is now less than 2 years after the first incident and I have the same problem again. The unit has overheated, the motherboard has failed and I now require another replacement. Only this time Dell insist that since my unit is out of warranty, I must cover the cost of repair myself.
My original warranty expired on the 27/11/2008. This was then extended 1 year, to the 27/11/2009. But this is in addition to my statutory rights as a consumer, which say that goods sold should be fit for purpose and last a reasonable amount of time.
The components of the laptop are not of merchantable quality and the laptop is not fit for its intended purpose, i.e. the laptop was completely unusable after 6 months. Now less than 2 years after being repaired, it has again been rendered unusable.
I presumed the original repair would be permanent and would prevent the same fault from recurring.
I am now requesting a replacement product or a refund for the full amount.

I registered the complaint in the Dublin Metropolitan District Court.

Let me know if you need any more info.

xtremepoizn

dstoran wrote: »

Here's a copy of my small claims application, I made sure to highlight my consumer rights:

I registered the complaint in the Dublin Metropolitan District Court.

Let me know if you need any more info.

Mine is similar but I didn't mention my consumer rights! I wanted to mention that but then though that who will know the consumer rights better then the court itself! I made my application to Dun Laoghaire but they seems to be a long delay! Did you include any other emails or articles?

dstoran

Nope that was it. Used the following address for dell:

Dell Products,70 Sir Rogerson’s Quay, Dublin 2.

Cuddlesworth

slowmoe wrote: »

There is absolutely no need to be so rude because you don't agree with my post. Strangely i had not felt the need to re check my grammar on a forum, had i known i would have been slagged for it i probably wouldn't have bother posting at all. What i did post was my opinion and a smalll part of my story in response to the ops. I'm completely entitled to it and i stand by it. As for the 'holes' in my story??? The second lap top has been repaired two times, it has broken several times. From your post you seem to think several is a lot more than three. There have been a lot of problems with both lap tops i had and the current one has been repaired three times for a few faults at each repair. None of which seem to have been repaired as the lap top is still not turning on. As for these calls you have received, i have never heard of anyone getting one apart from you nor have i received them.

As a tech its glaringly obvious there are holes in the story. And yes, I would assume several is a lot more then three. Its the definition of several. Not withstanding the last part which mentions your laptop won't turn on. The faulty gfx chip causes the screen to distort, not render the laptop lifeless.

I'm only saying this as a large proportion of laptop faults are user created. Overheating when stressed, sitting on a heat source(lap) with the air intake blocked is one of my favourites. Well outside of design and operating parameters.

slowmoe

Cuddlesworth wrote: »

As a tech its glaringly obvious there are holes in the story. And yes, I would assume several is a lot more then three. Its the definition of several. Not withstanding the last part which mentions your laptop won't turn on. The faulty gfx chip causes the screen to distort, not render the laptop lifeless.

I'm only saying this as a large proportion of laptop faults are user created. Overheating when stressed, sitting on a heat source(lap) with the air intake blocked is one of my favourites. Well outside of design and operating parameters.

several(a): (used with count nouns) of an indefinite number more than 2 or 3

more than two OR three....:rolleyes:

i have never said that my lap top was broken due to this particular fault :rolleyes: i only said it was broken

i also have a three year accidental damage warranty so even if it was my fault that the lap top broke then dell should still be able to fix it. Which they aren't.

xtremepoizn

Got a reply to the email to Mr. Dell. :rolleyes:

"This is with regards to the email which you have sent to Mr. Dell stating that you have issue with the XPS laptop."

Once again it was from someone in India. So lets see where that leads as the last time they told me to contact my solicitors...

monkeypants

Even if you have warranty, even if they agree finally to repair it, they may not have the parts. I've posted on this before, but I had an M1730 with dual 8800GTXs. They both failed in September 2009 and the machine was warrantied. In December 2009 Dell agreed to refund me the cost of the machine because they couldn't get me a replacement graphics card.

penexpers

slowmoe wrote: »

This current replacement has broken and been repaired three times and still isn't working. They are saying they will repair it again but obviously my patience with this pile of junk has worn thin and i just want a refund. For them to repair it i have to take yet another day off work to be in as they are unable to give an appointment only a date and tellyou to be in between the hours of 9-5.30. I can't keep using up my holiday days because dell are unable to provide me with a working computer. When i rang today the tech just said ah but we replaced your lcd so it should be working. I had a few problems with it that they don't seem to have even looked at, just the first one of the list of it not turning on

I have had Dell out to my workplace on more than one occasion to repair my (non-work) laptop.

slowmoe

penexpers wrote: »

I have had Dell out to my workplace on more than one occasion to repair my (non-work) laptop.

Thanks for the suggestion but unfortunately my workplace does not allow visitors of a personal nature of any sort. I'm sure there are plenty of jobs out there that won't allow this kind of thing and unfortunately mine is one of them. They came to my work place to take it away before and told me that they would have it for a period of 2 days to 3 weeks, it was gone for 5 weeks :rolleyes: and every time i contacted them they kept saying it had already been sent back. Was a complete nightmare to get the computer back

slowmoe

has anyone managed to get a loan lap top from them while their computers weren't working? They told me they only do this for their high end customers, but my lap top is worth over 2k with the accidental warranty etc

xtremepoizn

dstoran wrote: »

Nope that was it. Used the following address for dell:

Dell Products,70 Sir Rogerson’s Quay, Dublin 2.

Can you give me the timeline for your application?

Application Submitted on, Approved on, Extra Info on, Etc, Contact from Dell on, what the court did...

Hope this isn't too much of a hassle.

Thanks

jor el

slowmoe wrote: »

has anyone managed to get a loan lap top from them while their computers weren't working?

I would say you have no hope of that, unless it's included in the extended warranty somewhere (very unlikely).

Cuddlesworth

xtremepoizn wrote: »

Got a reply to the email to Mr. Dell. :rolleyes:

"This is with regards to the email which you have sent to Mr. Dell stating that you have issue with the XPS laptop."

Once again it was from someone in India. So lets see where that leads as the last time they told me to contact my solicitors...

If they give you **** again, mail back to Michael Dell again explaining it and referencing previous mails. The fact that you got that mail meant the person or people in charge were found and told to get it sorted.

dstoran

xtremepoizn wrote: »

Can you give me the timeline for your application?

Application Submitted on, Approved on, Extra Info on, Etc, Contact from Dell on, what the court did...

Hope this isn't too much of a hassle.

Thanks

Submitted the application 26th April to the Limerick District Court, 2 days later got an e-mail saying it had to be moved to the Dublin Metropolitan District Court. The application was approved on 6th May. Think it was a week later the 13th when I got a letter from Dell offering a full refund. Sent back a signed acceptance on Monday 17th May and got the cheque in the post 3 days later.

I had no contact with the court apart from the original application.

xtremepoizn

Got an email and call from Dell offering to repair the laptop at my door step at my convenience... The thing is that the court still hasn't informed Dell about the case... as the small claims court hasn't even approved the application yet. It seems the person concerned is on leave and will be back next week. I called the court and was told the reason for the delay.

My question now is what am I supposed to do? I already sent in the application and Dell is now contacting me saying they will fix it after months of saying they won't.

Dell says that they are providing me with a free repair which would otherwise cost at least £350.

Should I take up their offer? or should I wait for the court to decide just so that I am covered in future if Dell once again creates problems? Why the hell couldn't they just repair this before I submitted the application!!! :mad: Made me run around for months and just as the case reaches court they agree to a repair! :mad:

foggy_lad

xtremepoizn wrote: »

Have you emailed him or do you know anyone who has? I might give it a go. I already emailed Dell before and so it will only be a copy and paste job...

dont email Del or ring them as you will only be ringing and emailing india where the script monkeys will bog your case down in nonsence and correspondance.

Write to dell here in ireland with details of your horrible experience so far with their indian support, i had issues with my own pc and sisters pc a year later and rang them and emailed them for weeks and got nothing only hassle and grief so i eventually wrote to dell in ireland who were fantastic and had the issues sorted out within days! also had a problem ordering a memory upgrade, indian agents wanted €140+ for ram advertised on the dell site for €35, again i sent cheque and order into customer care in dublin and got my ram by return post

xtremepoizn wrote: »

Got an email and call from Dell offering to repair the laptop at my door step at my convenience... The thing is that the court still hasn't informed Dell about the case... as the small claims court hasn't even approved the application yet. It seems the person concerned is on leave and will be back next week. I called the court and was told the reason for the delay.

My question now is what am I supposed to do? I already sent in the application and Dell is now contacting me saying they will fix it after months of saying they won't.

Dell says that they are providing me with a free repair which would otherwise cost at least £350.

Should I take up their offer? or should I wait for the court to decide just so that I am covered in future if Dell once again creates problems? Why the hell couldn't they just repair this before I submitted the application!!! :mad: Made me run around for months and just as the case reaches court they agree to a repair! :mad:

if i was you i would hold out for the small claims court and get a refund as you may have the same hassle again in a few weeks/months time with a repair by dell. insist on a repair as you have lost all confidence in dell products.

trellheim

My own experience : Lat E6400 monitor went while I was over in the UK; rang them, Dell turned up at the factory I was consulting at, and replaced the monitor quietly and without fuss or cost.

So they are capable of good service when they want to.