Taking dell to small claims?

oohlala

Hi guys,

just looking for some advice on if i have a chance with this. Got an xps m1330 feb last year, within two weeks it was dead. Took a week to get someone out to fix it. Dell gave me the wrong day originally so i had to take two holiday days off work. Then a month later it broke again. They came out again same thing, broken again. Then they took it away and took 5 weeks to send it back after telling me it would be gone for 1 week. they kept saying they had already sent it when it was still sitting around apparently waiting on parts.

According to dell when i ring indian tech support they guess at what parts i need over the phone and fill out an order, that gets signed off by their supervisor and sent to the netherlands who will then post it to a third party company in ireland. Is this true because it seems ridiculous!

Anyhow after being told there was nothing they could do for me as in their eyes the machine was perfect when i fact it wouldn't even turn on i went to emails and sent in numerous complaints, most of which were ignored. I finally got a reply from a guy telling me that consumer rights don't apply as they are in india and i wasn't entitled to a replacement. After a huge amount of emails i got a replacement which surprise surprise broke as well. Has been fixed twice and still broken. The last tech took my charger with him saying it was broken and that he didn't have another one but it would be sent out. More calls and emails and they wouldn't send it to me so i had to buy one! Also the little remote in the xps was replaced by an empty tray that slots in perfectly.

So in short i've told them this is crazy and i just want my money back and to buy something that is capable of turning on but they said as they've replaced it that i'm only entitled to repairs. I've had to take 8 holiday days for dell and i'm so sick of it. The machine was expensive but can't do things that my mobile can! any advice out there?

delllat

i dell with dell extensively ,almost daily and we have a wide range of their machines

any problems that crop up with the latitude or precision models are delt with fast

if its an inspiron ,god help you

the service is worlds apart betweeen consumers and business product lines

Paulw

I've a Dell XPS420. Recently I had failures - graphics card died and then a few days later a memory module failed. I logged calls with Dell on each, and had the replacement parts the next business day. No issues at all getting the parts.

I guess it depends on your level of support, but I think the standard is return to base, while the extended warranty is next business day.

Sounds like you're having terrible problems though and that Dell are just messing you around. That's not acceptable.

RangeR

oohlala wrote: »

I finally got a reply from a guy telling me that consumer rights don't apply as they are in india and i wasn't entitled to a replacement.

That's an outright lie...... unless you purchased the item from India. I'm guessing you didn't. I'm guessing you purchased it in Ireland or from dell.ie

1. Write a "formal letter of complaint". Mention those words. Detail everything that happened. Keep it factual and leave emotion out of it. Tell them you are giving them 10 business days to reply favourably or you will be taking it further.
2. Send it by registered post to their head of customer care. If that's not an irish address, send it to the Managing Director or somebody high up in their Irish office. VERY IMPORTANT : DO NOT EMAIL IT. Make sure you splash out for the 2 or 3 euro to send it by registered post.
3. If you are not satisfied with their response, initiate Small Claims Court.

oohlala

Thanks for replies. Machine was bought on website in Ireland. I'm not a business customer just a lone consumer. The machine cost over 2k but could the court award the 2k? I know its the max. At the min i'm working off an eee netbook that cost 250!!! Ridiculous that this works when an xps can't. I've already done the registered and emailed letter of formal complaint, i received no repsonse to written one. The email was answered with as i had already received a replacement they would only continue to repair this, no replacement and no refund. I used up nearly half my holiday entitlement this year waiting around on dell, they refused to even commit to morning or afternoon so i could make do with a half day.

Paul i had next business day support, it still took a week, on the replacement they changed me to accidental damage warranty as a 'gift'. Doesn't really matter when they can't fix it either way!!! I questioned why it took so long when i've heard of people like yourself getting it so quick. They then gave me the us guessing-supervisor sign off-netherlands-dublin story! So frustrating.


So as they are willing to 'repair' it do i have a case for small claims or not do you think?

Paulw

oohlala wrote: »

So as they are willing to 'repair' it do i have a case for small claims or not do you think?

No, you don't. If they are willing to repair, then they are working within your consumer rights. You need to let them make at least 3 attempted repairs, otherwise the court may not rule in your favour.

oohlala

i was under the impression that the first repair must be permanent? this machine has been repaired two times but none of the repairs hve fully worked or lasted

Scram

Im sorry for your troubles but theres no way i could ever buy a Dell.

Them moving outta Limerick was enough for me, i hate them with a passion since and i wish you the best of luck.

oohlala

Scram wrote: »

Im sorry for your troubles but theres no way i could ever buy a Dell.

Them moving outta Limerick was enough for me, i hate them with a passion since and i wish you the best of luck.

i've always bought compaq but this was reccomended by a friend who thought he knew his tech stuff, never again will i buy dell

Boggles

Paulw wrote: »

No, you don't. If they are willing to repair, then they are working within your consumer rights. You need to let them make at least 3 attempted repairs, otherwise the court may not rule in your favour.

Rubbish.

The court sides on fairness.

The Op has been more than fair, Dell havn't.

the groutch

I would take it to small claims, most of the time they settle before the court date or don't turn up and have it settled in your favour

RangeR

The SCC only handles claims up to €2000

Mountjoy Mugger

He just claims €2k.

NiranjanatDell

Please contact hello@boards.ie if you wish to act in an official capacity for Dell on this website

dudara

padocon

Good luck OP. Go for a refund and demand compensation!

foggy_lad

OP you need to write a formal complaint to someone in Dell in Ireland and let them organise a proper repair(should be a replacement now) or your issue will never be sorted out properly! the indian care are similar to that of other companies that chose these CC companies they are simply there to placate with empty promises and try to sort it on the cheap if possible than delay and bugger up the whole process with nonsence to such an extent that most people just give up.

write an old fashioned letter to Dell customer services in Cherrywood outlining everything that has happened so far and what you would like to see happen and once someone in ireland is dealing with this for you there should be some good progress for you.

mad m

Make sure you register the letter....

whiterebel

foggy_lad wrote: »

write an old fashioned letter to Dell customer services in Cherrywood outlining everything that has happened so far and what you would like to see happen and once someone in ireland is dealing with this for you there should be some good progress for you.

Dearest Delleth,
Forsooth I have verily recently purchased ye olde computer terminal. Gadzooks, but is has expired, and I doth receive sod all offers of recompense from thy minions.......


Sorry, I couldn't resist. I'll get my coat........:p

Kimia

I am now on my 4th repair attempt with Dell too. They keep sending technicians out to me at my place of work (of course they never give me a proper time) and this is starting to affect my job. I have asked for a replacement but they are refusing, saying that they don't know what's wrong with it. I said, the same thing that's been wrong with it from the start, which your technician was supposed to fix (I have met their technicians at my place of work at THEIR convenient time 3 times already) . They don't care. They are ringing me again tonight to assess the situation. What can i do??

RangeR

Kimia wrote: »

I am now on my 4th repair attempt with Dell too. They keep sending technicians out to me at my place of work (of course they never give me a proper time) and this is starting to affect my job. I have asked for a replacement but they are refusing, saying that they don't know what's wrong with it. I said, the same thing that's been wrong with it from the start, which your technician was supposed to fix (I have met their technicians at my place of work at THEIR convenient time 3 times already) . They don't care. They are ringing me again tonight to assess the situation. What can i do??

A repair must be permanent. Tell them this. Reference the Sale of Goods / Supply of Services act. They SHOULD now move to replacement or refund.

Kimia

RangeR wrote: »

A repair must be permanent. Tell them this. Reference the Sale of Goods / Supply of Services act. They SHOULD now move to replacement or refund.

I've already done this, twice. They just ignore it and get technicians to call me and come out with yet another repair.

dudara

Time for a registered letter then and a case in the SCC court. They have shown that they are unreasonable by refusing to offer any other options after repeated attempts at repair have failed.

Kimia

Spoke to Dell last night, they tried to do a diagnostic test on my machine. I told them I was only going to be around between 6.30 - 7 and they called me at 6.45 and said that the test can take between 15-20 mins. I feel like I'm constantly facilitating them and I'm sick of it.

I had to go anyway at 7 so we had to abort the test (does this give them remote access to the laptop??). He then said he'd get someone in legal to give me a call, quite intimidating.. What should i expect from this phonecall with legal?

I really have been reasonable - this is their 4th attempt at repair and i'm sick of it.

oohlala

Thanks for advice everyone!

I saw the post from the person they were dell, are they an official dell rep?

I'm just going with the small claims court. Everything with dell is such a hassle even a simple phone call or email. I just want it over with!!!


Good luck with your issue kimia! The consumer law says the first repair must be permanent, but if your unit breaks a second time for a different fault then that is counted as the first repair for that fault i think. Four repairs is insane. I've had letters etc ignored as well. Enough is enough!

foggy_lad

mad m wrote: »

Make sure you register the letter....

with dell it is not going to be ignored as long as you address it to dell in ireland.

Kimia wrote: »

I've already done this, twice. They just ignore it and get technicians to call me and come out with yet another repair.

it is time to write to them as they are in control of the phone calls and repair attempts, get something on paper for yourself!

Kimia wrote: »

Spoke to Dell last night, they tried to do a diagnostic test on my machine. I told them I was only going to be around between 6.30 - 7 and they called me at 6.45 and said that the test can take between 15-20 mins. I feel like I'm constantly facilitating them and I'm sick of it.

I had to go anyway at 7 so we had to abort the test (does this give them remote access to the laptop??). He then said he'd get someone in legal to give me a call, quite intimidating.. What should i expect from this phonecall with legal?

I really have been reasonable - this is their 4th attempt at repair and i'm sick of it.

if they ring again tell them to write to you by letterpost and that you want/insist on a replacement or full refund now and hang up on them, then write to dell in dublin!

oh and yes they probably have remote access to your pc but you can block this by going to advanced system properties(vista) and on the tabs on top go to Remote and uncheck "allow remote assistance connections"

oohlala wrote: »

Thanks for advice everyone!

I saw the post from the person they were dell, are they an official dell rep?

I'm just going with the small claims court. Everything with dell is such a hassle even a simple phone call or email. I just want it over with!!!


Good luck with your issue kimia! The consumer law says the first repair must be permanent, but if your unit breaks a second time for a different fault then that is counted as the first repair for that fault i think. Four repairs is insane. I've had letters etc ignored as well. Enough is enough!

you will need to write to dell formally before the SCC can proceed with any case, all the phone calls dont count.

oohlala

I have written to dell formally, unfortunately it went absolutely nowhere

foggy_lad

oohlala wrote: »

I have written to dell formally, unfortunately it went absolutely nowhere

the small claims court is your next step then. hopefully they will take notice of that

oohlala

Hopefully!!! I've sent an email informing them of my intention to go through the scc. I don't expect a reply so will fill it in tomorrow

RangeR

oohlala wrote: »

I have written to dell formally, unfortunately it went absolutely nowhere

By registered post?

RangeR

oohlala wrote: »

Hopefully!!! I've sent an email informing them of my intention to go through the scc. I don't expect a reply so will fill it in tomorrow

EMail is no way to correspond when things get this far. They are usually ignored by most companies [that are consumer facing].

Formal complaint via registered letter then SCC after 10 business days. Anything else is going to stress you out and leave you very, very dissapointed.

dudara

oohlala wrote: »

Hopefully!!! I've sent an email informing them of my intention to go through the scc. I don't expect a reply so will fill it in tomorrow

email won't cut it here I'm afraid. A registered, printed letter will be required.