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Small Claims: How much should I claim?
http://www.nvidiadefect.com/small-claims-how-much-should-i-claim-t3955.html
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Author:  P_Pooch [ Wed Mar 20, 2013 6:46 pm ]
Post subject:  Small Claims: How much should I claim?

A question about how much I should claim:

According to your Refund Calculator I should be due £321.

Here's the thing though - my Laptop (a Dell XPS 1530, purchased 2008) has a 15.4" 1920x1200 TrueLife display. to my knowledge Dell no longer offers such high res screens on comparable laptops. And (even now 4.5 years on) I would have to pay a fair whack in order to get one from another company. (This is the main reason I have been hanging on to this laptop in the first place!)

Should I not be compensated with like-for-like spec-wise? In order to do that I would have to claim for more than the £321, no?

Thanks in advance,

Penry

PS Not wanting to f*** around I got the initial negotiations with Dell over by telephone this afternoon. I spoke first to one guy, then his supervisor and then supposedly a more senior woman. I recorded all three conversations (as is my right under UK law.) All offered the usual '8600 like-for-like repair BS. The last woman said she'd send me the company policy/offer in writing.

Basically I believe I am ready (after I have an engineers report done) to proceed to small claims, am I right?

Author:  Lapcure [ Thu Mar 21, 2013 7:40 am ]
Post subject:  Re: Small Claims: How much should I claim?

Hello Penry and welcome to my forum.

Sorry to hear that your laptop has failed.

I can fully appreciate what you are saying with regard to the specification of your laptop and the fact that the refund will not allow you to purchase a like-for-like replacement.

However, you have had almost 5 years unhindered use of the laptop and so if you were to receive a like-for-like replacement then that would place you in a position of betterment.

Dell continue to offer repairs using second hand/refurbished parts and refuse point blank to offer any form of guarantee that the part will be free from the defect. Which is no wonder since the parts are not of a new revision.

It is more than likely that you will have to file a small claims action against Dell in order to reach a resolution.

There have been many, many out of court resolutions made by Dell to my forum members. Unfortunately virtually all of those offers were made via a non-disclosure order, which basically means that the claimant was unable to report such a success either here or elsewhere. Pretty scandalous behaviour by Dell if you ask me.

As you have now been given the predicted initial fob-off it is now time to obtain an engineers report. Once you have that you are ready to proceed to litigation.

I hope the above helps.

Any questions please let me know.

Best wishes

Paul
The Admin Team

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