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PostPosted: Wed Apr 11, 2012 7:04 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Ruprech,

Why is it that the people that one gets to speak to at planet Dell seem to know absolutely zilch about the law and the Sale Of Goods Act.

Dell really need to switch their call centres to the UK and to employ properly trained staff to man their phones.

Will they do that? Probably not! If they feed the same baloney that they tried to feed to you then who knows how many customers they have successfully fobbed off.

The small claims action will be a breeze and prior to the court date Dell will no doubt make you an offer on the condition that you sign a non-disclosure order which will preclude you from revealing the details of the settlement.

Whether or not you choose to sign such an agreement is up to you but in law they cannot force you to sign it as their legal obligation to you overrides their wish to keep this quite.

Good luck with the next stage and if you need any help or advice then please let me know.

Best wishes

Paul
The Admin Team

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Why you should not accept a repair
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What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Fri Apr 13, 2012 10:20 pm 
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Joined: Wed Feb 08, 2012 1:59 pm
Posts: 15
Laptop Make: Dell
Model: Vostro 1400
Graphics Card: 7600 GO
Purchased From: Direct From Manufacturer
Amount Paid: 380
Date Purchased: 10 Oct 2008
Date Failed: 08 Aug 2011
OK thanks Paul, the whole small claims thing has got me into weird places like I don't know wth I am doing as Dell is like a serious corporation, but I am going to follow through.

No email/phone call from Dell as yet.


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PostPosted: Sat Apr 14, 2012 8:00 am 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Ruprech,

Quote:
....don't know wth I am doing as Dell is like a serious corporation


Please don't let the size of Dell put you off or even make you apprehensive. You have to remember one thing;
Dell sold you an inherently defective laptop and the law is on your side, not Dell's.

They will not go to court on this and will settle at the 11th hour - probably on condition that you sign a non-disclosure order.

Be strong Ruprech, stick to your guns and stand your ground. Remember David and Goliath?

Good luck and best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Tue Apr 24, 2012 10:14 pm 
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Joined: Wed Feb 08, 2012 1:59 pm
Posts: 15
Laptop Make: Dell
Model: Vostro 1400
Graphics Card: 7600 GO
Purchased From: Direct From Manufacturer
Amount Paid: 380
Date Purchased: 10 Oct 2008
Date Failed: 08 Aug 2011
Well I still haven't heard from Dell, per se, but received a letter from a solicitor, stating 'we act for the Defendant in the above matter' and that they 'intend to defend all of the claim', estimating the date for 'serving the Defence' is May 21st 2012. :shock:

Which is standard I guess. :mrgreen:

They asked me to send them the documents I will be submitting to the court, which I did today.

Sent a bunch of stuff including engineers report, the Nvidia US class action lawsuit, Dell recall/extended warranty notice for laptops, various articles about the Nvidia defect, Nvidia CEO admitting the defect, other companies getting sued, the letters I sent already to Dell (prior to action etc), proof of purchase and the Sale of Goods Act.

Put it all together quite carefully, along the lines of what the defect is, proof the defect exists, my laptop having defect, Dells (alleged) responsibility and my rights as a consumer. :geek:

Be interesting to see their response, half expecting some tricky lawyer checkmate move which totally destroys my claim but I think the evidence I sent is pretty solid.

Probably hear from them next week sometime. By the way, just want to ask, if it gets to court and I lose will I be liable for costs? :mrgreen:

Cheers!

Ruprech.

P.S. Not sure if this post has any legal 'not postable' issues. :?


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PostPosted: Tue Apr 24, 2012 10:19 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Ruprech,

The response that you have received is pretty standard so no problem there.

The evidence is pretty irrefutable isn't it so it will be interesting to see their defence.

Don't think about losing this. Your laptop is inherently defective and so you are in the right and the law is on your side having a positive mental attitude and persistence is the key to success.

Good luck and best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Fri Jun 28, 2013 8:44 pm 
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Joined: Wed Feb 08, 2012 1:59 pm
Posts: 15
Laptop Make: Dell
Model: Vostro 1400
Graphics Card: 7600 GO
Purchased From: Direct From Manufacturer
Amount Paid: 380
Date Purchased: 10 Oct 2008
Date Failed: 08 Aug 2011
I have been resting on my laurel(!), read that anyway you like, but I did get some money from Dell!

Success! :!

Was intending to wait until the cheque cleared before posting but then it cleared and I forgot yadda yadda but here I am now anyway.

So, to recap.

Sent solicitor the evidence mentioned above and after a week or so they offered me £184 quid total on a £300 quid laptop [new] which I had used for 3 years so was quite happy with that.

They then sent me a cheque with someone else's name on but I returned that to the solicitor (registered) and they sent me another, with my name on. Banked it. They also sent a man to collect the laptop.

Massive thanks to Paul and the forum, without which I would have got nothing for my broken laptop.

To anyone who is hesitating, believe me, if I can do it, you can too. I felt nervous at times due to legal stuff that is always a bit scary but followed the advice from Paul and made sure everything I did was registered post and careful.

:D :! :D


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PostPosted: Sun Jun 30, 2013 8:51 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Ruprech,

Well done on your success. :! :! :! :!

I am really pleased that you have managed to reach such a positive resolution.

I am surprised that Dell did not want you to sign a "non-disclosure order" before they handed over the cheque as that seems to be the norm these days.

Ruprech wrote:
To anyone who is hesitating, believe me, if I can do it, you can too. I felt nervous at times due to legal stuff that is always a bit scary but followed the advice from Paul and made sure everything I did was registered post and careful.


I couldn't agree more. The legal stuff can indeed be scary, but once you realise that you are in the right and the retailer is in the wrong and that the law is on your side then that makes everything that much easier.

Persistence really is the key to success. Many retailers will try and fob off claimants but as long as you stick to your guns and never, ever give in then you will always succeed.

Well done again Ruprech and all the very best for the future. :! :! :! :!

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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