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PostPosted: Fri May 17, 2013 12:21 pm 
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Joined: Wed Mar 20, 2013 5:19 pm
Posts: 4
Model: Dell XPS 1530
Amount Paid: 1219
Date Purchased: 08 Oct 2008
Date Failed: 15 Mar 2013
Question: Why is it 6 years that is used in the calculation?

Cheers,

Penry

PS I will soon be going into mediation with Dell's lawyers.


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PostPosted: Sat May 18, 2013 9:20 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,

The six years relates to the time allowed to bring a claim when the goods are inherently defective.

This is afforded to you under the Limitations Act 1980 and the Sale Of Goods Act 1979 (as amended).

I hope the above helps.

Good luck with the mediation and I look forward to your next update.

Best wishes

Paul
The Admin Team

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=======================================================


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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: Mon May 20, 2013 11:48 am 
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Joined: Wed Mar 20, 2013 5:19 pm
Posts: 4
Model: Dell XPS 1530
Amount Paid: 1219
Date Purchased: 08 Oct 2008
Date Failed: 15 Mar 2013
Yes, I figured that would be the case.

The thing is the Sale of Goods Act does not say that the laptop has to last 6 years, only a "reasonable" time.

Would it not have been better though to base the partial refund calculation on how much the laptop has depreciated in value since it was purchased rather than the 6 years?

Btw I have some bloody annoying lawyer trying to drag me into an argument via email (even though we are going to mediation!) because I stuffed up and said this in an earlier email:

"They are only willing to repair my laptop (should it fail again due to a recurrence of the Nvidia defect) until October 2013 (5 years after I purchased it). Obviously this is quite unacceptable because at the very least it is one year short of the 6 years (for premium goods) granted me by the Sale of Goods Act 1979."

The lawyer is trying to intimidate me with s??t like:

Please provide clarification on the "6 year point on which you rely".

WTF?! I do NOT rely of the 6 year point! I stupidly put it in as an after thought at the end of the *great* stuff provided on this forum:

"That you provide me with a written guarantee, on Dell company headed notepaper that states the following verbatim:

1. "The motherboard being used to repair your laptop is from a completely new batch and is 100% free from the NVidia defect. If, at *any time*..."

etc.

I don't see why I should reply seeing as we're headed for mediation. Why give the snake anything more to work with? What do you think?

Cheers,

Penry


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PostPosted: Wed May 22, 2013 9:29 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 Penry,

I agree with you. Whilst the Sale Of Goods Act does indeed not specifically state that the laptop should last for six years it does state that the product should last "a reasonable period of time". This is generally based on the brand and price paid. It is my opinion that a laptop should last for a minimum of 5 - 6 years and to date the courts and some of the retailers agree.

Quote:
The lawyer is trying to intimidate me with s??t like:

Please provide clarification on the "6 year point on which you rely".


I would simply refer them to the Limitations Act 1980 and the Sale Of Goods Act 1979 (as amended). They are the lawyers and they should not be asking you for advice.

Dell have settled many, many times in the past though not all are reported here. Like a number of other companies who I will not mention they tend to settle on the condition that a non-disclosure order is signed, which basically means that the claimant is forbidden from disclosing the fact that they have reached a positive resolution. Simply take a look at some of the posts in this forum relating to Dell and you will see that they have suddenly gone quite. Ever wondered why?

Of course, I could not name the individual cases for obvious reasons but if Dell were to proceed to court then they should know of the "Clean Hands Doctrine" - which basically means that they have to go into court with clean hands, or be innocent of any wrongdoing. The fact that they have settled many, many cases such as yours shows that they do not have "clean hands".

Don't let them fob you off. Stand your ground, stick to your guns and be persistent and you will succeed.

Dell have absolutely no defence and you are in a very strong position.

I hope the above helps.

Any questions please let me know.

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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