AndyC_772

iTrader: (2)

I'm having problems with a certain well-known computer company. They're based in Ireland (if that makes any difference).

Earlier this year I bought a PDA from them (online, via their web site), which included as part of the kit a plug-in mobile phone card made by another company. This card worked fine at first but has now stopped working. Due to the construction of the card, it doesn't look repairable. A new one would cost about £90, more than I'm prepared to simply write off without a fight.

To cut a long story short, I've contacted the supplier and they've flatly refused to take back the card and replace it - they say I have to contact the card's manufacturer and deal direct with them. The manufacturer is in the USA, has no UK representative, and only has repair facilities in the US and Canada. So, I'd have to ship the card halfway round the world at my own expense only to have it thrown in the bin when it gets there - and I'm simply not prepared to do that.

However, I don't believe the supplier is meeting its legal obligations in forcing me to deal with the manufacturer in a foreign country. My understanding of UK consumer law is that, since my contract is with the supplier, it is their responsibility to deal with repair and replacement of any defective products, whoever they're made by and whether or not the product was supplied as a 'promotion' along with another product.

Can anyone who knows the law please comment or point me towards another source of accurate consumer advice?

The Zohan

I am no expert Andy

My understanding is that you purchsed it from this well know comany. They took you money and supplied the item.
Your contract is with them, shal we call them 'Dull' for the time being, not the US based company who supplied it to Dull.

Paul

XRS

You should speak to your local Citizen's Advice Bureau for advice.

GC8

As Paul says; you have contracted with Dell, not their OEM supplier. Your statutory rights are quite clear here but its common for resellers to steer you towards their guarantee terms. Im sure youre aware that you have the option of benefiting from their guarantee, but you arent obliged to. I would advise raising the issue with the Trading Standards department of your local authority (County if you live in a District and Metropolitan Borough if you live in a Metropolitan Borough...).

Simon

RB170

I had this problem with a Samsung mobile phone purchased from Orange. Orange refused point blank to even pay for the repair of the phone and so did Samsung

AndyC_772

iTrader: (2)

Thanks guys, I thought as much but I was absolutely seething when I got off the phone - I object to being told that there's no higher level to which my complaint can be escalated, while I'm still speaking to someone in a call centre who quite clearly couldn't give a toss. Rather than argue UK consumer law with someone in India, I hung up.

I'll speak to Trading Standards in the morning.

Silver Scooby Sport

iTrader: (15)

Just a thought Andy did you buy it using your credit card ?
Only they may be willing to take the case up for you or possible pay you the £90 for the new part via the card insurance..... I'm not sure if they would but if you did use it I would certainly explore this avenue.

Simon

AndyC_772

iTrader: (2)

That's not a bad idea, though I think they only offer 90 days' purchase cover and it was just outside that time when the card failed. Might be worth a phone call, though, thanks for the reminder.

GC8

More to the point, consumer credit law makes the credit provider jointly and equally liable so if Dell continue to **** you about you have the option of seeking redress from your card issuer. Id advise you to take it up with your local TS department though; the law is clear.

Simon

AndyC_772

iTrader: (2)

Somehow I can't help but think I'm better off using my old mobile phone over Bluetooth instead, and sacrificing the broken card to the Gods of technology with a big hammer. Like I did with this hard disc, which (disappointingly) turned out to have aluminium platters rather than glass:

tarmac terror

iTrader: (2)

To take another tack on this - if your PC developed a fault would they expect YOU deal with Crucial Technology over faulty RAM, Maxtor for faulty drives or Gigabyte for damaged motherboards.

There is something which covers you - Dell in pursuit of their business must not inconvenience you or cause you to incur you additional expenses.

Citizens advice gave me this advice when a Subaru Dealer was trying to force me to insure their coutresy car on my policy while my car was in for warranty work, which would have cost me £40.

hope this helps,
TT