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Sale of Goods act question

faevilangel Avatar
6y, 9m agoPosted 6 years, 9 months ago
How can i prove an item isn't fit for purpose?

I have had my Dell laptop for 9 months (roughly) and it's hand No end of problems

#1 windows update ruined the registry so had to reinstall windows
#2 another update malformed a registry file so had to do a system restore
#3 another update destroyed gpu so had to do a system restore
#4 battery died after 6 months (ish) of use
#5 windows update destroyed my ethernet adaptor, had to do another system restore

It's becoming a joke, everytime windows release an update, it makes a mess of the files and I have to keep doing system restores. It's starting to piddle me off.

I am on vista basic, is there anyway i could prove it's inherently faulty? My last dell worked like a charm but this one is just a mess, something is always going wrong with it.
faevilangel Avatar
6y, 9m agoPosted 6 years, 9 months ago
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#1
Have you given them chance to repair ?

Apart from the battery its software problems isnt it, maybe a reinstall of vista or one of your programs is causing it ?
#2
I'm not sure you can, apart from the battery, they all seem to be software faults. Could be hardware causing it, but unsure how you could prove it.

Try a full format and reinstall windows
#3
deanos
Have you given them chance to repair ?

Apart from the battery its software problems isnt it, maybe a reinstall of vista or one of your programs is causing it ?


It's a windows update problem everytime (cept for battery). I have reinstalled windows once and it still occurs.
#4
Maybe its a program it dosent like, something on the Dell software or drivers ?
#5
deanos
Maybe its a program it dosent like, something on the Dell software or drivers ?


I have removed the dell apps and reinstalled them. I only have one running (touchpad)
#6
Stop it from auto updating windows. I did, after three serious hard disk failures. Now it's all fine.

EDIT: It;s vista software, not hardward problems, I run vista, but wish I didn't. What was worng with XP anyway?!
#7
Penny Saver
Stop it from auto updating windows. I did, after three serious hard disk failures. Now it's all fine.


I might have to
#8
From Dells website...
Dell's standard battery warranty is one year. Batteries are a consumable item. All batteries degrade with time and use.

I doubt if Dell will want to know about the software issues and I suspect they will ask you to reinstall using the recovery partition and maybe run some diagonostics.

Sounds like it's not a SOG claim that would stand up to me.
#9
faevilangel
I might have to


It doesn't matter, if it does everything you want it to do now, why hope for somethin gbetter in an update, when it's obviously hurting right now! Switch it off, live and learn. (She says after replacing a HDD three times and losing shed loads of photos.)
#10
Penny Saver
Stop it from auto updating windows. I did, after three serious hard disk failures. Now it's all fine.


lol. good advice :roll: lets not update any of the security systems, and see what happens.

It cant be a software problem, otherwise every man and his dog would have this problem. I would think it is as suggested, some incompatibility between Vista and Dell. altho, as i just said, you would have thought it would be ok.

sounds like a virus to me. Did you do a full format (including hidden partitions) on the drive before re-installing windows?

I would also suggest not using Vista. Windows 7 or XP will be a lot more reliable.
#11
mugglesquop
lol. good advice :roll:

It cant be a software problem, otherwise every man and his dog would have this problem. I would think it is as suggested, some incompatibility between Vista and Dell. altho, as i just said, you would have thought it would be ok.

sounds like a virus to me. Did you do a full format (including hidden partitions) on the drive before re-installing windows?

I would also suggest not using Vista. Windows 7 or XP will be a lot more reliable.


For me, it was a definite vista / dell compatibility issue. Not happened since I switched auto update off.
#12
Thanks everyone

It's not a virus as I check my system constantly. I use vista as it's what I know and it came on the laptop

I have spoke to dell about it a few times and if it happens once more then I will need to see if they know of a remedy.

I need my laptop for my work so really don't need this hassle or want to send it to dell to "fix"
#13
tinkerbell28
Yeah see there in lies the issue, you haven't given them a chance so far yet to "fix" it, you would have to a couple of times at least really.

Did you buy it from dell direct? If not deal with the retailer as these are the people you would claim from under the SOGA, your SOGA rights and manufacturer rights are 2 seperate entities, even if the retailer was the maufacturer.


bought it from tesco so I would use that route if needed
#14
I don't think you can claim a SOGA failure in this case. Do you know how rare it is for Windows Update to break a system? The fact that something so uncommon is happening repeatedly to your system implies that there's either something wrong with the hardware, which you should scan for using the Dell Diags suite, or the problem's being caused by 3rd party software. Probably your virus scanner. If your virus scanner never actually catches anything, you're probably sensible enough not to need one, so try turfing it out and seeing if the problems persist.
#15
tinkerbell28
If you are looking at a possible SOGA claim now or in the future, it's TESCO you need to be dealing with not dell, as it's TESCO you will be claiming against and you need to give them a chance to rectify the issue not Dell.

Even if all they do is get the manufacturer to look at it and repair it as in my case. Complain to retailer, they phone manufacturer who came to repair it, they tried doing this the 3rd time saying that's their policy, to get the manufacturer to repair, and the manufacturer would only write products off after 3 EXACT same faults, under the manufaturers guarantee.

It's then I started to claim under SOGA, and made it explicitly clear this was the case, not the manufacturers guarantee. The 2 are independant as you are bound to the guarantee.

As at the end of the day, it would be TESCO you would take to court under SOGA if it got that far, they need to be aware of the issues you are having and given reasonable chance to rectify how they see fit, only then can you really think of a SOGA claim.


thanks so much. If it appears again I will definitely be in contact with Tesco (least their cs is in the UK :w00t:).
banned#16
faevilangel;7813240

[COLOR=#282828][FONT=Helvetica]How can i prove an item isn't fit for purpose?[/FONT][/COLOR]

[FONT=Helvetica][COLOR=#282828]I have had my Dell laptop for 9 months (roughly) and it's hand No end of problems[/COLOR][/FONT]

[FONT=Helvetica][COLOR=#282828]#1 windows update ruined the registry so had to reinstall windows[/COLOR][/FONT]
[FONT=Helvetica][COLOR=#282828]#2 another update malformed a registry file so had to do a system restore[/COLOR][/FONT]
[FONT=Helvetica][COLOR=#282828]#3 another update destroyed gpu so had to do a system restore[/COLOR][/FONT]
[FONT=Helvetica][COLOR=#282828]#4 battery died after 6 months (ish) of use[/COLOR][/FONT]
[FONT=Helvetica][COLOR=#282828]#5 windows update destroyed my ethernet adaptor, had to do another system restore[/COLOR][/FONT]

[FONT=Helvetica][COLOR=#282828]It's becoming a joke, everytime windows release an update, it makes a mess of the files and I have to keep doing system restores. It's starting to piddle me off.[/COLOR][/FONT]

[FONT=Helvetica][COLOR=#282828]I am on vista basic, is there anyway i could prove it's inherently faulty? My last dell worked like a charm but this one is just a mess, something is always going wrong with it.[/COLOR][/FONT]

[COLOR=#282828][FONT=Helvetica][COLOR=#282828][FONT=Helvetica]#1 – Software Issue – Not Dell’s responsibility[/FONT][/COLOR]
[COLOR=#282828][FONT=Helvetica]#2 – Software Issue – Not Dell’s responsibility[/FONT][/COLOR]
[COLOR=#282828][FONT=Helvetica]#3 – Software Issue – Not Dell’s responsibility[/FONT][/COLOR]
[COLOR=#282828][FONT=Helvetica]#5 – Software Issue – Not Dell’s responsibility[/FONT][/COLOR]
[COLOR=#282828][FONT=Helvetica]#4 – Non-Software Issue – Covered by Dell’s 1 year battery cover[/FONT][/COLOR]

[COLOR=#282828][FONT=Helvetica]How can i prove an item isn't fit for purpose?[/FONT][/COLOR][COLOR=#282828][FONT=Helvetica] - you cant cause its not their issue, only thing you can argue on is the battery. Now as the battery died after 6 months and you have had this 9 and you’ve said its not gone off to them I take it you replaced yourself? If so you will have now negated that warranty (possibly the entire warranty dependent on Dell’s rules) and they wont do anything about that either.[/FONT][/COLOR]

[COLOR=#282828][FONT=Helvetica]Dell’s software MAY be at fault but unlikely…if there arent a thousand others claiming the same problem then they wont accept any responsibility whatsoever so again not their problem. Much more likely its 3rd party software installed causing a problem, you downloading things? Software? Movies? Does it have specific programme your doing this with? Downloaded anything in the past that’s left something on?[/FONT][/COLOR]

[COLOR=#282828][FONT=Helvetica]If you’ve had it 9 months then there is a strong possibility its something you’ve picked up from the net or some software causing conflict issues…Dell (rightly in this case) will deny any responsibility but may be able to get them to check it out for you if you get on to a decent rep but wont be quick or if they find its your fault then will charge at the very least return charges.[/FONT][/COLOR]

[COLOR=#282828][FONT=Helvetica]Best idea is drop the HDD, install OS and download all updates. After that watch what software you install and look online for any known conflict issues.[/FONT][/COLOR]

[COLOR=#282828][FONT=Helvetica]If its not that you have a dud that you will have to get an independent company to prove is a dud which Dell will more than likely argue about[/FONT][/COLOR]

but Tesco you may have more of a chance with [/FONT][/COLOR]

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