Re: Vista
- From: "pmj" <post@xxxxxxxxxxxxxxxxxxxxx>
- Date: Tue, 13 Mar 2007 19:59:02 GMT
"Bernadette" <nomail@xxxxxxxxxx> wrote in message
news:YLCJh.109$_v3.74@xxxxxxxxxxxxxxxxxxxxxxx
Jerry Atric wrote:<snip>
The real story behind this is a little bit difficult really. My
friend is 86 years young and started off with a clapped out reject of
a computer about 18 months ago. She did a little day course on using
the computer, and enjoyed the computer so much she decided to buy
herself a brand new one and hoped to she could continue enjoying
herself for a while to come yet. Now she has her new computer but she
is quite distressed and very disappointed to find despite the Dell
salespersons promises of great thing to come, she is unable to get on
line. Of course as always when something goes wrong no one wants to
know, and all deny responsibility as I understand it. To show good
will, Dell did send her a installation disc for windows XP which
someone kindly tried to install for her but somewhere along the line
her computer crashed. So, she is now left with a new Dell computer
that she can only sit and gaze at it. I understand that she is going
to speak with CAB and Trading Standards in the hope that she may yet
get back on line with new computer. Hardly helps went he person
concerned is not computer literate and is 86 years young. I think
it's a disgrace that having paid good money to Dell, and indirectly
to Bill Gates the system is flawed.<snip>
Jerry, there is more that can be done.
I worked for Citizen's Advice Scotland for 3 years after I retired
(same as CAB but "oop norf" compared to Dorset).
It sounds to me as though the computer that was sold to her was not
"suitable for purpose" and if so she would be entitled to a full
refund. That would have to come from the shop she purchased it from as
they are responsible for selling the goods. This situation is nothing
to do with the manufacturer.
But in this case the Manufacturer (Dell) is also the Seller!
& anyway, as is clearly stated in this Quote from the Sale & Supply
of Goods Act that you Quote, if she (the purchaser) didn't make sure
that they complied with this bit...
<quote from Trading Standards><snip>
... and the goods must: <snip><snip>
* be fit for the purpose - When a consumer indicates that goods are
required for a particular purpose or where it is obvious that goods
are intended for a particular purpose, and a trader supplies them
to meet that requirement, the goods should be fit for that specified
purpose."
<end quote>
OK, it may fairly reasonably be claimed that the "Goods" (the PC)
is likely to be intended to be Connected up to the Internet at some
point, one way or another...
& it *is* suitable for that & "fit for the purpose"...
It's only if she specifically stated that she wanted to be able to use
it with a particular Make & Model of USB Modem (which doesn't have any
Vista Drivers available for it) & then only if they stated that it would
work with that modem, that she could claim under the sale of Goods Act.
However, the "Distance Selling" Regulations may well be of far more
relevance & help to her.
Purchasers of stuff bought OnLine (like her Dell PC was) have a
(strictly limited by the law) "Cooling off" period, during which
time they can just "change their mind" for whatever reason they want
(even if there's no actual fault with the PC, which there isn't)
& return it for a refund, so long as they notify the supplier (within
the time limit) of their intention to do that.
CAB in Dorset can arrange to do a "house call" to see her. As she
is 86 that would not be a problem for them to arrange.
That sounds good!
:-)
... When they have full details they may also pass the case to Trading
Standards (who have a lot more legal "clout") if necessary.
I hardly see that there's any case for Trading Standards to be involved?
Though they may be able to "persuade" Dell to come up with some sort
of visit from an Engineer to Help her sort the prob of getting the
right sort of Modem & plugging it in or contribute to the cost of
getting someone out to buy the correct sort of Modem that she needs.
First thing is to contact her local CAB who will be able to:
1. arrange a visit to her at home
2. take her through the process step by step
3. contact the vendor and deal with them to resolve it, and
4. deal with Trading Standards on her behalf if they have to take
it that far.
Sounds like a good idea.
If only for the *Advice* that the CAB (Citizens Advice Bureau) can
give her, regarding where to go to buy the right sort of Modem to use
with her new PC - maybe even Dell might be able to supply her with one?
It wouldn't cost much & I'm sure they could prolly be "persuaded"
to supply it FOC? - Or at a reduced cost, due to the misunderstanding
over it all.
It would ultimately be cheaper for them, than arranging Collection
& refunding the PC
--
pmj
.
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