Consumeractive

Can I get refund for extended Dell warranty?

Q

In May I bought a refurbished Inspiron 5406 laptop (pictured) for £610 from the Dell Outlet ( www.snipca.com/39328), along with an extended warranty to cover it. It had to be repaired just over a month later, and I’ve now found another fault with the audio recording function. Dell says it’s a software problem and therefore not covered by the warranty. I know I can get a full refund under the Consumer Rights Act (CRA), but would rather Dell offered me a more powerful laptop. If that’s not an option, can I get my money back for the extended warranty I bought? Frank Davidson

A

Frank’s been seriously inconvenienced by these problems, but he’s not entitled to a more powerful laptop as compensation. Customers can claim a full refund for an unclaimed warranty, but only within 45 days of buying it. Frank has missed this deadline, but he can still seek a partial refund.

Dell is allowed to set whatever terms it likes in its warranty, such as excluding software. But the CRA always trumps warranties, and it covers problems caused by software manufacturers install on computers before selling them. Frank now needs to ask Dell whether it’s referring to its own software. If so, this means the fault has existed since purchase (in other words, it’s inherent) and he’s now entitled to a full refund because Dell has already had its one chance to fix the laptop. His case is weaker if Dell claims the problem is caused by software he has installed. However, Dell would need to prove this in order to refuse the refund. He should make this point to Dell and wait for its response. CASE ONGOING