26" LCD TV - HD Ready £378 delivered! (merged) [CLOSED]

dbilsborough

owey wrote:

Does anybody know if in law there is a term called "loss of bargain"? I seem to remember it being used in a forum once. But can not remember where or what the details where.

Look at the bottom of this web page, it tells you about "loss of bargain" https://www.bcentral.co.uk/finance/law/business-law-faq.mspx[/QUOTE]

yes there is, I used it against Britannia Music club when they wouldn't honour the free DVD offer they had on (they tried to change teh T+Cs retrospectively to exclude box sets) but still exprected me to but 3 DVDs in the first year. Took them to the small claims court but the day before the hearing they paid out the full value plus costs I wouldn't have bothered if they hadn't tried to lie and make out that I had sent the box sets back to them....

onedah

Just got another call from Dell (Mary Quinn) again. She told me this time that Dell have taken payment from my credit card and would be refunding the payment.

I again tried to discuss further with her about getting a TV of equal ot higher value and loss of bargain, but she said Dell were sticking to the Dell experinced a Web Site problem and due to that they do not have to honour the order.

Looks like it's £75 Voucher...

black_star_2

Hi All

Thank you for the info about "loss of bargain". I will throw that into the mix if I ever get the promised phone call from Dell.

Do we know when this technical fault occured/was discovered? Did they still honour any orders after this date?
Did anybody get the written/E-Mail/telephone confirmation after Dell knew about this "technical fault"?
Have Dell supplied anybody with the details of the "technical" fault. Ie what exactly the fault was.
Did Dell supply hundreds of units to discount re-sellers (e-buyer, aria etc) while they had this fault or after?
Did they supply hundreds of units to discount re-sellers after confirming orders with us?

There is no way I will be accepting their derisory offer. Thre are too many unanswered questions. They have taken my order, confirmed the order (e-mail and telephone) and taken the cash. They have supplied hundreds of units to discount re-sellers after they took my cash and honoured orders that were taken a week after my order.

Brodel

If you do this "loss of bargain" thing, what happens with regards to warranty etc, is that all held with the company you buy it from and all that Dell do is refund you the difference?

black_star_2

Brodel wrote:

If you do this "loss of bargain" thing, what happens with regards to warranty etc, is that all held with the company you buy it from and all that Dell do is refund you the difference?

Hi Brodel, I am not sure yet. I am at the "preliminary stage of my investigation officer"!! The only thing I have found so far is "If the contract relates to the sale of goods, damages can be calculated according to the 'difference in value'. This means that if your supplier fails to deliver goods, the damages will be calculated to match the difference in value between the contract price and the market price of the goods, on the day when delivery should have occurred. See the Sale of Goods Act 1979."

At this stage I am unsure whether it has to be the same TV or one of the same standard/spec.

Brodel

black_star wrote:

Hi Brodel, I am not sure yet. I am at the "preliminary stage of my investigation officer"!! The only thing I have found so far is "If the contract relates to the sale of goods, damages can be calculated according to the 'difference in value'. This means that if your supplier fails to deliver goods, the damages will be calculated to match the difference in value between the contract price and the market price of the goods, on the day when delivery should have occurred. See the Sale of Goods Act 1979."

At this stage I am unsure whether it has to be the same TV or one of the same standard/spec.

Hey, oh ok that sounds intersting.
I've given up calling Dell for now, I don't want to accept the voucher or want 10% off the 32inch TV's and I imagine they'll just run me in circles if I keep insisting I want something more than that. I think I'll wait to see if anyone has any breakthroughs, if not I'll reluctantly take the voucher (which I assume I'll have to call them for seeing as if I didn't look here I would be none the wiser about it)

I'm started to find 28inch CRT's with 5 year warranties (John Lewis) quite tempting to be honest, the picture will be better without a doubt and if the Dell broke after it's short 1 year warranty I'd be screwed.

The thing that bugs me most is that apart from the one time that I called THEM, I have heard nothing from Dell at all since the call conffirming my credit card details for the "sale".

marty1888

I think Dell are in a very big whole and are doing their utmost to get out of it in any way possible.

Maybe they feel that most people will accept the derisory £75 offer and that will be that.

the*dark*one

I placed my order on their website and they called me within 10 minutes of placing the order to confirm my address and card details. Technical website fault my backside.

black_star_2

Brodel wrote:

The thing that bugs me most is that apart from the one time that I called THEM, I have heard nothing from Dell at all since the call conffirming my credit card details for the "sale".

My last communication with dell was on Tuesday 06th December. That was when I got the "wait until Friday 09th" message. Nothing since then. They did not reply to my message asking them what happens if they are out of stock. For some reason though Walsh Western and TNT have phoned me twice. Just confirming today as delivery day! God knows what they will be delivering, maybe a Christmas Tree with Michael Dell on the top? I do not want to be cynical but I feel a "beyond our control" the couriers must have lost it scenario coming on. Juts to add insult to the "technical problem" injury!

One of Dells account manager types will be phoning me today for "feedback" about how are meeting went regarding Dell becoming primary supplier. I might drop me TV into conversation!

Brodel

black_star wrote:

For some reason though Walsh Western and TNT have phoned me twice. Just confirming today as delivery day!

I'll be keeping my fingers crossed for you, who knows what it could be.
I'd drop the TV issue in with the Dell account manager for sure! lol