Dell Won't Let Me Cancel, Help!

Mechanicus

Hello. I am hoping to get some help dealing with Dell.
Last night I put an order in for a Sound Card, as all the other places I would normally try were out of stock. Today, Dell emailed me to say it was going to be delayed "Due to the popularity of the product our demand has exceeded supply". This is after taking my money.

I email them to cancel (no cancellation facilities on their site, hmmmm...), to be told:

"Once an order has been placed it cannot be cancelled. Please accept delivery of your Dell order [24324870] and if you do wish to return it please contact us within 7 working days of receiving your delivery."

I can't believe they are allowed to take your money, then tell you it's out of stock, and not let you cancel your order.

What do I do?

RadoJo

I suppose it depends how long the delay was, although I suspect that this is just a standard e-mail response sent out without anyone actually checking whether it was appropriate.
I imagine that if you respond to the e-mail pointing out that you are only trying to cancel because of a problem at their end, you might get a more realistic response.

Mechanicus

I have just received another load of tripe from them:

"However, had it been an option we would have cancelled the order. I would like to inform you that, it is too late to make changes to the order, I am sorry but your order has already progressed too far and is now locked. I am unable to cancel it.

Please accept delivery of your order and if you do wish to return it please contact us within 7 working days of receiving your delivery. We will arrange full refund of the order."

I put the order through yesterday. The item is, apparently, out of stock, despite the website allowing me to purchase it, with no warning that it was out of stock. How can the order have 'Progressed too far'?

To be honest, normally this wouldn't bother me. But, naive little sausage that I am, I assumed I would be able to cancel something from a supposedly reputable company with no hassle, and so I ordered a second item from eBay, which was posted today
So now I'm over £80 out of pocket until I can get this Dell order sorted out.


Does anyone know a way I can light a fire under them, to get them to actually abide by consumer law? I have emailed Consumer Direct, but is there anything else I can do?

Mechanicus

RadoJo wrote: »

I suppose it depends how long the delay was, although I suspect that this is just a standard e-mail response sent out without anyone actually checking whether it was appropriate.
I imagine that if you respond to the e-mail pointing out that you are only trying to cancel because of a problem at their end, you might get a more realistic response.

The delay isn't exactly biblical - 4th August - but the fact is the postage should be over £8.00, but it was free postage when I bought the item (promotional thing). I doubt the delivery time would have been any better if I had paid that postage cost, and I would have been even more annoyed if I had paid, and then been told it would take 10 days for delivery.
Right now, I am slightly panicky about my money, but mostly I am annoyed at what seems to be a flagrant 'up yours' at the Consumer Laws.

Fire_Fox

Write a letter of cancellation sent recorded delivery stating your reasons and tell your bank you have not authorised any transaction from Dell. E-mails are not really formal communcation.

Mechanicus

Fire_Fox wrote: »

Write a letter of cancellation sent recorded delivery stating your reasons and tell your bank you have not authorised any transaction from Dell. E-mails are not really formal communcation.

I don't think it's worth it to be honest. By the time I've found a free day to get down to the post office, then sent the letter, and they've replied, the sound card would've been delivered. If I have to go down to the post office, I might as well wait for the thing to turn up and then send it back.
Of course, I'll be informing Trading Standards of their dodgy practices.


Anyone know what would happen if I just refused delivery?

kevinyork

Mechanicus wrote: »

I don't think it's worth it to be honest. By the time I've found a free day to get down to the post office, then sent the letter, and they've replied, the sound card would've been delivered. If I have to go down to the post office, I might as well wait for the thing to turn up and then send it back.
Of course, I'll be informing Trading Standards of their dodgy practices.


Anyone know what would happen if I just refused delivery?

If you refuse delivery then it should end up back with Dell who will cancel the order and refund you or will contact you to see what you want to do.

Ive had similar problems with Dell. Their contact centre staff (India I think) tend to be totally inflexible and can move from their standard script. In my case a cancelled order arrived, they billed me and then said I would have to pay for the return. It took a very strongly worded letter to resolve it.

Mechanicus

kevinyork wrote: »

If you refuse delivery then it should end up back with Dell who will cancel the order and refund you or will contact you to see what you want to do.

Ive had similar problems with Dell. Their contact centre staff (India I think) tend to be totally inflexible and can move from their standard script. In my case a cancelled order arrived, they billed me and then said I would have to pay for the return. It took a very strongly worded letter to resolve it.

Hmmm, but would they? I mean, if I just told the postie "I am refusing delivery" (Is that how it's done?), then what is to stop Dell from simply ignoring it and keeping my money?
As annoying as it is to go to my Post Office now (They closed the nice big one with good parking, and opened a tiny little one in the back of a shop with no parking nearby), it's probably safer to do it that way. It also gives me a chance to write a nice letter to them about breaking laws and being scummy to customers.

Fire_Fox

If you accept the item and then return it you will probably have to pay two lots of postage on a parcel.

derrick

Under Distance Selling Regulations,(DSRs), you have the right to cancel the order prior to delivery and up to 7 WORKING days from the day after delivery.

See the OFTs Business Guide to DSRs
From page 22; -
“Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

Fire_Fox wrote: »

Write a letter of cancellation sent recorded delivery stating your reasons and tell your bank you have not authorised any transaction from Dell. E-mails are not really formal communcation.

Sorry you are wrong, e-mails are classed as a "durable medium", from the same link above; -

From page 20; -
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.

Also from Statutory Instrument 2000 No. 2334

Right to cancel
10 (3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

Mechanicus

All sounds good derrik. Unfortunately, it seems Dell's customer support uses the "computer says no" level of support. They don't seem to care about consumer law, and by the time I've gotten through to them (via Trading Standards, probably) it would be too late.

I'll try emailing that info you posted to them, but I doubt they'll care.