Dell Won't Let Me Cancel, Help!

The_Pedant

I dare say their systems are geared more for bespoke/customised system building, which can fall outside of the DSR (as time is required to build a PC to a custom spec). Your order is clearly just for a part though, and therefore a stock item falling under the terms of the DSR. I would therefore reiterate your wish to cancel.

I would email Dell (durable medium), stating your wish to cancel the order under the terms of the Consumer Protection (Distance Selling Regulations) 2000. State that (as the item is out of stock) you wish to cancel the order prior to despatch and receive a full refund, to be received within the 30 days specified by law. I would also state the 30 days starts from the 1st email requesting a cancellation.

Notify them that any attempted delivery would be rejected.

You have therefore clearly stated :-
- your clear wish to cancel
- your wish to avoid Dell incurring extra costs dispatching an order you do not wish to proceed with
- you will not accept posession of the goods if they try to force the order through & deliver anyway (so they remain Dell's responsibility)
- your expectation to receive the refund within the 30 days allowed.

Fire_Fox

derrick wrote: »

U

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

I said e-mail is not formal communication and I stand by that. In reality it's somewhat difficult to prove receipt of an e-mail, I personally feel a lot more confident and have had better results complaining/ communicating via recorded delivery letter.

pitkin2020

Fire_Fox wrote: »

I said e-mail is not formal communication and I stand by that. In reality it's somewhat difficult to prove receipt of an e-mail, I personally feel a lot more confident and have had better results complaining/ communicating via recorded delivery letter.

you can set up receipts to tell you when an email you have sent has been opened, asleast the message is sent instantly, with Royal Mail even using there recorded method is not a great method as royal mail are completly useless and have a habit of losing things, even the things they specialise in.........mail

pitkin2020

just to add dell is an online company so i would think contacting them using email would be there prefered method anyway

ABH_3

I read this thread briefly the other day IIRC. My thinking then was to warn you, don't just refuse to accept the parcel from Dell. Inform them of your intent to cancel as Derrick says above, make it CLEAR that you will be REFUSING DELIVERY as the item is UNWANTED. Yes, I'm suggesting using capitals in your email.

I mention it as they have a tendency of charging for postage again as they'll just turn it around and resend. If you don't, then you risk spending what you've already laid out for the card in postal fees back and forth to Ireland at least untill you make contact with someone able to refund you, which could take a while.

This maybe included in the advice given earlier in the thread, if so my appologies ignore me.

HTH

Mechanicus

The slight wrinkle with this is that the emails I am sending are via their website's email form, so I don't have a record of it.

Mechanicus

This morning I was given the email address of a manager, so I have sent the following email:

[SIZE=-1]Hello. I was given your email address by one of your 'Customer Service Care' workers.
I have been trying to cancel my order, as the delivery date was moved back (I was told this after the money was taken from my account!).
When I tried to cancel, I was told I cannot, because:

"...[/SIZE]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..."

I would like to point out to you the Distance Selling Regulations (2000), which state:

“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."

And:

"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."


This order is for a part, not a custom built PC. There should be no reason to not allow me to cancel.

This email is fivefold:
-Notification of wish to cancel.
-Notification that I will be refusing delivery of the item if any attempt is made to deliver it after I expressly asked to cancel
-Notification that I will not accept possession of the goods if you try to force the order through & deliver anyway
-My expectation that I will receive a refund within 30 days, as stated in the Distance Selling Regulations
-Notifications that if any attempt is made to subvert, ignore or otherwise break the Distance Selling Regulations, Trading Standards will be notified

I expect a prompt reply

Customer Name:XXXXXXX
Customer Email XXXXXXX
Customer Phone Number:XXXXXXX
Customer Number:XXXXXXX
Order Number:XXXXXXX

Regards

-XXXXXXX

Do you think that's adequate?

pitkin2020

very good lets hope they give you a decent response, if they agree to the refund it may be worth replying stating that to cancel an off the shelf part should not be made this difficult and they should employ new procedures that comply with the law to deal with these situations as they arise

Mechanicus

Yet another fob-off email:

Thank you for contacting Dell online customer service.

I have checked on the progress of your Dell order [order number XXXXX] and it’s in Pre Production.

You should expect delivery of your system on (or before) 04-08-09.

I would like to inform you that we are not denying the fact that the order can be cancelled, but it cannot be cancelled at this stage and we have to wait till this gets delivered to you.

You can check on the progress of your Dell order at any time by clicking on this link www.dell.co.uk/orderstatus with your Customer Number [XXXXX] and Order Number [XXXXX]

As previously advised, once an order has been placed it cannot be cancelled. 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 so that the collection and complete refund can be requested.

This email was a standard reply to one which I sent yesterday, via their online form, not the one I sent today to the manager.
Just thought I'd post it to show how doggedly they are trying to avoid Consumer Law.

Laz123

My guardian angel must be looking after me. I ordered a 160gb hd from Dell, then found out I didn't need it. So I rang 2 days after and was told I could refuse delivery and then would be refunded, or send it back within 7 days and be refunded. I was out when it arrived, but not quite trusing the advice I rand again. This time I was told not to return it and they wouldn't pick it up but they'd refund me within 5 days. I've just checked my bank account online and they've refunded me. Plus I've got a free hd!