Dell Won't Let Me Cancel, Help!

derrick

Mechanicus wrote: »

Yet another fob-off email:


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.

I would just e-mail back to the manager emphasising the point already made; -

“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."

Tell them you will be refusing delivery and that it would be cheaper for them to cancel the delivery now, and if they cannot abide by legislation then you will have no option but to take the matter before a small claims court.

I would also inform them that you will be reporting them to Trading Standards for flouting government legislation,(DSRs), and attempting to take away consumers statutory rights, you need to do this anyway as a matter of course.

Mechanicus

derrick wrote: »

I would also inform them that you will be reporting them to Trading Standards for flouting government legislation,(DSRs), and attempting to take away consumers statutory rights, you need to do this anyway as a matter of course.

I email Consumer Direct on Saturday, and just got a reply, which said the usual about contacting the seller, but it also said:

I have passed the details of your enquiry to the appropriate Trading Standards Authority as a potential complaint. If an officer requires any further information, they shall contact you within 5 working days on receipt of this enquiry.
We thank you for bringing this matter to our attention.

So it looks like Trading Standards already know about it now.

rich_months

Since the DSR states they have to repay you the postage charges, it's amazing that they won't budge on cancelling the order!

Mechanicus

rich_months wrote: »

Since the DSR states they have to repay you the postage charges, it's amazing that they won't budge on cancelling the order!

I still haven't heard back from the manager I emailed. I suspect he'll ignore the email and expect me to cave in.

Mechanicus

Just thought I'd let you know they've pushed the delivery date back another day.

advent1122

rich_months wrote: »

Since the DSR states they have to repay you the postage charges, it's amazing that they won't budge on cancelling the order!

Maybe they factor in that some people will keep the product once they receive it, rather than return it - otherwise, very strange practice.

Mechanicus

I just had a "Customer Experience Survey" email from Dell. Suffice to say I filled it out honestly, and put down everything I've experienced. It's a shame they probably ignore all the negative ones, and use the handful of positive ones to advertise on their website or what have you.

One thing I did notice was that one of the options I could choose for reasons I thought the service was unsatisfactory was about cancelling. Sounds like they might get this problem a lot.

Mechanicus

I had the parcel turn up today. I refused it, of course. The delivery bloke had no issues with it, he just asked me to write 'Delivery Refused' on the clipboard, and he asked why I was refusing it (I told him Dell !!!!!!ed me about so I cancelled and they wouldn't refund the money). He said he would put it down at something like 'goods not required'.

Still no word from the manager I emailed.
Also, what are the rules regarding refunds? I know it's 30 days maximum, but is that 30 days from when they say they are refunding the money, or 30 days from when I tell them I'm cancelling?

derrick

Mechanicus wrote: »

I had the parcel turn up today. I refused it, of course. The delivery bloke had no issues with it, he just asked me to write 'Delivery Refused' on the clipboard, and he asked why I was refusing it (I told him Dell !!!!!!ed me about so I cancelled and they wouldn't refund the money). He said he would put it down at something like 'goods not required'.

Still no word from the manager I emailed.
Also, what are the rules regarding refunds? I know it's 30 days maximum, but is that 30 days from when they say they are refunding the money, or 30 days from when I tell them I'm cancelling?

Refunds

On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within 30 days of cancellation. The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer.

derrick

See also pages 20 & 25 HERE