Useless Dell

pipsim

I ordered a computer from Dell the 30th November and payment was taken from my account on the 5th December. The local courier (UKMail) left a card on the 15th Dec and agreed to redeliver on the 17th. I took the day off work and waited in all day, but no delivery came. The courier would not pick up their phone all day so I can only assume they decided not to work that day. I e-mailed Dell to complain and request delivery from another courier. By the 22nd I had received no response from Dell, so I rang the courier who informed me they had returned the computer to Dell and so I waited to hear from them.

Yesterday, with Christmas now a distant memory, I had still received no response from Dell. My tracking number on the website had not worked at any point so I rang their call centre. The 'Customer Service advisor was rude and clearly had no idea where my order was. I was given an 0871 number for the 'carrier' Syncreon and spent the next 30 minutes on hold on this number. At this point I gave up and wrote a letter of complaint to Dell. There is still no sign of the computer.

I would appreciate some advice on my consumer rights in this case. I do still want the computer, but I still have no delivery date over 30 days after payment. I have paid Dell for delivery of this item and surely they have a responsibility to ensure this? I have received no contact from Dell by e-mail or phone, and have only been able to contact them on premium rate numbers! Do I have any rights to contest or claim for this?

misssarahleigh

I was with tiscali and made a claim for phone call. I specified although i don't mind paying 10p a min for tech support, after telephoning 6 time, each time to be told MY computer was broken and spoken to rudely, it turned out to be the moden. I kicked off and didn't have to pay a bill for 3 months with the credit i was awarding.

I suggest you ring and demand to speak with a manager (in a polite voice). explain the situation and inform him that if a solution is not made by the end of the call, you will be calling the bank/credit card company and reporting them as fraudulently taking the money from your account. Then mention you will go on the contact the office of fair trading due to breach of multipul legislation.

Dependant upon his reponse then explain that you have incurred substantial costs on your telephone bill due to their inability to deliver the product as well as financial penalties for taking a day off work (they won't pay for that but get it in anyway) as well as the dissapointmnt and inconvienance of having to wait so long for your order and spend so much time chasing it.

This is simply what i would do. normally works lol

pipsim

Thanks for the reply. I did manage to get a number for Dell Head Office yesterday, but when i rang to complain i was told "there is no-one you can talk to"! She said that any complaint would have to be in writing, then when i complained about that she put me through to their indian call centre again :mad:

Do you know if the threat of fraudulantly taking money has any weight in the legislation? I mean, i have effectively been charged for something that shows no sign of ever turning up. Is it worth actually ringing the OFT?

gordikin

They didn't fraudulently take your money..delivery was attempted...you just weren't in. What legislation are you asking about?

4743hudsonj

pipsim wrote: »

Thanks for the reply. I did manage to get a number for Dell Head Office yesterday, but when i rang to complain i was told "there is no-one you can talk to"! She said that any complaint would have to be in writing, then when i complained about that she put me through to their indian call centre again :mad:

Do you know if the threat of fraudulantly taking money has any weight in the legislation? I mean, i have effectively been charged for something that shows no sign of ever turning up. Is it worth actually ringing the OFT?

No it doesnt really. The fraudulant stuff is laughable and if you did state that they will have a good chuckle at you. After all you aloud them to take the money, ergo, not fraudulant.

Now to your actual rights......

Under the Distance selling regulations 2000, you have the right to cancel any online/mail/phone contract for ANY reason (unlike in the shops) even if the goods are "not wanted". This is to allow the consumer time to "examine" the goods as you would in a shop (you cant touch and see 3d images on a 2d screen). This allows you to open goods (not nesseceraly use them but maybe) and see if you want to keep them. This right of cancellation lasts for 7 working days, begining the day after you receive the goods.

As you have not even received the goods, you can cancel and claim a full refund inc P&P (they cannot charge "re-stocking fees" either). Then Simply Re-order your goods and negate this whole process of back and forth.

One thing to not though, is that if the dell is bespoke (ie engraved or custom (iirc the modifications like ram and hdd size dell give you do not count toward making the goods bespoke)) then the DSR's do not apply. Also for future reference, perishable, hygene risk and software goods are also excluded. So food, tampons:rotfl: and even your laptop could be excluded IF you turned it on and activated windows (software).

Thats about the only right you have TBH, you can't force them to hurry up unfortunately but at least its a good right to have.

Also for future use saynoto0870 is a brilliant site that allows you to enter premium rate numbers, and 95% of the time it lists a cheaper alternative local rate number. Occasionally you have to go through a switchbored but it saves £.

pipsim

Thanks for the advice - sounds like my best option is to cancel the order altogether and see what happens with my complaint letter... then buy somewhere else!

4743hudsonj

pipsim wrote: »

Thanks for the advice - sounds like my best option is to cancel the order altogether and see what happens with my complaint letter... then buy somewhere else!

I would say so.

Make sure you put your cancellation in writing (email will do).