dell - can i take them to the small claims court?

boltonangel

We bought a Dell Inspiron 1750 back in Sept 09.

At the end of Feb the hard drive went so I rang Dell who arranged a repair and collected the system a few days later.

A week later I contacted them and was told the laptop was ready and that someone would ring me the next day to arrange delivery back to me.

That night I received a voicemail abrubtly telling me to answer my phone as my system needed returning.

This is such a long story that I am going to cut it very short!

Basically since that date I have been ringing Dell everyday on 0870 numbers and each time I have either been told to wait in the following day because it WILL be delivered back to me or that the system has been 'misplaced' by dell. The latest is that dell never actually received the sytem from the courier and that i will get a new system.

I have asked for addresses and numbers to complain to but keep being given made up telephone numbers!

I went into pcworld last week and got a number for dell head office but they can only get complaints to callback and can't put you through to them apparently.

The next day someone rang me back and explained that I would be getting a new system. I asked when and he said that he would ring me back in a few days to discuss my requirements, i asked why that was necessary as i just want what i had before and he explained that this is the only way of doing it.

I then asked for compensation for the fact that my laptop was lost, that I had spent 2 days waiting in for it to be returned when it was in fact lost, numerous phonecalls and the fact that I have been without a system for 5 weeks now!

he refused saying dell didn't have any responsibility and the replacement laptop was a good will gesture.

I still haven't received a return phonecall from them so still have no laptop and no way of contacting complaints unless they ring me!!!!

is there anyway I can take this matter to the small claims court. I am really stressed and angry with this situation and don't know where to go from here.:mad:

bingo_bango

Of course you can, but what would you be seeking as a remedy in the court?
And why? Dell are going to replace the laptop for you, they just haven't done so in a reasonable time. Yet.

I'm not disagreeing with you that this is a wholly inadequate response from Dell, It's just that court action would really depend on what you wanted from them.

boltonangel

Hi, thanks.

I don't really know what I'm looking for from them really but I'm getting nowhere fast.

I can't buy a new laptop from somewhere else because I will be getting a replacement from dell......eventually!

It was a newish laptop to begin with so them offering me a new one isn't that much of an offer considering the problems they have caused and that it has taken 5 weeks up until now and will take longer.

Equaliser123

Did you originally buy the item from Dell?

Yes you can go to Court. However, you need to think about who you are goign to sue. Dell is an overseas business with an office in the UK (Bracknell). If it is not the UK company that sold and subsequently lost the item, then you have a problem using the Small Claims Court.

As bingo says, you will need to think about what the remedy is. If it is for a lost item, then you may only claim for the value of the item pre-loss.

I think you are better off waiting for the replacement.

cyberbob

You can take whoever you like to court. Winning is another thing though. As they have offered a replacement your only complaint is the amount of time this is taking. You have phone numbers for dell (yes I know not the direct one) but they will have a record of you and should be able to get put through to the right people. Phone them and try and sort it out

boltonangel

I have tried ringing them, everyday for the past 3 weeks and twice a week before that!

they do not read the notes and will not take ownership of any problems.

I am now being 'looked after' by their complaints department but they do not give you any contact numbers as it is entirely outbound calls apparantly so I simply can't call them to sort this matter out!!!!!!

bingo_bango

boltonangel wrote: »

Hi, thanks.

I don't really know what I'm looking for from them really but I'm getting nowhere fast.

I can't buy a new laptop from somewhere else because I will be getting a replacement from dell......eventually!

It was a newish laptop to begin with so them offering me a new one isn't that much of an offer considering the problems they have caused and that it has taken 5 weeks up until now and will take longer.

I thought that might be the reason. I'm afraid SCC wouldn't really be any quicker. As pointed out by Equaliser also, they are not based in the UK, so you would have extra costs for an EU summons.

I would go with bob's suggestion that you ring them constantly and torture them. Might be enough to have someone in head office get annoyed sufficiently to actually go and sort it out for you.

Short of someone providing an email for Michael Dell, I think you are going to have to wait on them sorting this out.

Optimist

Try escalating on their web site

Its the US site but it has been known to work previously for UK issues after all as it says their customers are top priority at Dell.

Unresolved Customer Service Issues

wealdroam

So there is nothing written down then?

If I were you I would write everything that has happened in a letter. A real letter, not email. Also in the letter remind them what they have promised you. Suggest that if they don't supply the replacement in 14 days you will seek a legal remedy.
Send it recorded delivery.

They have lost your goods. They owe you a replacement.

Equaliser123

wealdroam wrote: »

So there is nothing written down then?

If I were you I would write everything that has happened in a letter. A real letter, not email. Also in the letter remind them what they have promised you. Suggest that if they don't supply the replacement in 14 days you will seek a legal remedy.
Send it recorded delivery.

They have lost your goods. They owe you a replacement.

You can't just say that you will seek a legal remedy. The OP has to determine what it is they actually want to claim for.