Unpaid for laptop

gordikin

So you ordered a laptop..and you want to get out of the agreement you entered into...why didn't you say so?

Apples2

Take it this is a troll post.

Why on earth are you going to refuse delivery of it?

Do you even know what you are doing from one hour to the next?

You ordered it, you wanted to nick it but now you find out you will have to pay for it you are Going to reject it. Do you think you are mugging someone over?

Reggie80

lol.. First time I have been called a troll.

What really happened was... I had been thinking about buying a laptop and wanted something decent that I could play games on, even though I have a powerful desktop. I read some good reviews on the Alienware M11x and then while slightly drunk I ordered it and paid. I didn't have any regrets at the time but then when my money was returned into my account I thought maybe there was a problem with the order and thought, screw it, I will look for something with a better CPU. I knew at the time of ordering I was paying more because it was an Alienware.. and for the looks.

I then ordered a Sony Vaio that cost a little more but with much better specs. I thought that since there wouldn't be any money in my account, Dell wouldn't ship it and either just cancel the order or contact me. It just seemed to make sense that they won't send an expensive laptop without first getting payment.

I then got an email saying it had been shipped. It is meant to be delivered tomorrow. And so here I am.

Yes I thought that maybe there could be a chance I could keep it for free. Thanks to everyones advice here though I will be sending it back.

Apples2

Thanks for clearing that little lot up.

blue_monkey_2

You might find you have no choice, they can still bill you anyway, DSR's do not apply to custom made items and they usually cannot be declined or refused, so they can charge you for terminating the agreement (I'd have a VERY good look at their T&C).

They could just take you to small claims court for the money, or they'll get a DCA onto you which will cost you more.

I take it you have spent the money now seeing as you say you are going to refuse delivery, what has changed in the last few weeks?

And yes, someone who mentioned the money being held by the card comapny is right, it is called deferring. The retailer is allocated the money and the card issuer 'holds it' because then the retailer knows that the customer has the money to fulfill the order, then they take it when the order is fulfilled (ie. delivered) as it saves money going back and forth. It also means if there is any issue with the order the retailer has not actually taken the money and can cancel the order without hassle (usually!!). You see it alll the time over on the Grabbit board 'they have taken my money' etc... but usually the payment has just been deferred as it stops you spending the money on other stuff while that order is still outstanding.

ETA: I never saw page 2 - I see you did spend the money on something else. Depending on what you have had done to it, you might not actually be able to return it unless it is faulty. Check their T&C. Carefully. It might be an expensive drunken mistake.

blue_monkey_2

clarkey3262 wrote: »

Actually the right to cancel is within 7 days, not return within 7 days under the DSR. Also if it was done via mail, phone, not on the companies normal place of business etc then the DSR are still in effect.

DSR's do not apply to custom made items - it very much depends on what the OP has had done to the computer:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Section 3.8, page 22

clarkey3262

blue_monkey wrote: »

DSR's do not apply to custom made items - it very much depends on what the OP has had done to the computer:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Section 3.8, page 22

To quote the DSR section you mentioned

the supply of goods made to the consumer’s own specification
such as custom-made blinds or curtains. But this exception does
not apply to upgrade options such as choosing alloy wheels when
buying a car; or opting for add-on memory or choosing a
combination of standard-off-the shelf components when ordering
a PC, for example

So unless the Op has hod something pretty major customised then the DSR do apply as all they have had done is added extra off the shelf components which can be removed anyway.

PZH

clarkey3262 wrote: »

So unless the Op has hod something pretty major customised then the DSR do apply as all they have had done is added extra off the shelf components which can be removed anyway.

So what would happen to any licensed software that has been loaded ?

dan_l

phoodless wrote: »

So what would happen to any licensed software that has been loaded ?

It's unlikely anything would have been activated so I can't see that being an issue. Dell will have used their volume license key for the windows installation so that doesn't require activating anyway.

blue_monkey_2

Which is why I said - in both posts - it depends on what he has had done to the computer. He has not told us that and this is why he needs to read the T&C thoroughly.