Dell Claim Laptop not Returned

Elaniel

Hello,

I bought a laptop from Dell which I was not happy about and customer services were fine for it to be returned for a refund. DPD picked the laptop up last Wednesday and the customer service agent who arranged the return called to confirm it had been picked up. Then on Friday I received another call confirming that the laptop had been returned and my refund would be processed in 2-5 working days.

Today I receive a call from another customer service rep telling me they are arranging pick-up of my laptop for next week. I explained that it had already been returned and I had been told a refund had been processed. She then tells me that the laptop had not been received and that no refund had even been processed.

She told me I would be called back in the next few days about this, which I'm not happy about waiting as the money is sitting on my credit card and I had expected the refund to go through this week. As far as I'm concerned I have fulfilled my contract by handing the laptop over to the courier (I even have a receipt to confirm they have collected it). Surely Dell should refund me regardless while they look into it and not when they have investigated as to where the laptop is.

Am I right in thinking this, or do I have to wait?

T_T_2

Under the Distance Selling Regulations (DSR) they are required to issue a refund as soon as possible but they have up to 30 days in which to do this.

CoolHotCold

T_T is right, Under the DSR, once you have confirmed in writing (a durable medium such as email is enough) that you wish to return the items, the retailer has 30 days to refund regardless of damage to the unit or not receiving the unit back.

The retailer can of course take further action if you damaged it yourself or did not take reasonable care while it was in your possesion, but it won't go that far in your case. Dell's a large organization, sometimes theres a delay in processing items or things get done out of sync. You shouldn't have any further issues.

Elaniel

Problem is they stated that the courier does not have the item. So I'm not sure what to think as I was confirmed to on Friday they had it back at Dell, so something's amiss.

T_T_2

Elaniel wrote: »

Problem is they stated that the courier does not have the item. So I'm not sure what to think as I was confirmed to on Friday they had it back at Dell, so something's amiss.

And this is where CoolHotCold's comments are important. It doesn't matter where the laptop is at this stage. If you rejected the item (which you did) and made it available to be collected (which you did) then that is all you are obliged to do under the DSR.

At this point I would send them another email with a recap of the timeline of things how you see them. Then at the end identify to them the date on which you rejected the item, count 30 days later and identify that as the date by which you expect to have the funds in your account at the absolute latest under the requirements of the DSR.

Esqui

Read some of the stuff in the broken TV thread around here - Dell must refund you within 30 days. If not, they are in breach of the DSRs, whether or not they have received the item back from you. If they have not received it, they can take action against you to recover the loss, but you will probably be able to swat that away quite easily (do you still have proof of collection from DPD? Job done!)

Elaniel

I do still have the confirmation.

Googlies_2

Strange responses, we dont know if the laptop has been returned under the Distance Selling Regulations, Sale of Goods Act, Dells T&C etc.

easyhost

Elaniel wrote: »

Hello,

I bought a laptop from Dell which I was not happy about and customer services were fine for it to be returned for a refund. DPD picked the laptop up last Wednesday and the customer service agent who arranged the return called to confirm it had been picked up. Then on Friday I received another call confirming that the laptop had been returned and my refund would be processed in 2-5 working days.

Today I receive a call from another customer service rep telling me they are arranging pick-up of my laptop for next week. I explained that it had already been returned and I had been told a refund had been processed. She then tells me that the laptop had not been received and that no refund had even been processed.

She told me I would be called back in the next few days about this, which I'm not happy about waiting as the money is sitting on my credit card and I had expected the refund to go through this week. As far as I'm concerned I have fulfilled my contract by handing the laptop over to the courier (I even have a receipt to confirm they have collected it). Surely Dell should refund me regardless while they look into it and not when they have investigated as to where the laptop is.

Am I right in thinking this, or do I have to wait?

i assume the DPD document you have will have a consignment number on this, if so goto their site http://www.dpd.co.uk/ and at the top right hand corner thier is a box to add the tracking number, use this to see where the item is currently.