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Dell - Can I take them to the small claims court?
Comments
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It would?
I don't think so...If I used my company credit card its in my name, so how would Dell know that its a business card?
I am well aware why people order from the SMB site, which is why I indicated the dummy company name previously, I didn't question that, again you've joined dot one and two and got five.
If you read the terms of a SMB site purchase they detail your rights.
Now back to the OP, they need to ask Dell about why its applying a company name in the back end when all invoices and indeed the section of the site it was purchased through do not allow company details to be entered.
a business card for a sole trader whould be myname T/A my company, also the card number of the card would signify a business account to Dells payment provider.
the fact still stands he used a business acount with dell and used his business card to make payment, so hows this Dells fault that they classed the transaction as a business transaction. It would show in his business bank statement as a business transaction so therefore it is a business transaction in the eyes of HMRC and his bank.0 -
they arent different sites, they are just different pages giving different offers, usually with more robust systems on the business pages
Dell call them as different sites. They have all business pages to which you refer residing in a business directory on the server.
They are not more robust than a home product, they are more focused on product need and cost, for example an assistant to a MD needs a machine that does mail and spreadsheets, video playback and photo viewing wouldn't be top of the need list - implying they are more robust is nothing more than made up.a business card for a sole trader whould be myname T/A my company, also the card number of the card would signify a business account to Dells payment provider.
the fact still stands he used a business acount with dell and used his business card to make payment, so hows this Dells fault that they classed the transaction as a business transaction. It would show in his business bank statement as a business transaction so therefore it is a business transaction in the eyes of HMRC and his bank.
No it isn't and again, who mentioned sole trader? I have an AMEX business card, in my name, nothing on it indicates who I work for or how. If the method of payment would indicate the terms of sales the buyer is bound by that would be an absolute minefield, retail and tax man. Can you provide proof of this ability to link a card number to it being a business transaction?
You seem to think that the method of payment dictates the buyers rights, which is more than just a little far fetched.
The OP bought an item off the home site, using the login details he had with Dell already. Those login details do not give the op the choice as to what type of purchase he is making, therefore if the OP purchases from the Home site, where no company name is possible then to Dell this should be a home transaction. If it was a business transaction then the OP could submit the invoice as a business transaction in his tax return and receive the appropriate benefit which applies.
You seem to be failing to read what the OP is saying. The invoice he has, doesn't say his company name. The emails he has doesn't say his company name. When the OP has gone to exercise his right to return as it is a personal purchase it is only then that Dell has accused him of being a business.
Dell are right, he is a business, but the purchase was not for his business and the OP is not claiming VAT/Tax relief on the purchase.
Therefore, the OP in entitled to return the purchase to Dell under the DSR's.0 -
i have several business cards and the all are myname t/a my business also the card number isa linked to a business account managed by the banks busiess banking service. any purchase on a business account WILL show up on the business bank stantements and classed as a business purchase, just ask an accountant and HMRC. it will show up to dells bank under the business name on the card as this is the account used.Dell call them as different sites. They have all business pages to which you refer residing in a business directory on the server.
They are not more robust than a home product, they are more focused on product need and cost, for example an assistant to a MD needs a machine that does mail and spreadsheets, video playback and photo viewing wouldn't be top of the need list - implying they are more robust is nothing more than made up.
o it isn't and again, who mentioned sole trader? I have an AMEX business card, in my name, nothing on it indicates who I work for or how. If the method of payment would indicate the terms of sales the buyer is bound by that would be an absolute minefield, retail and tax man. Can you provide proof of this ability to link a card number to it being a business transaction?
You seem to think that the method of payment dictates the buyers rights, which is more than just a little far fetched.
The OP bought an item off the home site, using the login details he had with Dell already. Those login details do not give the op the choice as to what type of purchase he is making, therefore if the OP purchases from the Home site, where no company name is possible then to Dell this should be a home transaction. If it was a business transaction then the OP could submit the invoice as a business transaction in his tax return and receive the appropriate benefit which applies.
You seem to be failing to read what the OP is saying. The invoice he has, doesn't say his company name. The emails he has doesn't say his company name. When the OP has gone to exercise his right to return as it is a personal purchase it is only then that Dell has accused him of being a business.
Dell are right, he is a business, but the purchase was not for his business and the OP is not claiming VAT/Tax relief on the purchase.
Therefore, the OP in entitled to return the purchase to Dell under the DSR's.0 -
i have several business cards and the all are myname t/a my business also the card number isa linked to a business account managed by the banks busiess banking service. any purchase on a business account WILL show up on the business bank stantements and classed as a business purchase, just ask an accountant and HMRC. it will show up to dells bank under the business name on the card as this is the account used.
I don't have it on my cards. My point, what you experience isn't always right.
Of course if you buy on your business card it will show on your business statement. Thats the whole point - but do you have to submit that as a business expense? No of course not.
In the same way a fuel card allows a company car owner to fill the car with petrol/diesel, yet you have to credit back the personal mileage.
Just because you spend on a business card does not make it a business purchase.
Dell take the name you give them on the card when you purchase, they do not obtain the name from the bank or merchant, but merely validate the name entered by the person making the order passes through AVS/Mastercard/Visa secure.
Lets have less personal opinion and more fact please!0 -
i have several business cards and the all are myname t/a my business also the card number isa linked to a business account managed by the banks busiess banking service. any purchase on a business account WILL show up on the business bank stantements and classed as a business purchase, just ask an accountant and HMRC. it will show up to dells bank under the business name on the card as this is the account used.
This isn't right in my view, HMRC will not define spending as a "business purchase" because it was bought on a company credit card. Indeed in some cases they will do their very best to claim that items were not purchased in the course of business. What they do require is that records are made of what purchases do and don't relate to the business, see the HMRC's 'Private and Personal Expenditure Toolkit'.
With regards to Dell, I agree with visidigi, there is nothing in my view which doesn't entitle the OP to a return under the Distance Selling Regulations. I'd send a letter before action noting your intentions and asking for a specific remedy, and then take action in the small claims court if you want.0 -
Thanks a lot
I just checked the card it was not my business card its personal card
that's good news
also the company name I've given is short name so its not even my original company name i can argue
I send email to claire_vyaan....
will send letter if don't receive reply and take action in a week
Once again thanks a lot everyoneThis isn't right in my view, HMRC will not define spending as a "business purchase" because it was bought on a company credit card. Indeed in some cases they will do their very best to claim that items were not purchased in the course of business. What they do require is that records are made of what purchases do and don't relate to the business, see the HMRC's 'Private and Personal Expenditure Toolkit'.
With regards to Dell, I agree with visidigi, there is nothing in my view which doesn't entitle the OP to a return under the Distance Selling Regulations. I'd send a letter before action noting your intentions and asking for a specific remedy, and then take action in the small claims court if you want.0 -
Hmmm.. wonder what Railbuff did to be PPR'd?0
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I have no idea, either the 42+ a day posts, or given his overflowing CEO email addresses he might have been covering for a previously banned user?0
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