Dell. Unauthorized charge of £1,600

Irving7

In August, last year, I had purchased a laptop from the Dell outlet website. It arrived to me with a defect component. After Dell sent out an engineer to find out what the problem was the engineer had concluded nothing was wrong. Months of on going talks with Dell technical support team led me to try different approaches to fix the problem. All to no avail. In this time Dell were denying anything was wrong, until I had requested an engineer to again conduct a test. This time a more conclusive test had been carried out and the engineer agreed there was something wrong with the computer. After replacing almost everything they had agreed to refund me and offer me a 10% discount on my next purchase to compensate for the time lost.

December 28th, 2012. I purchased another laptop from the Dell outlet website. It appeared that everything was running smoothly, until after several days I couldn't see the order progressing. Soon after, Dell had cancelled the order (confirmed) due to my bank not releasing the money for security reasons. About 2 weeks later, on the 8th of Jan, Dell had made a new order without my knowledge, and soon after charged my account, again without my knowledge. I found out, very inconveniently, when my card got declined after needing to buy some groceries. I checked my statement online and I could see Dell had charged my account causing me to go well into my overdraft. I tried sorting the situation out with both my bank and Dell. Dell would not refund me until I had signed and received the laptop they had sent out. I would then need to arrange for a collection so it could be sent back. The computer never came. After a week Halifax had refunded me through visa chargeback. However, they had asked me to sign some forms to involve the police. I wouldn't have minded that, but at the end of the forms it mentioned the police would not let me know the outcome of the investigation. Therefore, because I wouldn't receive any compensation from the losses occurred from Dell I have decided it would be best to pursue Dell in the small claims court instead. I have asked for a full refund from Dell as the visa chargeback that the bank gave me will be taken back out within the next day or so. They have refused to give me a refund. All they have offered is 5% discount on my next purchase, which I find offensive seeing that they had owed me a 10% discount on my last experience, which didn't caused me nearly as much trouble as this one has. I also have only 15 days to redeem that discount, and it can't be used in conjunction with the 10% discount I was promised last time.

To summarize:

• They have got the computer in their possession
• They have refused to refund me
• Went a week without affording anything
• Relied on parents to accommodate me
• After a week of not being able to afford anything I relied on my father to lend me £1000 to take me out of debt
• Embarrasment and humiliation having card declined at checkout and asking father for money
• Interest fees have occurred as a result of being in overdraft
• Became ill from all the stress and needed to take a day off work
• Spent 10s of hours on the phone trying to sort this situation out
• They made 2 new contracts (08/01/13 and 01/02/13) without me acknowledging it or agreeing to it, and making an unauthorized charge on my account to cause me to go well into my overdraft.

When filling out the small claims form, I am wanting to receive a full refund (£1,599.70) + compensation for the losses I have occurred. Stress, inconvenience, duration of time it took to resolve this matter, humiliation and a breach of contract on two separate occasions. Adding on top, my previous experience with Dell, and the promised 10% refund on next purchase.

Ideally, the total I want would be a full refund + the laptop, or of similar specification as compensation. If not, the value of the laptop on top of a full refund. Am I sounding over enthusiastic?

gb12345

Irving7 wrote: »

When filling out the small claims form, I am wanting to receive a full refund (£1,599.70) + compensation for the losses I have occurred. Stress, inconvenience, duration of time it took to resolve this matter, humiliation and a breach of contract on two separate occasions. Adding on top, my previous experience with Dell, and the promised 10% refund on next purchase.

Small claims will only consider monetary losses, you can't claim compensation for stress, inconvenience or any of the other factors you have listed.

mattyprice4004

The laptop for free AND the refund? That has to be a joke surely?

You can only claim for quantifiable losses. You won't get a free laptop as well as a refund!

Tomby1

In my experience with Dell, I've always found them to be very reasonable and have resolved any issues I've had promptly.

Just contact them to arrange a new delivery date, ask to make a complaint and say you'd like refund for the cost of your phone calls to them. They'll likely afford you that and give you a small discount/amount of vouchers.

terra_ferma

mattyprice4004 wrote: »

The laptop for free AND the refund? That has to be a joke surely?

You can only claim for quantifiable losses. You won't get a free laptop as well as a refund!

I find it really odd that the OP refused to sign a form because it mentioned the police, having the initial chargeback reversed and deciding to go to court instead. Greed? People have commented that judges don't like time wasters who have not tried to resolve the issue before going to court, so it would be interesting to see how they wold react to someone who turned down a full refund in order to get compensation....

somethingcorporate

No way, sorry you're a chancer.

Is it really that bad to have your card declined? I was in a restaurant a couple of weeks back with a group of friends and my card was declined in front of some of my oldest and dearest friends. I pulled out some cash and paid with that instead. The reason for the decline? poor signal for the machine. I was not embarrassed or stressed by it - that's life.

Seriously, if something like this causes you so many problems and stress I really wish I had your life.

Just take your refund and a bit extra for the expenses you incurred and get on with your life. Expecting the refund and the laptop is actually a joke.

CoolHotCold

terra_ferma wrote: »

I find it really odd that the OP refused to sign a form because it mentioned the police, having the initial chargeback reversed and deciding to go to court instead. Greed? People have commented that judges don't like time wasters who have not tried to resolve the issue before going to court, so it would be interesting to see how they wold react to someone who turned down a full refund in order to get compensation....

Well I can't see how the OP has any chance personally, especially as the responsbility is on the consumer to minimise any losses, the fact the OP decided to induce more loss and stress by declining the visa chargeback would be laughed out of court by the Judge.


I could go on and insult further, but in the off chance this isn't a windup go with the Visa chargeback.

Irving7

You find it odd, I'm wanting to be reimbursed for my losses for a breach of contract and refusing to give me a refund? So you would walk away with your losses unaccounted for. Haha you're funny :doh: ...moving on....

So maybe a laptop on top is being a bit too optimistic, but I was only given a refund from the bank. None of my other losses were accounted for, so use a brain and go figure why i wouldnt just sign the forms.

The card getting declined when you don't have any cash and you've scanned all your items with people waiting behind you is indeed embarrasing :doh:

I've been in talks with Dell's executive support team so all other options have been exhausted.

Please people, only constructive responses...

CoolHotCold

Ok heres constructive.

As it was a unauthorised transaction the visacharge back should of given your money back and also canceled out any overdraft charges.

Move On.

MisterBrico

Simple answer no opinions:

Contract breached
Bank offered charge back putting you in original position
Case closed

If the contract was breached and you could have been put back in your original position (No computer + Moneys you paid for it) case closed.

I hope this qualifies and useful

terra_ferma

Irving7 wrote: »

You find it odd, I'm wanting to be reimbursed for my losses for a breach of contract and refusing to give me a refund? So you would walk away with your losses unaccounted for. Haha you're funny :doh: ...moving on....

So maybe a laptop on top is being a bit too optimistic, but I was only given a refund from the bank. None of my other losses were accounted for, so use a brain and go figure why i wouldnt just sign the forms.

The card getting declined when you don't have any cash and you've scanned all your items with people waiting behind you is indeed embarrasing :doh:

I've been in talks with Dell's executive support team so all other options have been exhausted.

Please people, only constructive responses...

maybe you need to be more specific about your losses: any overdraft fees/interests, charges for declined direct debit etc are losses and you are right to want Dell to cover them (being put back in the initial position), if your bank won't help.
However the embarrassment and inconvenience are not losses.

So if you say that you want Dell to reimburse the amount you lost, they would be more likely to agree than asking for a free computer.