External 250GB hard drive £23.86 from Dell

iamcornholio

OK here is the deal.

The concept of "invitation to treat" and contract foamation has been discussed. Basically it all turns on if a contract was formed - this would rely on the third part of contract formation - the "consideration" ie the payment of money for the HD.

It can be argued till the cows come home if a contract existed and whether Dell can change their terms, or even if the terms are unfair.

But the bottom line is what are your losses as a result of Dell renaging on the deal? In most cases none, or very little.

No-one can force Dell to provide the item or another in its place. The only option available to those who feel that Dell have breached any contract they may have had, would be to sue Dell for compensation - ie their losses (if any)

There is a concept of "loss of bargain" whereby if you are put at a loss as a result of Dell breaching their contract, then you can sue for this - but you would have to prove those losses - not just say, "well I wanted to sell 50 on ebay"

At the end of the day, everyone has little if any loss, and so proving whether a contract existed or not for £24 is, I would suggest, not worth the effort.

Move on everyone

sevlow

I ordered on 14/08 and received acknowledgement/confirmation/change of ship date and then cancellation.

Just emailed Delll marking my message "Customer Complaint" and asking what their process is for managing complaints as I intend to follow it.


lets see!

Farway

FleetwoodMac wrote: »

Got the e-mail this morning saying cancelled, just got one now to say it will be del. on the 28th instead of the 21st!? I ordered 1 on the 14th (evening).

Seems Dell left & right hand are not talking, I have just had the second mail this afternoon, sent 17.00 with 28th delivery date, having had the oops we got it wrong one this morning

I shall not be losing any sleep over it, if it arrives fine, if not then IMO my life is too short to worry about things like this

phanco

Farway wrote: »

Seems Dell left & right hand are not talking, I have just had the second mail this afternoon, sent 17.00 with 28th delivery date, having had the oops we got it wrong one this morning

I shall not be losing any sleep over it, if it arrives fine, if not then IMO my life is too short to worry about things like this

me too - one order cancelled, one not yet cancelled, and jst had a single email with both orders on it appologising for the delay and giving a new ship date of 28/08 !

Odd_Fellow

iamcornholio wrote: »

OK here is the deal.

edit.....

At the end of the day, everyone has little if any loss, and so proving whether a contract existed or not for £24 is, I would suggest, not worth the effort.

Move on everyone

Whilst I agree with this, to do nothing is giving the message to Dell that it's OK to !!!!!! people about like this with impunity - we need to send the message that it is not OK.

It's probably not too difficult to prove that a contract existed as Dell's own T&C says is exists upon recipt of an order confirmation. Therefore, loss of bargain is a reasonable claim. What's more difficult to claim is an amount of damages, but it would be reasonable to take the average selling price of comparative products from a selection of sources and put in a claim. The damages ought to amount to the difference between Dell's price and the (assumed) increased price elsewhere. It may only amount to £20, but that's what Dell is (IMHO) liable for.

lumpy_bum

iamcornholio wrote: »

Move on everyone

thats entirely up to the consumer:p
these boards are about making the most of your pennies so why be mean when we try and do that??


also

the bloke on the phone told me that the company that they get them from is bringing another one thats more or less the same, didnt mention cost but said they would honour mine.;)

Alfie_E

At this point, I feel I should wheel out Mistakes In Online Transactions – The Lessons to be Learned from Kodak at the Faculty of Law, University of Cambridge. Read. Inwardly digest. Write letter of complaint.

What I want to know is how, in 29 minutes in my case, it can go from “The original estimated Delivery Date has changed because of a delay with our suppliers - however we are working to complete your order as quickly as possible.” to “We are very sorry – we've had an error in our systems, and the product you thought you were ordering was wrongly described on our website.”

Micky

Ultimately, these issues need to be settled in county court, and I don't think anyone in full time employment can be rsd to through that rigmarole for a lost opportunity of a few ££££££s....

Ivan_Konstantinov

just for fun,can we start a petition on the No.10 website that the consumers secretary of state takes action against Dell and others who promise and don't deliver?i'd do it myself but don't know how :j

matte_3

FelOn wrote: »

So no show with these HDD's. There goes my late summer holiday. I ordered 50 to sell on ebay for £40 each!! :mad:

You shouldn't be so greedy then should you!!:p

And I hope all those that advertised them already on eBay get lots of negative feedback.