Return never collected, over 2 years. Now say they want to collect?

Boohoo

Mark31 wrote: »

It wasn't Debenhams, it was directly with Dell. They dealt with it for me.

It maybe me that got Debenhams as the wrong shop but i saw Debenhams in you thread about a duff £450 monitor.
Here is a link to your thread that you started about the duff nonitor.
https://forums.moneysavingexpert.com/discussion/5529136/dell-and-their-warranties

Mark31

Boohoo wrote: »

It maybe me that got Debenhams as the wrong shop but i saw Debenhams in you thread about a duff £450 monitor.
Here is a link to your thread that you started about the duff nonitor.
https://forums.moneysavingexpert.com/discussion/5529136/dell-and-their-warranties

Edited awaiting further info

Jumblebumble

Mark31 wrote: »

It didn't work, it had multiple faults. It was 2 years old and Dell don't even sell this version now. It was a 3rd revision of the monitor and the monitor is now on it's 8th revision.

Did I dump a faulty, non working, 2 year old monitor? I did...

This is very strange as it seems totally at odds with Dell's normatl procedures ( I know because I have a lot of experience with Dell warrantys)
Normally they deliver a replacement and send a courier next day or two. if they cannot collect they come twice more and then give up and they leave notices
Observations
Emails prove nothing and can easily be spoofed.
Anyone saying otherwise does not understand how emails work
Opinions that you must pay the full price or that you cannot claim storage are worthless as no one can possibly know what the District Judge will decide in a case
Anyone saying otherwise does not have much experience of the small claims court procedure
Possible actions
As you have decided that you will keep the monitor and Dell are behaving totally unreasonably you could
Do nothing and wait fo a LBA
If a LBA coms then do a SAR so you can see exactly what Dell did or did not do regarding collection.
Tell Dell that if they attempt to sue you you will counterclaim for the storage and for the fact that they will not now honour the warranty with respect to your latest monitor
You could also suggest that you will call Debenhams as a co defendant
This all assumes you are like me and enjoy trying to take down companies who behave in totally unreasonable manners

powerful_Rogue

Jumblebumble wrote: »

This is very strange as it seems totally at odds with Dell's normatl procedures ( I know because I have a lot of experience with Dell warrantys)
Normally they deliver a replacement and send a courier next day or two. if they cannot collect they come twice more and then give up and they leave notices
Observations
Emails prove nothing and can easily be spoofed.
Anyone saying otherwise does not understand how emails work
Opinions that you must pay the full price or that you cannot claim storage are worthless as no one can possibly know what the District Judge will decide in a case
Anyone saying otherwise does not have much experience of the small claims court procedure
Possible actions
As you have decided that you will keep the monitor and Dell are behaving totally unreasonably you could
Do nothing and wait fo a LBA
If a LBA coms then do a SAR so you can see exactly what Dell did or did not do regarding collection.
Tell Dell that if they attempt to sue you you will counterclaim for the storage and for the fact that they will not now honour the warranty with respect to your latest monitor
You could also suggest that you will call Debenhams as a co defendant
This all assumes you are like me and enjoy trying to take down companies who behave in totally unreasonable manners

What nonsense. You can't claim for storage. This in itself highlights how inaccuate your post is.

Jumblebumble

powerful_Rogue wrote: »

What nonsense. You can't claim for storage. This in itself highlights how inaccuate your post is.

I am pleased you are so confident that you know for sure what a District Judge would or would not allow.
As District Judges are allowed to do pretty much what they want and do not need to respect precident
I do not share your confident assertions.
(As an example in a court case I was personally involved in the District Judge cheerfully allowed the evidence of a "without prejudice" offer as an admission of responsibility)
If I asked you before hand what would a DJ do if this without prejudice offer was bought up what would have been your advice?

JumbleBumble

DoaM

Jumblebumble wrote: »

As District Judges are allowed to do pretty much what they want and do not need to respect precident

If the precedent is set by a higher court then they very much DO need to respect it, as that defines how the law should be interpreted. Rulings decreed by the same level court do not need to be followed but may be considered persuasive.

Carrot007

Mark31 wrote: »

TI had access to that work email for 22 months after non collection. Don't assume I was breaking some sort of company policy by using the work email, I wasn't. There is some serious nudging going in here for a simple case. All these tiny points being bought up are irrelevant to the question I have asked.

I was not assuming. I was saying it is is some places and that your case shows why it is silly to use a company email you can lose access to for personal business. I would have taken my personal emails with me when I left though if I needed to.


The no nquestion answering talk is revelant to you it shopws background and things that could come up if it all goes wrong for you (which I do think unlikely).

Mark31 wrote: »

They had not contacted me in nearly 2 years and also have my phone numbers and address so wouldn't have been hard to get hold of me.

Likewise it was not hard for you to contact them. Maybe they used you old email you could not access.

Mark31 wrote: »

If a company fail to collect on the date they gave me and have not been in touch in 2 years to arrange collection why am I being persecuted? They sent the faulty monitor, didn't collect when they said it would and didn't respond to my via email twice. Never contacted me in over 2 years. Surely the company is at fault here? I kept the monitor in good faith, safely for 14-15 months.

No persecution! Just advising you it was the wrong thing to do in law. They would not be at fault it they left it five years and eleven months. Harsh yes, but at fault no. And 2 emails? I cannot belive you still think that is reaonable. I would have sent real letters. Two copies (one signed) telling them of my plans to dispose unless they sorted something out, well an email first but real mail with POP if no reply.




I hope it works out for you. despite your errors you have a pretty good chance.

Boohoo

Boohoo wrote: »

It maybe me that got Debenhams as the wrong shop but i saw Debenhams in you thread about a duff £450 monitor.
Here is a link to your thread that you started about the duff nonitor.
https://forums.moneysavingexpert.com/discussion/5529136/dell-and-their-warranties

The OP did reply to my post No.32 i think but the OP has edited it and replaced with awaiting further info.


The reply to my post was that it was Debenhams Plus was where the monitor was bought from and the OP didn't get anywhere with Debenhams Plus so went direct to Dell(if i recall the post correctly).


I don't think the OP has told MSE forum who is asking for the monitor back as there are 2 companies involved, if the OP has mentioned this then i am sorry.

powerful_Rogue

Jumblebumble wrote: »

I am pleased you are so confident that you know for sure what a District Judge would or would not allow.
As District Judges are allowed to do pretty much what they want and do not need to respect precident
I do not share your confident assertions.
(As an example in a court case I was personally involved in the District Judge cheerfully allowed the evidence of a "without prejudice" offer as an admission of responsibility)
If I asked you before hand what would a DJ do if this without prejudice offer was bought up what would have been your advice?

JumbleBumble

Where would the contract and charges agreed for storage be?

Mark31

Ok as further information, yes it was Debenhams initially but Dell took ownership of the case when I contacted them explaining Debenhams would want to test the monitor before sending a new one and this would leave me with no monitor for that period.

In fairness to Dell they offered to send me a new one which they did, they just never collected the old one and whilst I did send the 2 emails, I assumed 2 emails, no contact from Dell in over 12 months and I did have access to the email in that time then they were not interested in collecting but thats the problem with assuming I guess.

Now further information, I have made an offer to Dell saying as the monitor is well over 2 years old, it is a revision A03 and they now make A08 versions, the screen will need replacing and the HDMI port will also need replacing that if they void any warranty on it so I cannot claim (for their protection) would they be interested in selling it to me at a reduced rate (as I no longer have it seemingly). I have made that offer and am awaiting their reply,

I honestly think at this point it will cost them more than it is worth to collect and repair, I think they will scrap it due to age.

Additionally. Here is the kicker... I have bought many monitors over the last few years and had a few with quality issues. Along with many other computer parts as I build custom PC's. I am checking storage tomorrow as I have a unit and it is possible the discarded monitor was not actually this one and it is secure. I have had my memory jogged a little by my partner, there is a huge amount to remember with all these parts from over 2 years ago to be honest!