Laptop gone missing on return to Dell

arsenalboy

I purchased an £800 laptop online direct from Dell.

Upon receipt decided the laptop was not what I wanted and returned it under 14 day distance selling rule.

Dell appointed DPD for the return and I received DPD return labels with a Dell  logo and return address and a parcel number on the label.

Took it to a DPD drop off point and got a receipt with a tracking code.

A couple of days later I got an email from DPD, on behalf of Dell, saying that the laptop was back with Dell. A link in the email gave the name of an individual who signed for it and the exact time it was signed for, it also confirmed the delivery address.

No problems I thought until I realised  my online account with Dell was showing it still to be received.

I have been in contact with Dell on 5 occasions over the last week but they say it has not been returned. I have provided them with all the evidence but all they keep telling me is they are in contact with DPD.

I have since discovered that the return name and address is a logistics company acting on behalf of Dell.

I want to understand my rights before I push it further with Dell.

If I have returned it to the address on the Dell return label, and have received confirmation that it was delivered there, then presumably if it has been “lost” or gone “walkies”, then this is an issue between Dell and its logistics company and I should not be dragged into it?

Would welcome views on this please.

 

Manxman_in_exile

Assuming the contract was subject to UK law, try pointing the law out to them:

"Reimbursement by trader in the event of withdrawal or cancellation

34.—(1) The trader must reimburse all payments... received from the consumer...

... (4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back"  [my bold]

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(Others may disagree...)

Alderbank

 Today the OP said:

'...I realised  my online account with Dell was showing it still to be received. I have been in contact with Dell on 5 occasions over the last week but they say it has not been returned. I have provided them with all the evidence...'

I took that as the day on which the consumer supplied evidence of having sent the goods back was a week ago or less, so the 14 day clock still has a week or so left to run?

Although s34 sets strict times by which the trader must reimburse all payments, it doesn't seem to impose any effective penalty for non-compliance.

arsenalboy

Alderbank said:

 Today the OP said:

'...I realised  my online account with Dell was showing it still to be received. I have been in contact with Dell on 5 occasions over the last week but they say it has not been returned. I have provided them with all the evidence...'

I took that as the day on which the consumer supplied evidence of having sent the goods back was a week ago or less, so the 14 day clock still has a week or so left to run?

Although s34 sets strict times by which the trader must reimburse all payments, it doesn't seem to impose any effective penalty for non-compliance.

Okay, not sure which timeline sets in! The dates are as follows

Thurs 6th April laptop received.
Fri 14th April informed Dell I wanted to return laptop
return labels not given to me until Weds 19th
Thurs 20th I have receipt from DPD that they have accepted consignment
Tues 25th laptop signed for as received
Thurs 27th told Dell they had the laptop back

ever since then I have been providing Dell with evidence that it has been signed for.

tightauldgit

So they've had it 3 working days? I wouldn't be going full scale loco just yet. 

arsenalboy

tightauldgit said:

So they've had it 3 working days? I wouldn't be going full scale loco just yet. 

No the problem is they are saying it has not been received even though all the tracking confirms they have. That is why I am asking what my options are. Not sure how to proceed as I am hitting a brick wall?

Manxman_in_exile

arsenalboy said:

tightauldgit said:

So they've had it 3 working days? I wouldn't be going full scale loco just yet. 

No the problem is they are saying it has not been received even though all the tracking confirms they have. That is why I am asking what my options are. Not sure how to proceed as I am hitting a brick wall?

The law says they have up to 14 days after they receive the laptop back or, if earlier, up to 14 days after you provide evidence that you sent it back, in which to refund you.

If they don't refund you within either of those timeframes, remind them of the law which is what I stated previously.

If they insist they won't refund you because they haven't received it back, you'll have to sue them.

arsenalboy

Manxman_in_exile said:

arsenalboy said:

tightauldgit said:

So they've had it 3 working days? I wouldn't be going full scale loco just yet. 

No the problem is they are saying it has not been received even though all the tracking confirms they have. That is why I am asking what my options are. Not sure how to proceed as I am hitting a brick wall?

If they insist they won't refund you because they haven't received it back, you'll have to sue them.

Presumably I can get my credit card provider to do a chargeback?

Manxman_in_exile

If you used a credit card you'd be better advised to tell your card provider that you want to make a s75 claim.

I wouldn't like to say whether a chargeback would cover this.  Chargebacks are a bit...  "funny".

But your CC company won't be interested until after the prescribed time limit for paying the refund has expired anyway.

You also need to be aware that opinion on this forum is divided as to precisely what s34 of the legislation I quoted earlier means.

Some people (and I'm one of them) think it means that if the returned goods "go astray" and the seller never gets them back, then you are still entitled to a refund 14 days after you provide evidence that you sent them back.

Other people think you are only entitled to a refund if the seller does actually get the goods back.

But you are in a pretty strong position here if Dell paid for and organised the refund.  In that sort of situation most people agree you are entitled to a refund as it's Dell's problem if the goods go missing.  Plus you have tracking that says its been delivered...

Incidentally, I know you said at the outset that you had returned the goods under the 14 day distance selling rule.  Did you clearly tell Dell that that was what you were doing?

arsenalboy

Manxman_in_exile said:

I

Incidentally, I know you said at the outset that you had returned the goods under the 14 day distance selling rule.  Did you clearly tell Dell that that was what you were doing?

I quote the distance selling rule loosely and no I didnt tell them that. The reason being they clearly state in their terms, and explicit on their website, that as you are buying online you can return within 14 days. They further extend that to say that once you request a return, you have a further 14 days to actually return it.

It beats me how they can say they havent received it when DPD tracking gives the name of the person and the time to the minute and the address.

Thanks for your advice really appreciated.

Manxman_in_exile

OK.  It's just that strictly speaking you are supposed to clearly tell the seller that you are cancelling the contract as a distance sale.  However, if the Dell website says you can do a return because "you are buying online" (as you posted) that's probably enough

If you end up in an argument with them over whether you told them you were cancelling or not, point out to them that their wording makes it pretty clear what you were doing.  (The 14 days has expired now so I suppose it's too late for you to clarify that with them, but I don't really know. I suppose you could try)

If you buy a lot of stuff online and return a fair bit of it, I'd suggest you always make it clear that (if you are within 14 days of delivery) you clearly tell the seller that you are exercising your statutory right to cancel a distance sale under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

The only time you would not want to do that is if the seller's own returns policy gives you a better deal or is more flexible than the statutory right