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Misprice problem from Dell

ChesecakeBobbyChesecakeBobby

Hi guys, I am sorry my first post here is a plea for help and not an amazing deal, but my lurking has given me the impression I at least won't have my head bitten off!

My problem is that I paid a very good price on an item from Dell and received a bog standard item. What I ordered was a Creative x-fi Fatal1ty FPS soundcard, for about 50 quid. The next cheapest online was 90 quid but what with it being the January sales it wasn't an obvious misprice like the old £1 TVs. This is what was listed and specified on the page I ordered from, and the item present on my online receipt I received via email. I ordered on the 8th and the money was taken out of my account very quickly.

So this morning I received a standard 5.1 soundcard which I clearly did not order. I called up customer services who apologised and said I could get a refund and then place the order again for the item I ordered. The lady said that she doesn't know the prices as that is Sales' business, so I've just looked up the items, and here is where my heart sunk - the item they sent is on sale for about 50 quid, and the item I orderded is about £175.

So it seems to me they just thought "oops, we mispriced this and have already taken the money out of his account, so we'll send something else instead so he has to reorder for 3 1/2 times the price and thus we minimise our loses". I'm thinking I might phone up sales as they are the ones responsible for this mess, but what can I say? Do I have any legal leg to stand on? The customer servies people mentioned a possibility of letting me just keep this wrong item as a token of appreciation or whatever, which is a nice gesture, but seems like buying me off knowing I could have saved 2 or 3 times the price (according to Dell's overinflated price for it now anyway, it used to be half price compared to competitors and now it's double).

I really appreciate any advice, thanks guys :)

All Comments (14)

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    cis_groupie
    As it stands you ordered & paid for an item, Dell sent you the wrong item, they've refunded you for that wrong item.

    Legally there's nothing you can do. If you've ordered the new item not realising that it was so much then a phone call & explanation to the Sales Team should sort things out.
    currychops
    http://www.ebuyer.com/UK/product/96739
    is this the card??...if so I doubt Dell would sell it for as low as £50..however if £50 is your budget you may wish to consider this link
    http://www.ebuyer.com/UK/product/112512/rb/24551051845
    Lowtrawler
    cis_groupie
    As it stands you ordered & paid for an item, Dell sent you the wrong item, they've refunded you for that wrong item.

    Legally there's nothing you can do. If you've ordered the new item not realising that it was so much then a phone call & explanation to the Sales Team should sort things out.


    Not true. Under both English and Scottish law a contract was created by accepting and taking payment for the order. Once this happens, the contract is binding on both parties. Dell have delivered the wrong item and are responsible for delivery of the correct item. You are entitled to insist on them doing so or you can take them to the small claims court and recover your costs for sourcing the product elsewhere.

    The only get-out clause for Dell is if the price is an "obvious error". Clearly with others selling the product for £90, buying it for £50 from Dell could hardly be classed as an obvious error.
    rayman
    Welcome to HotUKDeals CheesecakeBobby and sorry to hear you've had problems with Dell. Have you still got the pdf e-mail attachment with the order details on it?
    Lowtrawler
    currychops
    Lowtrawler


    excellent price compared with ebuyer..good find lowtrawler
    ChesecakeBobby
    rayman
    Welcome to HotUKDeals CheesecakeBobby and sorry to hear you've had problems with Dell. Have you still got the pdf e-mail attachment with the order details on it?
    Thanks Rayman! :) Just realised I spelt my username wrong though, embarassing... anyway yes I do still have the pdf from Dell.

    I guess I will call up Sales and ask for the price I was originally given for the item, but I can just imagine them pinging me back and forth between sales and customer services ad infinitum...
    ChesecakeBobby
    Argh!!!

    After getting through to sales after being forced to speak to customer services again, I was told if I wanted the soundcard I originally ordered I would have to pay £174. I explained thats the card I bought and he said I ordered the cheapo 50 quid one. After I assured him about 50 times that I had ordered the fatal1ty he gave in and conceded that thats what it says on my receipt.

    But then he started spouting complete rubbish. Apaprently because on my receipt it says "Creative Sound Blaster X-Fi Fatal1ty FPS" and not "Creative Sound Blaster X-Fi Fatal1ty FPS 24 bit" they might not be the same soundcard!!! Which is complete rubbish as only one exists, and on the original product information page it gave the specification quite clearly. He wouldn't budge and said I would have to speak to customer services about compensation.

    So where do I go from here?

    Forgot to mention, he claimed he was a manager. So I'm not sure who I can contact who is above him.
    Lowtrawler
    OK. Hopefully you got his name. Call customer services and provide his name to them stating that he has asked you to call them to remedy the situation. Take a note of who you speak to and their response. If they do not concede, ask them who you should write to in order to pursue your claim. Once you have this, ask to speak to that individual by phone and refuse to come of the line until you can. If this proves fruitless, write to the named individual. Make it a formal "letter before action" - outline your issue and what you want Dell to do. Provide copies of your order. Give them a date (at least 7 days and preferably 14 days after receipt) to resolve your problem. State that you will take action through small claims without further recourse unless they have resolved your problem by that date. Keep copies of this correspondence and notes including dates / times of all other contact you have with them.

    If the date comes and goes, take action through https://www.moneyclaim.gov.uk/csmco2/index.jsp (assuming you are based in England and the Dell office is in England). It is a straightforward process and will cost £30 that you will also be able to recover from Dell.
    ChesecakeBobby
    Nope he didn't give his name (or i didn't catch it). Damn, I've not had problems like this before. I could go ahead writing to anyone whose name I can get hold of but are my chances worth the small claims? I mean, I would have saved 40 quid, and the thing I have got for free is 40 quid, and I don't know if the process involves any hidden costs. I'm just thankful I didn't buy my z-5500s from there when I almost did...
    Lowtrawler
    Call customer services anyway. Be firm, polite and obstinate. refuse to come of the line until you have spoken to someone able to resolve your problem. Don't threaten or mention legal action until you reach a dead end. If you reach that point, the threat of legal action may be enough. If not, you can decide whether to pursue it or drop it at that point.
    currychops
    If it were me I'd find the name of the most senior manager at Dell Uk and write a letter to him/her...marking the envelope PERSONAL.....just a thought!
    Paladine
    Lowtrawler
    OK. Hopefully you got his name. Call customer services and provide his name to them stating that he has asked you to call them to remedy the situation. Take a note of who you speak to and their response. If they do not concede, ask them who you should write to in order to pursue your claim. Once you have this, ask to speak to that individual by phone and refuse to come of the line until you can. If this proves fruitless, write to the named individual. Make it a formal "letter before action" - outline your issue and what you want Dell to do. Provide copies of your order. Give them a date (at least 7 days and preferably 14 days after receipt) to resolve your problem. State that you will take action through small claims without further recourse unless they have resolved your problem by that date. Keep copies of this correspondence and notes including dates / times of all other contact you have with them.

    If the date comes and goes, take action through https://www.moneyclaim.gov.uk/csmco2/index.jsp (assuming you are based in England and the Dell office is in England). It is a straightforward process and will cost £30 that you will also be able to recover from Dell.


    He should send the LBA recorded delivery as well.

    Paladine
    MikeT
    MikeT[mod]7 years, 11 months ago1 Like #14Show comment tools Reply
    I have PM'd ChesecakeBobby the name & tel of someone in customer relations who should be able to resolve this for him without resorting to the small claims courts.

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