How should I escalate of my legal argument with Dell?

[what..the?]

I am having an argument with Dell over them selling me an item which is unsuitable for it's purpose and is not the specification I requested. They will not let me return the item and I seem to 'not have a leg to stand on' as the sale was over the phone.

I want to take this big now as they have coned me out of �750 when all I needed instead was an item costing �50. To resell this item on ebay I will of course make a loss due to the warrantees etc. even though it is unused and still boxed.

Who can I contact such as reporters to try and get word out about this to help my case and to stop others falling into the same trap.

Thanks.

[jno]

post this under the Law section and you may get more responses. In general, products sold have to be what you asked for and suitable for their purpose, though.

[vehelpfulguy]

Go to Which magazine.

They love this sort of thing and may contact Dell for you.

Most large companies hate the publicity and Which will name and shame them if they feel Dell have been unfair.

[jno]

� Write to Shopping at 119 Farringdon Road, London EC1R 3ER or email [email protected]

other newspapers may offer similar consumer columns

[jno]

sorry, should have made that clearer: the Guardian has a consumer page every week in which they chase up badly-behaved companies; that's the contact information at the end of each one. As I said, other newspapers may do likewise.

[El D]

Consumer protection act - goods should be fit for purpose. Visit a solicitor.

[what..the?]

A solicitor may be out of the question due to the overall cost if we lose. Legally it is their word against mine so I have been told over and over by consumer rights, egg card etc that I do not stand a chance for this 'verbal contract'.

I do however think that the fact their whole argument is based on the fact they say I talked to the sales person on the phone about my business expanding IT and Staff wise - (which is a complete an utter lie) they say that is the reason they sold me this product and they will not show me any proof they have of this. I asked them for paperwork showing what I disscussed or even a possible recorded conversation. But they do not answer any of my questions on this just ignore them.

Even the spec's were wrong on the product they sold me -that I do not need but they do not consider that this is a reason for return either.

Thank you for all your advice but may I also ask - do you not think that if the argument for selling me a huge expensive product unnecessary which they condone due this so-called converstion I had with the sales person - shouldn't they have to be able to prove this in some way if they can't, its the sales person word against mine, and in court they would beleive me as my firm our in fact agents of the court.

[El D]

Unfortunately, the rule of the marketplace is still caveat emptor, buyer beware. The burden of proof lies on the buyer to demonstrate that the seller was misleading or in breach of your rights - this is in part why all the consumer protection acts have been installed, precisely because it is very difficult to prove what went on, hence the statutory return periods etc.

The only other thing I can recommend, is if you bought it with a credit card then the cc company will fight your corner on your behalf - although I have never had to use them I have heard that they can be quite effective due to their clout.

[El D]

Sorry just seen you used egg card - no joy there then I guess.

[lady_p_gold]

Well I think you need to elaborate slightly..... i.e. if I go into a garage and buy a Mercedes and then go back later and say that I was not told that I could quite easily have got to work in a Talbot Samba ...then it would have been up to me to do the research into what product I buy. It sounds as if you are saying that you bought something bigger and better than you needed, however I would say that what you mean is it is not suitable for YOUR purposeb which is not quite the interpretation of the Act. Dell are usually a reputable company so I am a little surprised. What I would do is write a letter to the Mananging Director or something and explain your predicament and if the goods are completely unused and in their original packaging you might get somewhere as a goodwill gesture.

[what..the?]

I phoned Dell with no IT knowledge at all I tried to get help from a friend but couldn't, so I phoned Dell and made them aware that I had no idea what I needed but that all I wanted was 2 desktops and away of connecting them basically. I told them there is just two of us (members of staff) and that we run basic word/excel/email applications. I asked if all the cables and software - antivirus etc could be included and they said yes they would send me everything I would need to set the system/network up and that I would be able to set it up myself.

They delivered the order when the office was closed and so left it with complete strangers with boxes damaged and looking dropped.

They sent me 2 desktops and a server, there was only one network slot, and no cables, I phoned up and talked to technical guy at dell who said ' he could not understand why the sales person had sold me what he had and that I need a hub to solve the one network slot problem'. I said I need not want to buy more items and that I just wanted to return the server ( as I already felt conded). The people at dell kept me on hold re the the return then told me they would call me back they never did.

Then my friend came to help me with the problem and said I need not need this �750 server just a �50 router and that they should have known that, this server can support 45 members of staff and we only have 2.

I have spoke to the sales person since who was very rude he was the guy I trusted over the phone to help me - this time round he said "well you agreed to it" - well charming I thought. He could not also support the reasons why there were no network cables, only one network slot and no hub, the fact is was overkill 2 members of staff not 45, not to mention that a person with no IT knowledge could not set this up, when he said I could.

Dell will still not show me evidence of my conversation to prove their argument that I

[lady_p_gold]

Well as I said, a letter writing all this out to the Managing Director would be my next move.

[what..the?]

Ok I'm on it, thanks for the help