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Dell taking money without consent

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  • Dell taking money without consent

    My son ordered a laptop from Dell and selected to pay on credit, when the paperwork arrived I took one look at the 30% interest rate and told him to cancel, which he did by phone. He then re-ordered the laptop and I paid on my debit card (he will pay me back - honest).

    One laptop duly arrived but the following month Dell took a payment from his bank account by Direct Debit, I confirm he did not return a signed credit agreement, nor did he fill in and sign a direct debit form, I can only assume they have taken this money on a previous direct debit from items he had bought previously.

    I immediately sent them a letter outlining their error and yesterday he received a letter from them saying the bank had informed them the direct debit had been cancelled and he must make payment immediately, would be charged £15 for not making the payment on time and threatening him with a DCA if he didn't pay.

    I want to phone them today as my last letter has obviously been ignored and we obviously follow up this phone call with another letter.

    Opinion on a couple of issues if you could:

    1. Are they acting illegally taking money out of his account without consent?

    2. Can I claim interest at 30% on the money they have for the time they hold it? If so, how the hell do I work out what that interest is?

    Many thanks xx

  • #2
    I have to say Ian, that I have yet to hear something positive about Dell's marketing strategiesIt would appear that they have taken a previous DD mandate, and applied the details from it to a new one, but without anyone's consent. This must surely be a blatant breach of the DD rules.

    The maths ? Well, it seems to me that one simply has to charge 30% compound interest on the amount taken, from the date it was debited to the date the money is returned. Use a CI spready for this, with just the one payment entered on it, and that will calculate the interest.

    HTH

    Comment


    • #3
      Thank you very much kind Sir, I'll have a look at how much they owe us now then do a bit of ear bending, they're gonna be sorry........

      Comment


      • #4
        Closed for training

        Letter written, when I add the 'Administration charge' for the two letters, it comes out at just over double what they took out of his account, If they think my charge is a penalty - well they can take me to court can't they!!!

        Comment


        • #5
          if you really are determined to recover the money you may have to go to court, just the nature of these large companies the head does not know what the legs are doing.

          If this is the case do not prejudice yourself by being unreasonable, the courts are awarding more and more costs in the small claims track due to unreasonable test. Do not get caught out and be on the receiving end of such an order.

          Asking for a Administration charge may in it self be considered unreasonable and pursuing 30% would certainly be considered unreasonable. The banks are a different kettle of fish, as they have a vested interest in not going into court.

          Remember that what you write now is the footings of any claim in the courts, and it should be wrote in a reasonable manner where you suggest that a mistake has been made and you are giving them the opportunity to correct the mistake, with no reference to court this should come in the second letter

          Comment


          • #6
            Does the direct debit guarentee cover this?

            Under the rules of the Direct Debit Scheme, should any money be taken in error, then the customer's bank or building society must, on request, make an immediate refund to the customer's account. This is the Direct Debit Guarantee. This covers situations where the originator has not given the required advance notice regarding a change of amount or date. It also protects customers should an incorrect amount be debited or if a debit occurs earlier than the specified, agreed date, or in error.

            You can see that
            • "With a variable direct debit the originator must provide enough advance notice of the amounts and dates of payment, or any changes to them, in sufficient time to allow the customer to raise any queries prior to payment. This is defined as at least ten working days from receiving the notification."
            • "Should any money be taken in error, then the customer's bank or building society must, on request, make an immediate [our stress] refund to the customer's account."
            • "This covers situations where the originator has not given the required advance notice regarding a change of amount or date. It also protects customers should an incorrect amount be debited or if a debit occurs earlier than the specified, agreed date, or in error."


            ???
            When we love, we always strive to become better than we are.

            When we strive to become better than we are, everything around us becomes better too.

            Paulo Coelho

            Comment


            • #7
              yes, yes and yes.

              this has it own issue the banks do not like doing it, and have a 1001 reasons why this does not apply in your case.

              But banks are if nothing else predictable. And the easy thing to do is put it in writing.

              Dear bank,
              Re account number: xxxxxxxxxxxxxx

              On the 12/05/07 dell computers took a direct debit payment from my account for the value of £xx.

              This was taken in error as there was no agreement in place.

              For your information I will write a short account of the situation:

              I ordered a laptop from Dell and selected to pay on credit, when the paperwork arrived my father took one look at the 30% interest rate and told me to cancel, which I did by phone. My father then re-ordered the laptop and he paid on his debit card.

              One laptop duly arrived but the following month Dell took a payment from my bank account by Direct Debit, I confirm I did not return a signed credit agreement, nor did I fill in and sign a direct debit form, I can only assume they have taken this money on a previous direct debit mandate from items I had bought previously.

              As this was clearly taken in error as such:

              1. The direct debit guarantee given by (your banks name) and dell computers be invoked on the grounds of error on Dell Computers part.

              2. A full and immediate refund of the amount paid £xx.xx be made to my account today.

              Please confirm that this has been completed by return.

              Yours faithfully,

              xxxx

              Comment


              • #8
                Thank you all.

                Thanks for that Ash, this is the second letter, the first clearly explained the facts and their error, the letter received today makes no reference to my previous letter, obviously it has been ignored by the recipient.

                I have done nothing they have not, i.e. the 30% interest equals that they were requesting in their agreement and the £15 per letter they are charging, whether I get it or not is another matter. If I can get the bank to refund under the direct debit guarantee, obviously I would not take any further action against Dell for either interest or costs.

                The incompetence and ignorance of these companies really riles me, not only are they going ahead with a credit agreement they have not had a signature for, but they haven't even despatched the goods!!!

                Comment


                • #9
                  My partner works for dell, he said he will not mention it unless you want him to but if you send him the account details he can get this issue raised with the right people and get it sorted for you.

                  (None of the above even crossed my mind this morning when I was thinking about dd guarantee:o earlier)
                  When we love, we always strive to become better than we are.

                  When we strive to become better than we are, everything around us becomes better too.

                  Paulo Coelho

                  Comment


                  • #10
                    Thanks very much for that Mocha, sent you a PM xx

                    Comment


                    • #11
                      ......or at least I will when you enable PM's :rolleyes:

                      Comment


                      • #12
                        Now about that idiots guide I was after..... how does one enable pms???
                        When we love, we always strive to become better than we are.

                        When we strive to become better than we are, everything around us becomes better too.

                        Paulo Coelho

                        Comment


                        • #13
                          I am enabled.... partner showed me:o
                          When we love, we always strive to become better than we are.

                          When we strive to become better than we are, everything around us becomes better too.

                          Paulo Coelho

                          Comment


                          • #14
                            Hmmm, can you just check again, in usercp, that your 'enable private messaging' box is ticked please?

                            Comment


                            • #15
                              I had clicked a box saying only allow buddies.... opps sorry! Box unclicked:o
                              When we love, we always strive to become better than we are.

                              When we strive to become better than we are, everything around us becomes better too.

                              Paulo Coelho

                              Comment

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