Done With Dell - Any Advice???

So I purchased a laptop with Dell two years ago with Complete Care & Extended Warranty thru Aug 2010. Back in April/May, my XPS 1750 started having overheating issues. Everytime I tried to get Dell to do anything about it, they told me it was just that the BIOS needed to be upgraded. So I finally upgraded the BIOS and nothing changed. Then I started getting hard disk errors. They advised me to reload the OS. I did that...no change....the problem became so bad that my pc would only stay working fo ten minutes til it blue screened and died. Then while chatting with Dell tech support, the laptop got so hot it burnt my thigh and then blue screened and died...for good. It's been dead since June 9th. I called Dell on June 9th and they advised me that because it was getting so hot, they think it melted the internal components and that due to it burning my leg, they were going to send out an Alienware m17X as my replacement and I'd receive it in 5-7 days. So...here we are on July 3rd and I still have no pc....Dell cancelled the order for the m17x, ordered me a subpar XPS which didnt even come close to the specs of the one I have now...and I have no pc. I've spent HOURS on the phone with Dell, sent emails to the escalation contacts listed in another thread, submitted an unresolved issue request.....the result....NOTHING! A manager from tech support has done nothing but send me emails telling me he has to do this or that and then never does any of those things. I'm really mad. I am getting no where with them and I feel like they have done nothing to work with me. They tell me a third pc needs to be ordered that matches my specs of the current pc but they have not yet created that order and they said if they created it, it is likely to be sometime in August before I receive a replacement. So....it begs the question....why did I pay all that money for an extended warranty? As the clock ticks on my warranty, I am without pc and I feel it is a very unjust situation. I have no idea what to do next - I feel like I've done everything I can short of writing to my Atty General. I've even asked them to just refund me the money for my pc so that I can go purchase another brand of pc elsewhere. Got any ideas for me? Anyone experience a similar situation?

 

Contact the Better Business Bureau(BBB) and file a complaint. It looks like you have done all you can and are in direct contact with a manager and they are playing games with you. I don't know about Dells terms of service for a warranty(you might want to find that online and read it), but many companies promise to provide a machine of the same quality or better than the one that is defective. Not sure if this is the same for Dell but something must be done, this is ridiculous.

 

threaten to sue them and sound convincing, this may soften some hard cs.

 

Dell gets a MILLION threats, they go in one ear, and out the other. BBB reports are 50/50. Align yourself with an attorney and do some research. File a case in your local small claims court for the value of your computer at the time of purchase, inclusive of all warranty costs as well as for lost time. Have the courts or a court officer give the "notice of suit" papers to dell, and keep a copy on file. Odds are, DELL will cave with that. Now I don't believe in small claims you can have counsel with you, but it doesn't hurt to take some time and pay a few bucks for one to go over ALL the details with you.

The reason DELL will cave, or you'll win a default judgment is that it simply is not cost-effective for DELL to send a representative to the courts. If they do so, you then can have the representative questioned on the full details and circumstances of your case. The judge will ask about YOUR case, and odds are the rep has no more than a smattering of knowledge about the events. Typical "DELL protocol" and perhaps that's it, but I don't think an intimate knowledge with all the chats and emails and records that transpired. If they don't show, you can win a judgment with prejudice and legally go after them for the value of the computer, be it a new computer, or money, or even having the sheriff removing the equivalent value of stuff from DELL to cover damages. (Think REPO!)

I would go and make that suit, have DELL get served, and brush up on law. If you're not a big enough fish, DELL should either a) cave in, or b) not show up and you'll get a default judgment (possibly with prejudice) and be able to collect.

Jason

 

I've already threatened to contact an atty, and file a complaint with my atty general and the BBB - know what they told me "that's fine, we will direct you to our legal department" and they put my order on "suspense"! I really like Ganzo's idea and I think I will do that - file a complaint in small claims court! I believe they are already in breach of their warranty agreement but I don't think i ever received a hard copy of that agreement so I need to do some digging on this online over the weekend.

I'm a pretty persuasive person when it comes to forcing companies to do the right thing - it's part of my job. So I am just shocked at the way Dell has chosen to handle this. Needless to say, I don't care how good their product is or how cost effective, Dell will NEVER get another dime from me.

 

You could be a justice on the supreme court bench, DELL doesn't really care. Talk to them is like the air we breathe, the only way to get somewhere is to actually go through with it. Most companies will, after a reasonable effort has been made, will bend... not DELL. You actually have to take them to court to get any movement from them. File a complaint in small claims... I would be floored if they took the time / resources needed to fly a high-up rep to the case with the actual amount of evidence they would need to have more than a "contract / puppet" amount of knowledge that goes beyond the standard warranty. Less talky, more do-ey is the way to keep DELL in check.

PS: don't just threaten, DO. Dell gets so many empty threats they just roll out and do nothing it's not even funny. Dell doesn't care what your job is, or how persuasive you are, (And I'm someone who went into a MontBlanc boutique, reported the poor service, and received a free Montblanc 149 fountain pen signed by MB North America for warranty) they behave like a collection agency gone wrong. Words mean nothing, a written statement may get you forwarded to their legal department (and if that happens, they WILL use your angry "we-threaten-DELL" letter against you and keep it on your file), and a lawyer to help you do research may cost $500 for 2 or 3 hours depending on where you are, but you'll get a well-made letter that you can send to DELL that will convey your point without giving them a leg of "but he threatened and provoked us!", and a method of properly filing suit in your municipality.

Try it, worst comes the worst you get nothing out of it, but DELL has that suit permanently filed in your county's court recordings. If you win, collect your damages and then get what you deserve. The result would also stay in the court's records and you will not only have "subjective firepower", but a court judgment entitling you to what you want. And if that fails, you can call in the county to repo from DELL the equivalent amount of equipment they have relative to the cost of your machine. (No rule says that the same methods collection agencies use to collect your possessions when you get a judgment against you, you can't use against a big company when you have a judgment against them!)

Now go out there, and make us NBR'ers proud!

 

This is crazy. I am not sure why Dell would choose to behave this way for something so small. Well, another lost customer.....

 

I'm on the same boat with you. Got my replacement Studio 1536 still breaking down/bluescreening like the old one did at the start before things got really nasty.

Tell us how your suit goes because I am really thinking of demanding a refund in return of me sending them my replacement 1536. Second time I am with a broken laptop....

 

Well,
This thread reminded me of something I heard about Dell a few months back on the news. Apprantly many people have been complaing about their service and support to the point where there is a big lawsuit filed.

Check out these threads...

Link 1

Link 2

 

The B.B.B. will be useless.

Read my post: B.B.B. Complaint on DhELL

 

ok so here's the deal guys....bringing Dell to Small Claims is useless too. There is a stipulation that, when served, Dell's legal department can have the case transferred straight to Civil Court. Then you need an atty to represent you. I live in CT and I spent a lot of time searching small claims court case histories in CT and every single case against Dell went straight from Small Claims to Civil court.

 

Terrible to hear how bad the Dell service is in the US!! So far my experiences here have been great and they upheld every part of their warranties whenever they were needed. I wonder why theree's so much difference in service from one country to another.

 

This is bad. inspite of warrant if people are suffering, i would be really mad, why cant dell improve its customer satisfaction ?????

 

I would rather buy a new laptop with full accidental warranty and then BREAK it and do that for a couple of laptops. That would put me in peace ..

 

Over the past 10 years, I have had nothing but top-notch service from Dell.

Some people have bad experiences, I guess. I have been dealing with Dell for years and one of the main reasons I keep buying is the warranty coverage (which is the best in the business, IMO).

To the op - Sorry to hear about your situation. You should use the unresolved issues form. Someone from corporate will contact you and you will have better luck with them.

 

Can you explain the stipulation and how it works? A lot of DELL owners in CT would love to have this clarified I bet.

 

Once Dell receives the Small Claims suit, they have an option to file a motion to transfer the case to the regular docket on the superior court on or before the answer date, with a certification that the motion was served on each party to the action.

If a motion to open claiming lack of actual notice is granted, the motion to transfer with accompanying documents and fees must be filed within five
days after the notice granting the motion to open was sent.

The motion to transfer must be accompanied by (1) a counterclaim in an amount greater than the jurisdiction of the small claims court; or (2) an affidavit stating that a good defense exists to the claim and setting forth with specificity the nature of the defense, or (3) an affidavit stating that the case has been properly claimed for trial by jury. If the court finds that one of these conditions applies, the motion to transfer the case to the regular docket will be granted without the need for a hearing. The party who has filed the motion must pay all necessary statutory fees at the time the motion to transfer is filed, including any jury fees if a claim for trial is filed.

So, once Dell gets served, they respond to the papers by filing a motion to transfer, then the case moves to Civil court and now the Defendent has to hire an attorney.

 

If this quoted post could be stickied for those who are currently in dispute with DELL, it would be an asset for those in CT having problems with dell. It's very well written, and I wonder if it applies in other states as well.

+1 rep

Jason