Dell Victims: Here's My Complaint Letter

thewinchester on 10/11/2009 - 18:11

Well, if you've just been baited and switched by Dell - then make sure you complain to your local Consumer Affairs Department.

If your in Western Australia, feel free to download my pre-completed complaint form for the Department of Commerce which you can just key your personal details into and then send it off with your attachments and evidence.

The pre-completed form can be downloaded at:
http://rapidshare.com/files/304834200/Consumer_Complaint_cop…

For those who want some text to go with their complaint, feel free to steal from that document and adjust to suit.

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Comments

  • Jabba the Hutt on 10/11/2009 - 18:35

    Cry me a river.

    • inherentchoice on 10/11/2009 - 19:20

      +1 from me only because that's how your complaint sounds. I've put my suggested one below.

      • thewinchester on 10/11/2009 - 20:47
        -2

        You obviously don't know how to write a complaint which gets through the system do you. Read yours, and it shows you're a obvious tool who doesn't know how the consumer affairs complaints system works, let alone understand the people behind it.

        If they received anything similar to yours, they're reaction would be ho hum, you're trying to lawyer someone into a response. It also doesn't even hint at the fact there have been several and substantive documented cases of this vendor pulling this stunt.

        • inherentchoice on 10/11/2009 - 20:58

          Thank you for your encouragement. I feel I have first-hand familiarity with the taxpayer funded 'complaints disposal machine', and have pointed out to you the three steps that the Department of Commerce requests you take prior to submitting a complaint. Please note my draft is for Dell and therefore serves a different purpose, as it will hopefully send them a strong message but in such a friendly way that they are willing to assist me by posting the item, and if not it will then give me further evidence in support of any complaint. I'd be interested to know how it works out for you.

          I think it's better that Dell feel their own guilt without me having to remind them at this point.

  • zhenjie on 10/11/2009 - 18:56
    +9

    BEST ADVICE TO ALL THOSE COMPLAINING ABOUT DELL:

    BUILD A BRIDGE AND GET OVER IT.

    Seriously, it was a pricing mistake that everyone is well aware of. You tried to EXPLOIT it, yes YOU selfish whingers tried to exploit a pricing error, don't kid yourself. There was no bait and switch, it was a PRICING ERROR that can happen with any business. Nobody lost any money in this. The only thing you lost was your time (and those of you that are still complaining- your dignity).

    If not getting a $20 router is such a major issue in your life then I guess there is really no hope for you guys. Learn to be more understanding and stop being tight asses. Dell doesn't own you JACK S!

    Its amazing seeing the influx of selfish and single minded Ozbargainers. Give me, Give me, Give me, wah, wah wah is all I hear these days.

    • inherentchoice on 10/11/2009 - 20:13

      In my view, a big multinational company was offering to sell one of its products at a certain price via its own website. That's it.

      As much as it may have been an error they have a duty to fulfil the promises they make, and such a duty is even set out in the legislation. For this reason I think we should each expect them to honour the orders we have made.

      • Elephant on 10/11/2009 - 21:29
        +3

        There was an invitation to treat, and they withdrew it. Did they accept anyone's money? It does not look like any transfer of funds were completed.

        Even if they accepted your money (technically entering into a contract), then they still can withdraw from the contract if they can successfully argue you should have reasonably known it was an error.

        How are you going to prove that people should not have reasonably known that a $260+ item was not an error at ~$20?

        • inherentchoice on 10/11/2009 - 21:36

          I don't disagree with you, but you are focusing on the wrong point. It's not about a binding or non-binding contract but it's about false advertising. I do suspect that it's not significant enough for the ACCC to do anything, but the fact still remains that 53(e) provides that they shall not make a false or misleading representation with respect to the price …

          • Elephant on 10/11/2009 - 21:51
            +1

            @inherentchoice: The law (thankfully) leaves scope for error.

            However, due to them having done this before, and after promising they have put things in place prevent this from happening again, with enough complaints and alot of luck they may get some form of penalty.

            Perhaps it may be in the form of a warning, or a fine or maybe (but I highly highly doubt it) they would have to come through with the goods. I don't like your chances, but good luck with the outcome.

            I don't even like Dell, it just irks me that people seemed surprised and cheated and deeply hurt (not saying you fit this category) by what seemed obviously like an error.

          • zhenjie on 10/11/2009 - 23:46
            +1

            @inherentchoice: And that's where you and all the other cry babies are wrong. They didn't advertise this pricing error. It was expectantly found and posted on various websites. You and others tried to exploit it and failed. Just like your complaining will continue to fail.

            They didn't intentionally seek to list it at that price. It only every cost them money to do the refunds and hire CS reps to handle refunds and complaints. Its NOT a marketing exercise.

            Build a bridge and get over it son.

    • chloden on 10/11/2009 - 21:12
      +1

      Zhenjie you would have an excellent point if this was a one off, but it is not the members of OzBargain that are at fault but Dell. Also as for the JACK S comment if anybody does bother to take this to ACCC it will be up to them to make the decision as to whether or not any "JACK S" is owed, after all they would be qualified to make that call, unlike yourself.

      • zhenjie on 10/11/2009 - 23:51
        +6

        Dell is a big company. They have lots of staff. Staff input the sales data into the system and are BOUND to make mistakes. its only human. Sure its Dell's fault, so they REFUNDED all the money to people. They didn't take money from anyone and all OZbargain'ers tried to do was EXPLOIT IT. The smart ones here ordered knowing that it'll most likely get canceled. The idiots here ordered thinking they are entitled to it. Sorry, the world doesn't work like that and you all need to wake up to reality.

        ACCC this, ACCC that. We've already seen this pricing issues come and go through the ACCC and it'll be the same as always.

        Hypocrites are rife in Ozbargain now. Quick to call Dell 'immoral' and 'unethical' yet they are the ones trying to get a product for under cost price due to an human error. LOL. Sad.

    • anthony on 11/11/2009 - 14:18
      +1

      That is exactly true

  • inherentchoice on 10/11/2009 - 19:19
    +1

    Erm, you did see that a formal complaint is step four yeah? IMHO the best response is a clear and concise one directly to Dell.

    I've drafted the following, and hopefully the more of us that send this kind of response the stronger a message we make:

    Dear Dell

    In reply to your email that you have cancelled my order, I ask you to please reconsider for the following reasons:

    1. When I visited your website it clearly showed that this Linksys WRT610N router is available for purchase at the price of $20.90 delivered, and your website allowed me to place such an order for the item which you then acknowledged.
    2. I find it very misleading and confusing that you can now change your mind about my order. Because you have chosen not to honour my order, I believe this makes your offer a misleading and false claim, or false advertising.
    3. In this regard, I wish to draw your attention to section 53(e) of the Trade Practices Act 1974 (Cth), which states:
      A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services:
      (e) make a false or misleading representation with respect to the price of goods or services;
    4. Although your offer may have been an error, I wish to also note the ACCC publication Consumer protection and the Trade Practices Act, which says: “It makes no difference whether or not the business meant to mislead or deceive you, as it is how you perceived the conduct that matters.” The purported 'inadvertent error' is not a satisfactory justification of your clearly deceptive conduct.
    5. Furthermore, after you gained my attention with this offer and collected my personal information, it appears that you are now attempting to take advantage of that by requesting that I pay further “goodwill” monies (in excess by some 1095%) . Such action on your part is strongly indicative of a ‘bait and switch’, which as you would be aware, is also contrary to the Trade Practices Act.

    Would you please then ensure that this Linksys WRT610N is delivered to me without further delay? I feel strongly about this matter and am hopeful that such satisfactory resolution can be achieved so that I will not need to seek further action via the relevant authorities.

    I will appreciate confirmation that you will process my request.

    Kind regards
    -XXXXXX

    …I wouldn't be surprised if the State authorities turn around and say they can't accept your complaint until you take it up with Dell.

    Anyone have a swag of valid Dell email addresses that we can cc it to?

  • aaaaab on 10/11/2009 - 21:18

    Thanks for posting those complaint letter templates
    However thewinchester I can't download yours, since it has been TOO popular and rapidshare doesn't allow me to download it
    Can you move it to elsewhere for us to download?

    • [Deactivated] on 11/11/2009 - 04:33

      I doubt if its that popular. You are probably using an ISP like TPG, where they cache websites, so trying to download from Rapidshare will fail because Rapidshare sees your request as another from the same address and only lets that address download one per hour. Thats all rapidshare requests not just this letter

      • MiCCAS on 11/11/2009 - 11:42

        No, actually, this is the error we get when trying to download:

        This file is neither allocated to a Premium Account, or a Collector's Account, and can therefore only be downloaded 10 times.

        This limit is reached.

  • [Deactivated] on 11/11/2009 - 04:06
    +4

    GOOD LUCK - Ya gonnna need it DELL has done this so many times before. thats why I just laugh each time it happens and move on to the next bargain.

    1. If you ever find a mistake like this keep quiet about it or at least until you have yours shipped to you.
    2. When its posted here, get your rabbits foot out and rub it a hundred times and forget about wasting anymore time, that way you stay lucky
    3. Find another supplier than Dell, they dont need your business anyway.
    4. Buy a Mac
    5. Realise that the ACCC will just bin any email letter you send, they cant even catch Billion dollar frauds let alone a $100 pricing mistake. This would eat up all of their meal allowances for a quarter.
    6. While the fair trading depts might be of more help, or at least they may read and consider your letter until morning tea time, don't bet your grandma on this action.

    Alternatively get serious write to a litigation lawyer who can take a class action against Dell for a percentage of the take, at least you might get the satisfaction of a reply. (that is by the litigation lawyers rejecting your offer)

    DELL doesn't give a ratz about your rutting about routers, some clerk has got the boot up the bum, maybe even lost their job for being careless.

    Finally contrary to popular belief things in this country aren't fair, people get screwed over every day. The public voice - our media are just as bad, so unless it suits them they wont get involved either.

    Meanwhile the rest of us will concentrate our time on watching for real bargains here. Sorry not being unkind, just trying to help you move on.

    • Jabba the Hutt on 11/11/2009 - 08:10
      +3

      The way people react with the victimhood mentality and sense of entitlement is cause for more cyncism. There are thousands of other problems desperate for this sort of passionate response from people concerned about the public good. Choosing to fight on this issue is pretty self-indulgent and lacking a sense of perspective.

    • Davo1111 on 11/11/2009 - 09:49
      +1

      +1 to everything ozpete said (except point 4).

      • [Deactivated] on 11/11/2009 - 09:56
        +1

        Ah you saw MY typo….. ROFL

        • holdenmg on 11/11/2009 - 10:26
          +3

          I'm thinking of a nice line of Bumper Stickers…

          "I got routed by Dell™"ⓒ

          "You are following another disgruntled Dell™ customer to
          an Apple Store™"ⓒ

          Limited run, sure to be a collectable…
          (I may have spelled routed incorrectly, a texta will be included with orders so "u" can alter it) :+)

          Postscript:
          I have had a lot of interest in the:

          "Dell™ customers are an endangered species - RSPCA"ⓒ
          (All proceeds to charity) :+)

      • inherentchoice on 11/11/2009 - 23:44

        Yeah I think everything Ozpete said is accurate except point 4. I guess Apple doesn't do a Dell though by making stupid pricing errors, but when you think about it perhaps all of Apple's products are pricing errors in their favour ;-)

  • mick123 on 11/11/2009 - 12:38
    +3

    I don't get people's attitude here. Some people's sense of entitlement is baffling.
    You found an item with an incorrect price. If one person tries to buy it, good on them, but when you are getting hundreds or thousands of people doing it, as one person said before, you are exploiting it!

    I don't particularly like Dell and the amount of mistakes I have seen from them is quite high, but most people would not know about these mistakes if it wasn't for this site, or others like it. PLUS - from what I can gather, this was not an advertised special.

    Dell either has refunded you (or will do) or not charged your credit card. End of story. Item is not yours.

    Nothing but a bunch of no-life whingers.

    "There are thousands of other problems desperate for this sort of passionate response from people concerned about the public good. Choosing to fight on this issue is pretty self-indulgent and lacking a sense of perspective" Jabba The Hutt

    Well said mate.

    • Davo1111 on 11/11/2009 - 12:56

      Dell makes too many mistakes for it not to be a shameless grab for free advertising. Ends up being consumers fighting the fight because its dell, rather than fighting for the issue. I'm in two minds about it, i hate dell with a passion (have just been to court against them), but at the same time they have enough lawyers and clauses/fine print to get them out of everything without being in breach of the TPA.

      • mick123 on 11/11/2009 - 12:59
        +1

        "a shameless grab for free advertising"

        Hi Davo, how is this advertising? They did not advertise the product for special/sale, and the backlash will harm them.
        I, like you, don't like Dell, but I dislike more, people who feel such a high sense of entitlement.

        • Davo1111 on 11/11/2009 - 13:08
          +1

          well they know everyone is going to post it on bargain sites/tech sites etc etc. They've just got massive amounts of traffic to their site. They got 6700 clicks from ozbargin alone, it was also posted on Whirlpool, lifehacker, OCAU, streetgeek, and wotnews. Even if a few people buy the router, or even buy a laptop… Dell have made money from their venture. Seems a pretty good marketing ploy to me.

          • mick123 on 11/11/2009 - 13:19

            @Davo1111: those are mainly visited by tech-savvy people. These people would know that this item for $20 is a steal, and most would have tried purchasing it.
            None of them got the item. Dell just pissed off thousands of people, most of whom, know their technology, and are consistent buyers of these items. That's not smart marketing.

            • Davo1111 on 11/11/2009 - 13:31

              @mick123: I wouldn't say ozbargin and whirpool are for tech savvy people, but anyway

              as the old saying goes "any publicity is good publicity", just look at events like the big brother "turkey slap" incident, they had a huge increase in ratings as a result. If they had edited that out, nobody would have known, and the show would have slowly died.

              EDIT: bbl few hours

              • zhenjie on 11/11/2009 - 13:41
                +2

                @Davo1111: I'm sorry Davo, to think 6000 hits is a big thing to Dell is laughable. That's miniscule traffic and I honestly doubt their marketing department has Ozbargain on their radar. Look at their Adwords and general advertising budget, they don't need to resort to pricing errors as a marketing plow. I honestly can not believe people think that, its like saying man never landed on the moon. Is it so hard to accept it was another pricing error? Why make it hard on YOURSELF and keep coming up with these conspiracy theories about Dell. Dell has gotten over this and I think whingers should as well.

                'any publicity is good publicity' is exactly as you say, and OLD saying. Its no longer true and relevant in todays world. Big Brother may have had a short term ratings boost but look at the long term ratings……massive and consistent decline.

                It's like saying John Howards 'children overboard' scandal was good publicity. It's simply not true. Look at the backlash this Dell deal has created. Its certainly not 'good publicity' to anybody.

                1; Dell made a pricing error
                2; it was found and posted on a few websites. Gaining the attention of a SMALL number of people
                3; Dell didn't take anybodies money, and didn't force anyone to buy a new product.
                4; Dell will make further pricing errors in the future. You can count on it.

                People seem to think they have targetted them or Ozbargain/bargain sites with these pricing errors. Its simply not true. Dell has better demographics to target.

                • Davo1111 on 11/11/2009 - 17:14

                  @zhenjie: zhenjie, i think i'm losing in the discussion here :P but i'll just quickly say a few things.

                  Dell has had this happen more than once before. They should have a quick line of code in all their orders that tests to see if the price is lower than their cost price. That would be the first thing i would "code" into the website.
                  obviously the money they make from this error is more beneficial than putting 5 lines of code into their website, otherwise the would have already changed it.

                  btw - For the record, i didn't purchase the router.

                • anthony on 11/11/2009 - 17:23

                  @zhenjie:

                  2; it was found and posted on a few websites.

                  Knowing that it was an error and not a real sale

            • dragonrabit on 15/11/2009 - 01:34

              @mick123: how do u know that is deal or not deal? i got example for dlink router that posted on ozbargain early this year for $49 from online computer? rrp 199. i was search on the internet at that time all of them average around 150.

              again how do u claim this is bargain? wrong price? or something else? no one can claim that is obvious mistake / pricing error until the company it self announce it.

              some people suspect this is pricing error again because of dell reputation. if this is the first time, people will believe this is genuine bargain.

              another example about router. i saw Dlink 604T advertised online from one of the website for 84. if u go to big retailer, average they are selling for 140. can you tell me. this is bargain or not? or this online computer just put wrong price?

              again. no one can judge this is pricing error or not until the company it self announce it.

  • earths_pacifist on 11/11/2009 - 12:52
    +1

    I am sorry Inherentchoice but I totally agree with zhenjie. Although that letter is beautifully written and has valid points in a lot of Dells circumstances i dont believe it does with this stuff up.

    Firstly this was found by accident - human error - and it wasnt advertised at all. So I dont think that they were intentionally trying to con anyone. And you are now trying to force them into providing this product at the incorrect price when you ordering the goods knowing that it was probably a pricing error. Dont you think that that is a bit of a scam.

    I am not saying that they dont deserve it and in most other circumstances would say go for it but technically you have no real legal leg to stand on.

  • mick123 on 11/11/2009 - 13:07
    +3

    May I also add, after a quick look at this Dell situation:

    1. Item was supposed to be $280.90, but was marked at $20.90. It is plain to see that this error can be made (although not sure why no-one proof-read it!).

    2. They are offering it for $229, which is $20 cheaper than any company on Static-Ice. So if you really did want this item, you can get it cheaper from Dell than other smaller companies. And if it really was something you were after, it is now a bargain for you.

    After noticing point 2 above, I have ZERO sympathy for any of you trying to milk this for $20. I hope you do take some legal action against Dell, and lose and are out of pocket!
    The courts and law are to help when someone has been wronged. Maybe there should be a law which allows Dell to countersue you all for attempted exploitation!!

    • zhenjie on 11/11/2009 - 13:43
      +1

      here here. People are quick to call Dell immoral and unethical, yet the individuals are the ones trying to exploit a deal below cost price, knowing full well its EXPLOITATION.

  • mick123 on 11/11/2009 - 15:35

    can thewinchester or someone please post the contents of the rapidshare file which I can't seem to access.

    • zhenjie on 11/11/2009 - 16:01
      +4

      yeah sure

      "Dear Dell,

      wah wah wah wah.

      Kind Regards,
      xxxx"

  • aldog on 11/11/2009 - 17:30
    +1

    Hi guys,

    Sorry but I'm with Davo and others on the matter - do you honestly think that Dell would give you the item at WAY below cost price?

    This is similar to the Kogan thread where they accidently stuffed up also.

    Honestly - GET OVER IT and move on - why bother wasting your time? Besides, your time in going to all this has probably nearly paid for the item!

    I wish anyone the best of luck in going for it.

  • inherentchoice on 11/11/2009 - 21:01
    +1

    I have to agree that we should move on. To be honest however I placed an order with the intention to use it as a means to actually see for myself how complaints about this kind of thing could turn out if you try to give yourself the best chance, and so far I’m glad I have this opportunity to give it a try.

    I think it’s interesting to read the comments in here, and you make some very good points. I know you've been saying it all along, but I have to admit that, as much as Dell might be able to, they sadly won't be forfeiting me one of the routers for $20.90. Nonetheless I still intend to make a complaint about them via the relevant authorities, even if it’s only two sentences to say they’ve made false and misleading claims, and as this is becoming quite a pattern, further action may be warranted as their conduct is suggestive of a deceptive bait and switch…

    Anyhow, if nothing else I like to think we've left Dell with a message to be more careful so as to not mislead us with a price they won't honour.

    If anyone's interested, I actually did get the courtesy of a call from a Dell representative this afternoon after I sent a message like the one I drafted above. I’m not sure if he’s a lawyer but he started by talking about ‘invitation to treat’, ‘due diligence’ and ‘right to say no’. He basically gave a strong message that their refusal is within their rights. I of course again explained that it was another product available for purchase on the dell website and their choice not to honour it makes a false and misleading representation which I’m looking to report to the authorities and/or media. I said to him to let me know if they change their mind as I’d be glad to withdraw any complaint, but he confirmed that they won’t be changing their position. He also said he wouldn’t send this in writing as everything was communicated in their email already.

  • [Deactivated] on 11/11/2009 - 22:50

    The most amazing thing about this and past episodes is that DELL being a computer company could just simple put in some code to their inventory/sales system to say, if the price listed is below cost, the another and more senior manager is alerted to the fact and has to approve of this new price before in can be live to the world … But hey that means being customer focussed

    • inherentchoice on 11/11/2009 - 22:54

      It would still rely on someone to enter the correct cost price.

      • dragonrabit on 15/11/2009 - 01:39
        +1

        most of the invoice or price list from the supplier send via email. may be some still do via fax. when they got via email, they should be able to extract this data without manually input.
        it is a matter how their internal system work smart or not. in this case not. sorry dell. i am telling you the truth :(

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