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  1. #1
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    When is a computer you thought you owned not your own!

    I thought you might like to know a strange thing that has just happened to me.

    I bought back in 2008 a Dell computer, via eBay. Just after buying it I purchased direct from Dell, extended warranty. Over the years I have had Dell engineers out a number of times to repair it under the warranty.

    This last week it has gone wrong again, and I am getting near to the end of the extended warranty, which I can't extend any further. An engineer came out, but was unable to sort it out, so I had expected the engineer to come again today.

    Last evening Dell telephoned me and said that an engineer will not be coming and they informed that in fact this machine, is not mine but it belongs to Dell, and that they want it back.

    How come I asked them that in nearly five years this issue has not been mentioned?

    I had a phone call from them again this morning confirming that they want it back and that not only do they want it back, but it has to be in the same condition as they sold it to the original person. Which is different to the conditon I received it in!

    I am of course going to seek advice from the CAB, but thought it was rather interesting, especially as they have taken nearly five years to claim it back. Sadly after all this time I don't have a receipt, and am certain I can't get anything via eBay that far back.

    I could not get the guy from Dell to understand that after all this time that I don't have the receipt and could not remember how much it cost. Heck after five years would anyone remember how much they paid for something, I doubt it! But he just didn't want to know!

  2. #2
    Premium Member Tetris Champion, Space Invaders Champion, Asteroids Champion, Mini KickUps Champion
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    hi James

    Firstly contact ebay and ask them to supply you with all the transaction details for this computer. They will have it and will have to provide it.

    I am not a lawyer but I would guess that either the company you purchased from went into liquidation (or similar) or plainly screwed Dell over so effectively and without you knowing you purchased stolen goods. Many companies (including myself) clearly state that the item belongs to my company until the invoice is paid even if it is sold on to a third party. My lawyer friend did state that although that is in my t&c's that it may not be realistically enforceable.

    Lastly, I would write to Dell (do not email or call just so you can slow the process down), and ask them to prove their claim on the machine. You can state that you are waiting on ebay to provide you with the relevant documentation but without evidence from them how do you know its their machine?

  3. #3
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    Hi thanks for your reply,

    How do I contact Ebay, I have tried to go to their contact us page, and can't find a way through that.

    There is no email facility either.

    Also after five years would they have the records, thought that they were deleted after 90 days?

    James

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    Oh and your point about Dell proving it is their machine - when I asked the guy on th ephone for proff that it is their machine, he said that they don't have to prove it!

  5. #5
    Premium Member Tetris Champion, Space Invaders Champion, Asteroids Champion, Mini KickUps Champion
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    I would telephone Ebay and I am sure they keep their records. After all your feedback score will go that far back and I assume you can look at the feedback and click on the item relating to it.

    If it were me I would say to Dell the following:

    "Funnily enough, someone else has just laid claim to this machine as well, so how do I know which one of you is telling the truth?"

    As I say, I am no lawyer but if it were me I would simply say that unless they can provide evidence that this machine belongs to them then I will not entertain any conversation about ownership.

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    I hadn't thought about the feedback, will have a look through.

    Dell have also told me that they are suspending my account and that other machines I have with warranty on them will not be honoured whilst this is going on!

  7. #7
    Premium Member Tetris Champion, Space Invaders Champion, Asteroids Champion, Mini KickUps Champion
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    Fine, but I would point out to them that if you do need an engineer while this is going on that you will seek to recover any third party costs incurred due to their refusal.

    I think you may need a chat with a lawyer. One letter from them may make the whole thing go away.

    Absolutely hate the way big companies do business these days.

  8. #8
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    Yes, I used to work doing Dell repairs and they don't treat their engineers, who are not actually employed by Dell, but through other companies, so are self-employed, very well at all. On one occasion I was told point blank, by one of the Dell call centre engineers in India, that they don't trust us and don't believe us!

    Am having a look through my feedback, but by now all that I can see is the listing number and am not sure how to get old listings, which I am certain are now deleted anyway, up.

  9. #9
    Super Moderator Paul's Avatar
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    If you remember rough date then you can have a look in paypal account. If you see the price that look like one you could pay then it should have some reference with it.

    To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
    <-- How To Print Stuff BLOG

  10. #10
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    Was about to say exactly that Paul....Paypal allows you to search back to your account being opened. I would have thought that this would fall under the same category as non-payment of debt..in Scotland after 5 years they can still chase you but you don't have to pay it back (okay, I've skipped a few steps there.....but that's basically what it means....in England it's 6 years.....but a company shouldn't be able to claim back this item after 5 years.....they should chase the ebay seller through the courts!!

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