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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a Dell Laptop from a reseller of Manufacturer Refurbished

Customer Question

I purchased a Dell Laptop from a reseller of Manufacturer Refurbished Dell machines, complete with a 12-month warranty supplied by Dell. I then completed an ownership transfer request so that the laptop ownership and associated warranty passed over to myself. After a few technical issues and a couple of call-outs Dell suggested that the best thing to do would be for them to replace the laptop. However as it was not originally new they could not do a like for like swap and so the process would be for me to send the machine back to them for a refund and then purchase a different machine with the refunded cash. They rang me up to inform me that the refund had been processed but it then transpired that the money had been sent to the original owner, and not me. I believe they should have at least informed me that this would be the case (I would obviously have told them that that would not work). What can I do now? Dell insist it is up to me to try and get the money from the reseller whereas I believe they have made a mistake and the onus is on them to retrieve their losses from the reseller and simultaneously to pay me the long overdue refund.
Many Thanks,
Peter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Peter my name is ***** ***** I will help you
Has the old owner refused to pay?
Customer: replied 2 years ago.
Neither, I have emailed the business but they are on a summer break until the end of august so I wanted both outcomes covered. Additionally the money paid by dell will be the wholesale price, around £100 lower than the retail price. Does the retailer have an obligation to refund the whole retail sales price? It seems to me that if I'd gone through the retailer then they would return the machine to dell and get back this money anyway so basically be in an identical position to where we are now?
Peter
Expert:  Ash replied 2 years ago.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
But are they obliged to refund me what I paid for it from them retail, or the money that has been sent back to them from Dell (the wholesale price) approx £750 versus £650.
Expert:  Ash replied 2 years ago.
What you paid for it.
Does that help?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex