I advocate for a man who wishes to remain anonymous.in order to protect his identity we have agreed to call him David.
David's Dell laptop broke down in October. David rejected Dell's proposal of repairing it himself with a screwdriver with their online support as he had been advised by a third party that he might void the warranty. Having looked at blogs writing on Dell we notice that others have also been advised to DIY-repair with screwdrivers.
David persisted in getting someone to repair the laptop according to the warranty agreement. Techmobile in Stornoway (Western Isles) then repaired the laptop. However, the repairman deleted Microsoft Office. Techmobile advised David that he would have to pay 95 for a replacement CD with the Microsoft software on it that Dell appeared not to have dispatched at the time of purchase in 2009 in accordance with Dell's contract with its client. David complained to Dell about this and was promised the software on CD as a 'goodwill gesture.' This did not arrive.
The power lead then fused in January. David contacted Dell who promised to come back to him within 24 hours but they never did. David then took the laptop to Information Technology Systems (ITS) in Lerwick on 24th August telling them that something in the computer had fused. He was told by a man called Ben that ITS repaired for Dell. David has a speech impediment and Ben agreed to call Dell on his behalf.
It was agreed that David should return to ITS in a week's time. David lives 50 miles from Lerwick in the Shetland Islands. When he returned to the shop on 2nd September he was told by Ben that he had still not made the call to Dell because he had been too busy. David returned again on 8th September and was again told that Ben had not made the call to Dell about its being repaired because "he had been too busy." David then approached someone in authority from the council to advocate for him.
Following this intervention David heard by email dated 13th October that Ben of ITS had reported that the laptop was working and that "Ben wondered whether there was a problem with your power cord." David has a note that he said to ITS on 24th August that he believed the computer had fused. It therefore took ITS 6 weeks to advise David of something that he had told them. David was then advised that he would have to pay for the postage to have the Dell laptop returned, on the basis that it still wasn't clear that it would work when he got it back.
The advocate also told David that she had contacted Dell on his behalf and had been advised that the CD with the Microsoft software on it had been dispatched as a 'good will' gesture by Dell and that if he hadn't received it he would have to pay 39 for a replacement. David remembers a note from the postman waiting for him when he returned to his former home having been away for a while saying that there had been a package waiting at the postoffice. David had been unable to collect the package within the specified time frame.
There have also been many online chats between David and Dell in which promises to resolve the problems have taken place. I am able to post these saved online chats upon request.
Having read the blogs written by other clients of Dell who had had problems we found Mr Michael Dell's email address in Texas. David decided to email Mr Michael Dell on 20th October. Having listed the above concerns Mr Dell's colleague, Mr Jacob Isaacs, emailed back on his behalf. He agreed to send a new power cord and a 'product key' last year instead of the promised Microsoft Office software on CD which David had been promised. Having received the power cord from Dell David returned to ITS to collect the laptop on 5th January. David, however, has been unable to use the 'product key'. On 14th January he emailed a further agent at Dell. The following is the final part of the transcript of the conversation:
Agent (raghava_reddy_varala): "I am so sorry for the Inconvenience caused and i also understand your concern"
01/14 03:11: 41PM David: "you have just sent me a disclaimer or something - are you still there?"
01/14 03:11: 53PM Agent (raghava_reddy_varala): "yes i am, please ignore that"
01/14 03:11: 58PM Agent (raghava_reddy_varala): "It was not meant for you"
01/14 03:12: 04PM David: "OK"
01/14 03:12: 07PM David: "not to worry"
01/14 03:12: 31PM Agent (raghava_reddy_varala): "I will check with the concerned department and arrange e mail support"
01/14 03:12: 42PM David: "will this be today?"
01/14 03:12: 47PM Agent (raghava_reddy_varala): "I could have done right now but the technical support is closed"
01/14 03:12: 52PM Agent (raghava_reddy_varala): "during the week ends"
01/14 03:13: 04PM Agent (raghava_reddy_varala): "They work during the week days"
01/14 03:13: 11PM David: "OK so I wil have to wait until during the week"
01/14 03:14: 13PM Agent (raghava_reddy_varala): "we will contact you as soon as possible"
01/14 03:14: 21PM Agent (raghava_reddy_varala): "and help you resolve the Query"
01/14 03:14: 21PM David: "OK"
01/14 03:14: 46PM David: "well, quite a few from Dell have said this to me over the past year and a half and it hasn't happened"
01/14 03:14: 50PM David: "but maybe this time it will"
01/14 03:14: 52PM David: "thank you anyway"
01/14 03:15: 29PM Agent (raghava_reddy_varala): "It will definitely happen this time David"
It had been agreed that email support would be made available because of David's speech impediment which he mentioned in another part of the conversation.
Nobody did come back to David from Technical Support. David then emailed Mr Isaac again on 3rd July. This was also due to a technical fault with the computer. He sent the following email:
"Dear Mr Isaac
I refer you to previous emails between us in regard to my Dell laptop.
The laptop was finally returned to me in January of this year, my having submitted it for repair at a shop in Lerwick Scotland in August of last year.
I received the product key that you had sent to me to activate Microsoft. When I went online I was unable to understand how to make it work. I therefore contacted Dell on 14th January of this year in order to get someone from Dell to assist me. I was told that someone would come back to me to help but nobody did. I enclose the transcript of the conversation (see above).
Since I have received my laptop there have been other problems. When I have been working online the system often does not follow commands. I might press 'return' and I will get one of my files in the system when I am trying to respond in chat. It happens frequently. I therefore need to get this repaired under warranty. I would therefore request information on how to get this repaired given what happened last summer.
I would also request that I be permitted to submit the product key along with the laptop when it goes in for repair so that what was promised to me 14th January finally happens. Namely that someone working for Dell does assist in enabling the product key to function so that I can get Microsoft back. It is nearly 2 years since your repair person from Stornoway took Microsoft off when he was repairing the laptop and told me that I would have to buy a CD with Microsoft on it at a cost of 95 to reinstall it.
Thank you
David"
David received the following response:
"Thank you for your email.
I would request that you contact the Dell technical support who would be more than happy to assist you in setting up the required service. However from the contents of your email I would suggest you to contact the Dell software support team who will assist you in the issues that you face and also help in installing the MS Office application on the system and activating the same using the product key that was sent to you.
The contact number for this Dell software support is: 0844 444 3274
Kindly note that software support is a paid support irrespective of whether the system is in warranty on not"
Mr Isaac has advised David to make a telephone call yet on 25th October he mentioned in an email to Mr Isaac that:
"On 10 August I was to meet with a priest in Lerwick who was to speak with someone on my behalf from Dell. This was because of my speech impediment."
David had been in contact with a Ms Mandip Yapandawall from Dell who had agreed to call his priest at 11.15 am on 10th August. Ms Yapandawall did not call his priest on 10th August at 11.15 am
Problems with Dell for David began when he purchased his laptop in September. The computer did not arrive on time and when he made his purchase he was not made aware that within one month Windows 7 was to replace Windows Vista. Windows Vista was the software he was advised would be on the computer when it arrived. When David was given a postal address to which he could write a complaint, having tried in vain to complain online to other Dell agents, he received no reply. When David emailed Mr Isaac for a more responsive address to which he could complain about his current difficulties Mr Isaac simply gave him the same address in Cairn Road, Bracknell, UK, even though he was aware that nobody had replied to his first complaint when it had been sent to that very address.
We would like Dell to do the following to resolve this complaint:
1. To send David the Microsoft Office software on CD as was agreed in 2010 so that his computer functions as per the contract when he purchased his laptop in 2009;
2. To repair his laptop in light of current technical problems to fully functioning capacity;
3. To make an apology;
4. To substantially improve Dell's customer service for other customers;
5. To make an award of financial compensation to David which reflects the following:
I) stress and anxiety caused by loss of enjoyment or loss of time experienced over a period of almost 2 years because of the removal of software enabling him full use of his laptop and the failure to respond appropriately and in reasonable time to his complaint;
Ii) loss of use of equipment that was purchased in part as a means of communication for David by being able to type onto a screen what he needs to say. David needs his computer to talk to his doctor for example when he visits her;
Iii) loss of time in excess of 60 hours by writing emails, online chats to Dell, getting friends to call legal advisers, writing to consumer advice centres like Citizens Advice Bureaux, travelling to and from repair shops, getting to and from public internet access points;
Iv) financial cost of having to pay to access public internet services, postage of letters to consumer advice centres like Citizens Advice Bureaux, and cost of telephone calls to legal advisers, having to use Royal Mail to send hand written letters when it was not possible to use email;
V) the severe frustration caused by seriously poor customer service and maladministration leaving David wondering if he is ever going to get resolved the issues that he approached Dell about nearly two years ago.
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