Problems with Dell Financial service

Ask a Lawyer

Question

Country: United States of America
State: All States/ProvincesI purchased a dell computer online and used dell's financial service in purchasing the laptop. There are two issues: 1) the computer has had Physical (mechanical and software) issues from the beginning (one of which is that only one shift key works with a limited set of key strokes); and 2) dell financial service representatives misrepresented what they were able to do with my account and how the account actually works. As of this month, I stopped payments. This past month I filed a complaint with the better business bureau (BBB).
1) I attempted to resolve the issues within the first 30 days of purchase. They requested forms and routed me to different tech-support departments and even requested that I dismantle the computer to check the cd drive myself. Exasperated with the lack of help, I asked about a return policy and they informed me it was too late. It was not too late - over 21 days - when I began to ask for assistance.
2) When signing up with dell financial services (DFS), I asked to set it up so that I may pay anytime within the month because I travel and do not receive statements nor can I rely on internet access. I have not missed a payment and yet the bills show that I owe nearly $300 over the original cost. on three separate occasions I was assured by the representative that the account had been cleared up. Their misrepresenting the situation has placed me in a very difficult situation. Because dell has not agreed to fairly solve the financial discrepancy, I am prepared to send the computer back. However, I feel that I should have some legal claim prepared for their recourse. I have a years worth of emails and payment spreadsheets showing that I have not missed a monthly payment.

Answer

Based on what you say here, you could probably file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney.you could try to collect all of the costs and damages that you suffered due to their behavior.