• Report: #143423

Complaint Review: Dell Computer

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  • Submitted: Thu, May 19, 2005
  • Updated: Thu, June 02, 2005

  • Reported By:Bellevue Nebraska
Dell Computer
One Dell Way Round Rock, Texas U.S.A.

Dell Computer ripoff I detrimentally relied on Dell's promises and they stole my hard drive Round Rock Texas

*Consumer Suggestion: Unfair and Deceptive Practices

*Consumer Suggestion: Backups Would you blame the hard drive manufacturer if the hard drive failed and all your data was gone?

*Author of original report: Re:Dell, Maria in Methuen I need a lawyer

*Consumer Comment: Dell is a disgrace

*Consumer Comment: Dell is a disgrace

*Consumer Suggestion: Welcome to the Club I have an ongoing similar situation.

*Consumer Suggestion: Welcome to the Club I have an ongoing similar situation.

*Consumer Suggestion: Welcome to the Club I have an ongoing similar situation.

*UPDATE EX-employee responds: The Truth about Dell/Spherion

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I sent this letter to Dell on Wednesday May 18th to their corporate legal fax:

Service Tag HM2G***, Incident # 904974

I sent my laptop to Dell for Warranty work. The whole system crashed. It wouldn't connect to the internet, it wouldn't read the drives, and it wouldn't allow plug ins. The crash prevented me from backing up any information, notes, or programs. (It would not read the zip drive or connect to e-mail the work on the computer.) My passwords to Lexis Nexis and Westlaw were stored on my computer. All of my papers, the Microsoft office from the school, and numerous other items.

A few days before the system came back, we received a call. The call stated that the hard drive was completely intact and all information was on it. We believed the technical support person. Our mistake. (We were told to send the hard drive because "It would take too long to explain how to remove it.)

Yesterday the computer came back. It came back without a DVD-RW, without a power cord, and without the hard drive. Dell now has all my Law School work, including papers and free access to Lexis Nexis and Westlaw.My husband called them at 5p.m., speaking with a lady named Monesha. They gave him an option of sending a new hard drive or a new computer. He said he had to talk to me. Moneshal said they would call back. They were 30 minutes late calling back at 7:15.

When Monesha finally called back, she got her supervisor Sarvesh for the call. During the 7:15 call, Sarvesh talked with my husband and said he would call back in 1/2 hour (7:45). Mark, my husband, told him "Now don't tell me you are going to call back in 1/2 hour if you never plan to." Sarvesh promised to call by 7:45. He also informed us that there are no worries as the hard drive would never leave dell. Mark told him theat it should be very easy to send back to us then. He never called back.

I got on the live chat and the Kulwant said the depot's records said it was impossible to trace.

Well, at 8:30 we tried calling them back.As of 9:55 tonight, we have been transferred by a man named Simon and subsequently sat on hold. (Wesat on hold for 1 hour and 45 minutes.) I called the Dell orders desk and asked for the corporate number (1-512-338-4400) and told Joseph Nobles what was going on. He said someone would call back by 12p.m. today. No call came. He reported this as incident # 904974

Offering me a new computer does not fix what has happened. We could not back up the programs or information because the thumb-drive and internet did not work (no way to send or save). We were told to send the hard drive with the computer, so we didn't keep it. When they called to say it was being sent back, they said everything was saved and the computer worked fine.

I now have:

an incomplete computer (no hard drive, no power cable, and no dvd-rw)

loss of 9 months worth of law school paperwork ( notes, bar exam review, memorandums and motion briefs) (I don't know how you put a vlue on this. 36000$ in tuition is what I paid and I don't know what you would think my time was worth.)

loss of symantec corporate (I only get to have this once from the school and must now pay 100$ for it)

Loss of Microsoft Office Professional (I only get this once for the school and now must pay 499$)

Loss of 112 i-tunes downloads (these I know are worth 112$)

Loss of unlimited password access to Lexis-Nexis and Westlaw (These are very expensive programs that cost hundreds of thousands to law firms. I am attempting to see if I can get new ones and have these cancelled. I MUST have these for law school.)

Tell me what I can do. I need some help. We are hitting a brick wall. No one will give us the legal departments number. I bought the computer last June and have had nothing but problems and now this one fatal crash really did turn out to be fatal. I would understand if the hard drive had been damamged, but we were informed it wasn't. We were also informed the information was saved. Right now my husband is on the phone with customer care (Jomine) and they said they will send only a new hard drive with Norton. This is in no way acceptable.

I have detrimentally relied upon your promises to fix this computer. I realize that someone lost/stole the hard drive. So, I will offer you some relief in not having to find my hard drive. I am making this demand:

1-My computer replaced. Complete, intact, an exact mirror of my order from June 2004. (With a 1 year warranty.)

2-Symantec Corporate and Microsoft Office Professional reinstalled on my computer.

3-A letter stating that you have "lost" my harddrive so that I may submit it to Lexis Nexis and Westlaw to hopefully obtain new passwords.

4-A $10000 credit towards Dell for the detrimental reliance on your promises, the failure to fulfill your obligations, the ineptitude of the numerous departments, and theft of my work product.

I will then release Dell from any misapproprate representation that their representatives have made. Please phone by no later then Friday, May 20, 2005, 5p.m. central time. If no call is received, I will proceed with asking my legal counsel to file a claim for theft, detrimental reliance, among other issues. I am less then pleased with what has happened. As a law student, I will only promise to obtain the resources tto correct this travesty.

Signed XXXX
On May 19th, I sat on hold for 45 minutes, was told "off the record" by global security that I might want to hifre a lawyer and that filing a report of theft might be appropriate. So, I went ahead and filed a report of theft, left messages for attorney, spoke to my law school professors, and will not allow them the chance to respond by Friday evening. They have recanted that they will do anything for me.

My computer is apparently supposed to remain as is, no hard drive, no power, and no dvd-rw. I have a shell and a keyboard and 2700$ down the drain. We picked dell because of the "rave reviews" of their customer service. Boy were we wrong. I f they would just fix their problems, it would cost them a lot less then forcing people to drag them in to court.

Jamie
Bellevue, Nebraska
U.S.A.

Click here to read other Rip Off Reports on DELL

This report was posted on Ripoff Report on 05/19/2005 10:44 PM and is a permanent record located here: http://www.ripoffreport.com/r/Dell-Computer/Round-Rock-Texas-78682/Dell-Computer-ripoff-I-detrimentally-relied-on-Dells-promises-and-they-stole-my-hard-driv-143423. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
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Updates & Rebuttals

#1 Consumer Suggestion

Unfair and Deceptive Practices

AUTHOR: Maria - (U.S.A.)

Dear Jamie, filing with the attorney general is the proper first step to take. The attorney general may move forward on your complaint against Dell, they have that power. If not, your next step is to read the state statute for unfair and deceptive practices.

In 2003 Nebraska adopted or revised, Nebraska State Statutes Uniform Deceptive Trade Practices Act look through sections 87-302, etc. and see you will see the attorney general's powers under there and other steps you may take to proceed. Remember, patience is a virtue, because although, the justice system works it takes time and preserverance to prevail.

You really don't require an attorney at this time, as these steps may be taken by consumers and consumers should be aware of their rights against companies that practice unfairly and the avenues they can take to deter these practices.

If for some reason you go forward in the court, you may then want to consider an attorney, however, at this juncture you have a procedural path to follow, that is the key to justice.
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#2 Consumer Suggestion

Backups Would you blame the hard drive manufacturer if the hard drive failed and all your data was gone?

AUTHOR: Josh - (U.S.A.)

You know what? This is 100% your fault. If you really had valuable information on the hard drive, you should have backed it up onto a CD or DVD or another computer well before it failed. It's not Dell's responsibility to do your job for you. Would you blame the hard drive manufacturer if the hard drive failed and all your data was gone?

Furthermore, you could have taken the computer to a local shop and had them read your hard drive. Dell explicitly states that they are not responsible for loss of data. If you choose to ignore that warning, it's your own fault.
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#3 Author of original report

Re:Dell, Maria in Methuen I need a lawyer

AUTHOR: Jamie - (U.S.A.)

I went ahaead and contacted the Attorney General of Nebraska. I need an attorney regarding the matter with Dell. Dell, after giving the numerous runarounds of "we lost", "we can't find", "it's been destroyed, but we have no proof", has forced me to sit on hold/be transferred for 14 hours. Dinah, at Dell, called back yesterday at 3p.m. to say "they were still checking on it".

Their offer, after recanting the offer of a new computer and 100$ gift certificate, is a rebuilt/used hard drive and Symantec. I refused. Why should I accept a used/rebuilt harddrive, DVD-RW, and Power cord, when I know mine was in perfect condition. I refused their offer. In no way does this protect or compensate me. I know see I am not the only one in this situation. Any person you could recommend to pursue this matter would be appreciated. Please contact me ASAP thru Rip-off Reprot..

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#4 Consumer Comment

Dell is a disgrace

AUTHOR: John - (U.S.A.)

I sympathise with you. Dell is a disgrace. My daughter started college 2 years ago and she was told she needed a laptop computer.The University had a relationship with Dell and recommended we buy the computer through them. We did. Big mistake. In the two years she has had the laptop it has broken 5 times all because of the same part.We had an extended warranty and Dell fixed it the first four times on the warranty.Fifth time,they lost? our warranty and we had to pay $ 230 to get it fixed.

The Service technicians can barely speak english,the wait times to get through to them are horrendous and when you finally get someone they can't help you.

I'll never buy another Dell product.
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#5 Consumer Comment

Dell is a disgrace

AUTHOR: John - (U.S.A.)

I sympathise with you. Dell is a disgrace. My daughter started college 2 years ago and she was told she needed a laptop computer.The University had a relationship with Dell and recommended we buy the computer through them. We did. Big mistake. In the two years she has had the laptop it has broken 5 times all because of the same part.We had an extended warranty and Dell fixed it the first four times on the warranty.Fifth time,they lost? our warranty and we had to pay $ 230 to get it fixed.

The Service technicians can barely speak english,the wait times to get through to them are horrendous and when you finally get someone they can't help you.

I'll never buy another Dell product.
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#6 Consumer Suggestion

Welcome to the Club I have an ongoing similar situation.

AUTHOR: Maria - (U.S.A.)

Dear Sister: I understand you plight, as I have an ongoing similar situation. I am an attorney in Massachusetts and I forwarded a 30-day demand for relief, upon Dell, to no avail. Thereafter, I filed a civil suit. We had one case management conference which was a waste of valuable time. In any event, there is a pre-trial conference scheduled for Sept. 2005.

My suggestion to you is to follow suit, in Mass it is known as the Mass.Gen.Laws 93A for unfair and deceptive practices. You must have a similar statute in your state. As you probably aready now, send it certified and regular mail. You may want to also report it to the attorney general in your state. There are also federal statutes.

In addition, I filed counts under the UCC, which in Mass is Chap 206, points to same. There is also a class action against Dell federal and state in California for multiple counts and deceptive practices, ect. Remember, as you probably already know, it is fustrating b/c time expended, and months drag out, but don't give up the fight b/c that is what will put a mark against Dell.

Dell is hoping consumers will become fustrated and give that fight up. I am assuming that you have these drive considering the profession you have choosen. Please let me know how you make out via response to this site. Don't give up, we can make a change.
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#7 Consumer Suggestion

Welcome to the Club I have an ongoing similar situation.

AUTHOR: Maria - (U.S.A.)

Dear Sister: I understand you plight, as I have an ongoing similar situation. I am an attorney in Massachusetts and I forwarded a 30-day demand for relief, upon Dell, to no avail. Thereafter, I filed a civil suit. We had one case management conference which was a waste of valuable time. In any event, there is a pre-trial conference scheduled for Sept. 2005.

My suggestion to you is to follow suit, in Mass it is known as the Mass.Gen.Laws 93A for unfair and deceptive practices. You must have a similar statute in your state. As you probably aready now, send it certified and regular mail. You may want to also report it to the attorney general in your state. There are also federal statutes.

In addition, I filed counts under the UCC, which in Mass is Chap 206, points to same. There is also a class action against Dell federal and state in California for multiple counts and deceptive practices, ect. Remember, as you probably already know, it is fustrating b/c time expended, and months drag out, but don't give up the fight b/c that is what will put a mark against Dell.

Dell is hoping consumers will become fustrated and give that fight up. I am assuming that you have these drive considering the profession you have choosen. Please let me know how you make out via response to this site. Don't give up, we can make a change.
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#8 Consumer Suggestion

Welcome to the Club I have an ongoing similar situation.

AUTHOR: Maria - (U.S.A.)

Dear Sister: I understand you plight, as I have an ongoing similar situation. I am an attorney in Massachusetts and I forwarded a 30-day demand for relief, upon Dell, to no avail. Thereafter, I filed a civil suit. We had one case management conference which was a waste of valuable time. In any event, there is a pre-trial conference scheduled for Sept. 2005.

My suggestion to you is to follow suit, in Mass it is known as the Mass.Gen.Laws 93A for unfair and deceptive practices. You must have a similar statute in your state. As you probably aready now, send it certified and regular mail. You may want to also report it to the attorney general in your state. There are also federal statutes.

In addition, I filed counts under the UCC, which in Mass is Chap 206, points to same. There is also a class action against Dell federal and state in California for multiple counts and deceptive practices, ect. Remember, as you probably already know, it is fustrating b/c time expended, and months drag out, but don't give up the fight b/c that is what will put a mark against Dell.

Dell is hoping consumers will become fustrated and give that fight up. I am assuming that you have these drive considering the profession you have choosen. Please let me know how you make out via response to this site. Don't give up, we can make a change.
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#9 UPDATE EX-employee responds

The Truth about Dell/Spherion

AUTHOR: John - (U.S.A.)

I want everyone to know the truth about Dell Computer Corporation based in Austin, TX. In about 2000 they opened up offices here in Nashville, TN and Lebanon, TN doing the same thing they do in Austin, TX

Most of Dell's employees are NOT Dell employees at all. They work through a temp agency, one mostly used called Spherion in which they hire temps for 90 days, keep them, and let them go. This way they dont have to pay benefits and etc...

Here in Nashville there are two Spherion Temp offices which are 100% dedicated to DELL only, they are NOT used for anything else or any other company, JUST DELL. Dell is sooooo very crooked and evil its not even funny.

The things they tried to teach me and tell me to do were just so morally wrong. If you dont have enough service plans sold which are extended warranties, or add on items such as a printer, camera, or etc.. then you will be terminated via your temp agency Sherion.

One day while working, through Spherion of course on my team, nothing but Spherion reps, or course it was time for my whole team to go on a 15 min. break and I was on the phone with a customer trying to sell a computer in hopes of one day getting to be hired on by Dell fulltime, which is near impossible.

So my whole team went on break and I was still on the phone with a customer telling them about all the different lines, models, types, and time went by, 15 minutes passed, and my team comes back from their break, and I am still on the phone with this customer.

After I get off the phone with the customer, I ask the Coach on the team who assists the manager of the team who works for Dell if I could go on break because I was unable to go because I was on the phone with a customer.

He tells me that I need to priortize my calls and manage my time better, and tells me to go on break, but the next time that I won't get one. I swear to GOD and my life that this is true and fact, and will so wear on a stack of Bibles on this one.

All Dell does is provide false hopes about a secure job. It is one of the most stressful jobs I have ever had in my entire life. Everytime one of those Spherion Reps comes over to your section and you see them coming you have a quick panic attack and think are you next to be fired? Kinda like the same feeling are you going to be the lucky feeder mouse to get fed to the snake.

After my 3 month trial basically with Dell, One Friday morning I get pulled into a room, they shut the door and precede to tell me that my numbers are low and Dell wants my assignment to end with the temp agency.

I had never ever been fired before from a job, I sat there for the longest crying my eyes out unable to figure what I did wrong. The only thing you could do is to ask God to help you get the strength to pull through it.

This was 4 years ago this happened to be back in 2001, and believe it or not but I am starting to cry now as I write this because I have and still have friends that I cant warn in time not to go there and have this to happen to them.

I dont know how the Execs and CEO of Dell and Spherion can sleep with themselves at night doing this to people. Dell rates you on whats called metrics and close rates.
Your close rate is how many computers you sold divided by the number of incoming calls you received.

You cannot control your incoming calls because some calls could be an acutal customer wanting to buy a computer, you could get wrong numbers, transfer extensions, someone needing tech support, someone needing to talk about their financing bill, or calls dropped and all that counts against you. It is near impossible for EVERYONE working for DELL to deliver what they want.
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