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ruthteen | Can I sue Dell for charging me twice and not paying me back? |
I called Dell for them to fix my LCD screen, so they have to send me a box for me to send it to them....I sent them a check, and I call back 4 days later, and DELL says to me "we have not received your check, the whole order was cancelled, lets make another order again", but this time, I gave them my DEBIT authorization for $323.67....then next day I go to the bank and find out that DELL deposited my check AND authorized, charging me double ($647.67) leaving me NEGATIVE with NSF charges in my bank for every time I use my card...not knowing I was in negative I've used my card to buy gas and such. I called Dell immediately and they said they'd send me a check for my refund in 5-10 business days....its been 3 weeks, and nothing. My question is, because I don't have any money-being a 19yr-female-college-stuent- can I sue them plus the money its going to take me to pay the lawyers? For wasting my time and money. Making it $323.67 + NSF charges ($36x(# times I used my card) + $$$for lawyers? |
 |
 
C O
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Reverse the charge at the bank by disputing it. That's what you should have done in the beginning when you found out what happened. You should have stopped payment on the check before giving out your debit information.
Write them a letter certified mail, go on the web site and get the name of the controller or the CEO and send it to them. Tell them of the problem and that you want compensated for the damages that the problem has caused you. Send them a copy of your bank statement showing the debt and the NSF charges resulting from the error they made and give them 10 business days to respond, letting them know that you are willing to take them to court if the matter is not settled within a reasonable period of time. That usually works for me. I've always received a positive response. |
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Tweety
 |
Okay, this is easy. The same thing happened to me about 3 months ago with the gas company. I paid my gas bill on the phone with a check, but he said I would have to wait until the check cleared for them to restore my service. So I said that I did not want to do the check payment, let's do the credit card since that will post right away. A week later my account was negative because they had charged me $1,238 x 2 = $2,476. I tried to work with them, but they were telling me that I had to wait 10 days for the check to be refunded. Then before that situation was even cleared up they "accidentally" charged my account $864.00, but reversed the charges immediately. But, I had a credit on my account for $864.00 That was not going to work for me because that amount came out of my already negative (their fault) checking account. I was livid. I ended up calling the Illinois Commerce Commission and filing a claim. They immediately got on the gas company's case. They refunded every penny they had over charged me PLUS MY NSF CHARGES!!!!!!!!!! Don't give up. Stick with it. It is worth it in the end. Don't settle for any credits or any of that. Make sure they pay you back in the form of a check for every inconvenience they have caused you. |
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jmt4127
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If someone can sue mcdonalds for getting fat from eating their food, than you can sue dell;) |
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*Ginelle*
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I'm certain if you provide the necessary documentation to Dell they will be more than happy to refund the double charge & NSF charges.
It is certainly your choice if you'd like to consult an attorney. However, how much damages are we looking at exactly? It might end up costing you more to pay an attorney than what you are claiming. Besides, you have to take all steps to resolve before you pursue legally otherwise, you wouldn't be entitled to reimbursement of your legal expenses.
You need confirmation on your requests and responses. Make sure you put your demands in wiriting. You would need this for your lawsuit. Document when you called and everything.
Hope everything goes well. |
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webworm90
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You might want to go into the bank and see if they can charge dell back. Do this as soon as possible. Explain to the bank that dell tricked and lied to you. Which in my opinion is fraud because this is for the same item. You can also sue Dell in small claims Court. If out of state. You can sue them in State court or a Federal court if you have one.
Fraud regardless what item is used. You are only libel for $50.00 if you report within 60 days and they can not charge you NSF fee.
This include debit card. You might be able to claim the MasterCard/Visa zero liability as well. Normally, if your debit card is lost or stolen you could be libel for up to $500 from 2 to 60 days but for fraud it is only $50 up to 60 days. Debit cards reported lost or stolen within 2 day are only libel for $50.00 |
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nwftbl25
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Sure, but it wouldn't be worth the time or effort. Contact customer service and speak with them. If all else fails, contact the bank and advise them of the situation. They will likely initiate a charge-back and refund your funds. |
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icsowesmemoney
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What is going to happen is that Dell and your Bank are going to ask you this--
Did you place a "Stop Payment" on the Original check. And if the answer is "NO", which I assume it is, then the only person who is liable is you. Dell has a legal responsibility to refund the amount that was charged, but they have no legal responsibility to refund the charges for the NSF. Your finances are your responsibility and you should have alerted your bank about the original transaction.
Sorry to be the one who delivers the bad news.
You may check with you bank and they may reverse the charges, but I doubt it. |
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Studly
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I'm doubtfull you can recover NSF fees. IC is right, but it depends a lot on the state.
You can sue them and recover "reasonable court cost and attorney fees". Your problem is you need to sue them at the place where the transaction took place. Dell is in Tennessee (I think) so you would have to do it there. More expenses on your part.
Try going through the "***** and complain" method....demand to talk to a supervisor and see what that leads to. They are obviously at fault here, and their delays are inexcusable. |
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Big Ed
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Just keep calling them, call them every day if you have to. They are a big company so screw things up sometimes but they will fix the problem. |
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allansc2005
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You have to be 21 to sue |
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