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Thread ID: 96711	2009-01-20 01:16:00	Whose PC is it?	dvm (6543)	PC World Chat

Post ID	Timestamp	Content	User
740401	2009-01-20 01:16:00	Hi – I have a query, perhaps a legal one. Some 4 months ago I bought a new Dell PC online. It arrived and straight from the box it had a hideous fan noise that would not quit. A Dell technician spent some 3 hours trying to find out why without success, so it was agreed that the system would be replaced. All went well the new machine arrived and is fine (except for Vista – shudder). The problem is that the old PC was to be picked up and returned to Dell (at their cost) and when the call from the agent came, the time they wanted was not suitable and they would get back to me -nothing happened. So I called twice and again they would get back to me – nothing has happened. I can’t return it myself as the return address was to be emailed to me – nothing happened. In the meantime an email arrived from Dell in Singapore saying the case is now closed. So – I have had the system packed up in the shed for quite a while now. The question I have is whose is this PC now, mine or theirs? I’ve done what I consider I need to do to effect a return. There are some nice bits in it that I could use such as DVD HD etc. Any thoughts would be appreciated – other than why did you buy a Dell in the first place.	dvm (6543)
740402	2009-01-20 01:41:00	The question I have is whose is this PC now, mine or theirs? I’ve done what I consider I need to do to effect a return. Whose is it? Well, you do not have clear title to the old PC - however, you have possession of the unit and it would seem that Dell (Singapore) have relinquished interest. You may have the right to dispose of the unit as you see fit as you cannot reasonably be expected to store it indefinitely. Personally, I'd be worried about a backlash so I would give notice to Dell that you still have the thing and intend to dispose of it after a certain period unless they make arrangements - and you can be contacted etc etc. It might just be worth the $30 fee to enter a dispute with the Disputes Tribunal - if Dell do not show then judgment will be made in your favour.	Deane F (8204)
740403	2009-01-20 01:48:00	There are specific laws about disposal of goods. Not exactly in your case but: A lien is a right for retailers and service providers to hold goods until payment is received. It can be applied to goods not collected after they have been brought into a service provider for repair or servicing. If, two months after the payment should have been received, the goods have still not been collected and paid for, the holder of the goods has the right to sell the goods at auction. This right is given by the Wages Protection and Contractors' Liens Act Repeal Act 1987 (view this law at the government Legislation website). The Act sets out the steps that must be followed when deciding to sell the goods. Before selling the goods The service provider or retailer must: • Provide one week's notice of the sale in writing to the owner (if the owner's address is known) • Advertise in a local newspaper providing particulars of: o name of the person/company to whom the money is owed o amount of the debt o description of the goods o time and place of the sale o name of the auctioneer. After the goods are sold The retailer or service provider must apply the proceeds of the sale to pay: • the cost of advertising • the costs of the sale • the original debt for the work done. Any money left over must be paid to the Registrar of the District Court nearest to the place of sale, where it will be held for the owner of the goods.	pctek (84)
740404	2009-01-20 01:56:00	The question I have is whose is this PC now, mine or theirs? I’ve done what I consider I need to do to effect a return . Yes, you have . You can't do anymore than that . Just leave it packed up for a couple more months and if they still don't get back to you, consider it yours to do as you wish . That would be a reasonable amount of time to give them and tough bickie if they want it back after that . Just make sure you keep your email correspondence with them . Print them out also, for safe-keeping .	FoxyMX (5)
740405	2009-01-20 03:33:00	Well here's a thought Log another call with Dell for the same fault and see if they replace it again!! Keep doing this to see how many PCs you get Could be fun! Cheers HH	Happy Harry (321)
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