To all those that have been emailing, I wish to provide a quick public update for everyone.
I have sought my own individual legal advice from a solicitor. (At this stage, I will go forward on the basis of it being an individual action. Although, weight will be given to this based on the 150+ order details which have been submitted on this website so far)
During our meeting this afternoon, numerous situations and scenarios were considered and we have decided to pursue this through the Consumer, Trader and Tenancy Tribunal (CTTT). This is considered a step up from the NSW OFT, whereby both parties are able to meet to discuss their viewpoints. It is not conducted in a strictly, formal legal manner. Solicitors are not required and many disputes are resolved directly with the members involved (Of course, I do not see Dell appearing without legal representation).
Our case is much more applicable and stands a better chance in a more equitable based hearing. I believe this will be my best opportunity to get a successful outcome.
I have already submitted a lodgment to have this case heard by the CTTT. In the next few days, I should be given the date of the case and can provide further details then.
The overall feeling we had was a positive one. There were numerous parts of the case discussed tonight which were considered to be in our favour and I will expand more on this after the case.
Although I could not ask for advice for everyone else affected by this promotion by Dell (and of course I could not provide any advice myself) I would recommend we continue to approach this scenario from as many points as possible. These include first discussing the matter with Dell directly, and if an equitable outcome is not possible, that you consider submitting complaints with the NSW Fair Trading (13 32 20) or the ACCC (1300 302 502).
For those wishing to pursue this with the CTTT as well, you can lodge a complaint here or contact them on 1300 135 399. Be aware that there will be a cost for this.
I will keep everyone updated on this site, and hopefully once I have a positive outcome, others may be able to use it as a form or 'precedence' for their own individual orders.
Goodluck everybody
