Legal Issue

hussey

Hi if this shouldn't be here then appoligies

My sister bought a Widescreen TV and a DVD from ESB back in november/start December, It was delivered on time

when she opened it up I had a small crack on one of the corners. She rang EBS and they said they would send someone out to exchange it. A few days later, someguy turned up to exchange it
he came and brought in the new TV, but when she told him the other TV was in the bedroom, he told her that he didn't have it on his docket so he couldn't pick it up. Now she then rang them twice over the last month, and nobody has picked i up.
She wants to know what she can do, ie if nobody picks it up within a timelimit can she keep it??
if so what is the time limit

the tv is perfectably watchable, just a small crack on the glass

Cabaal

I could be completely and utterly wrong but I believe its 6months or something like that.

But during that time I believe you need to contact the company/person twice or something.

I could be all wrong mind you

hussey

I've got some dates off her

1st week in november she got original TV
2nd week got replacement,

she has rang 4 times,
the last time was x-mas week

spongebob

if she has delivery docket showing when she got the SECOND (replacement) TV ....which is perfect....and has an itemised phone bill showing that she rang the ESB number a few times after the replacement was received then she has acted in good faith.

its their own fault that they did not back to back the delivery and return operations.

keep the phone bill for at least a year..... also get an account statement from the never never in case there may be 2 TV's showing on it ...especially if its the interest free never never. Don;t want a nasty shock when the 6 months is up do we?

congrats on the slightly damaged free one....

M

hussey

she rang on a mobile, I'm sure 02 might be able to prove she rang
!!

spongebob

if prepaid she should register with o2.ie to get the call information from her 'account'

if postpaid she'll get a bill, just dont throw it out

gandalf

Moved from Politics as I think Business is the more appriopriate forum.

Gandalf.

Clintons Cat

If its an inconvienience you could write to the company asking them to take it away within a given ammount of time or you will make arrangements for it to be disposed of at your own expense,give them enough time that a court would deem acceptable, ie one month.

In your letter only give a summery of the details and make it sound like the Television is faulty so no one thinks to send round a mate for a free television.

Victor

I suspect what matters here is whether the damaged TV is of value or not. If it has a value (it works), your sister has 2 televisions and only paid for one. The ESB could sue for it's return.

As CC suggests, write to them, saying that she will dispose of it to defray costs, at her discretion, at the expiry of a month unless they collect it. Make sure she gets a receipt for them collecting it.