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Jennji

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About Jennji

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  1. Hello All, I wonder if you smart people can give me a bit of advice. My mother in law recently purchased an LG TV from Ebuyer. It arrived fine and worked for a few days. However within less than 10 days of arrival the item fizzed and smoked, which is obviously an electric fault/issue, it failed and had no picture. She turned it off and unplugged it because it was a fire risk. She called Ebuyer the next day to explain her issue and was told to contact LG for a reference number and then to contact them back to get an RMA number to return the item, and they would arrange to collect the item from her through their couriers. She told Ebuyer that she did not have the original box, obviously she didn't anticipate this issue ( she's old ) and therefore she didn't have original box. She was told that as long as she 'sufficiently' packaged the tv for returned that they would arrange a new one, fix it or refund it. Both she and my husband 'sufficiently' packaged the item with newspapers, bin bags, cardboard to protect it, and then placed all that in a tight fitting box and ensured that all angles were covered. The couriers came to collect the item and promptly throw it into the back of the van and started to throw other things on top. Then a couple of days later she gets an email to say that the item was damaged during transit and therefore invalidates the warranty and that they will not be looking into any other issues and sending her back the tv. As you can imagine, she paid £300 for a telly, which had an electrical fault, but Ebuyer are using the excuse that even though their own contacted couriers damaged the item, that she is responsible and therefore will not be covered by any warranty. Surely this cannot be right? 'Sufficient' packaging is subjective for a start. My mother in law did not send the item back through her own means but their the contract courier of Ebuyer. No where in the terms and conditions, returns policy nor on any emails does it state that any items not returns as per their 'returns guide' will invalidate the warranty. Surely any cosmetic damages made by their courier cannot be the responsibility of my mother in law? And lastly, the so called 'cosmetic' damage by the courier does not negate the fact that the item was faulty in the first place. My mother in law has made a claim through paypal whom she paid through. We want to fight this all the way. Surely the law assumes that the item must be of satisfactory quality and fit for purpose and of course it could not have been at the time of purchase when an electrical fault happened within days of purchase.Also the item was of course a safety hazard as it started to smoke. That is not normal for any television. this is their returns policy: http://www.ebuyer.com/help/returns it has their guidelines and returns policy. I see nothing about invalidation of warranty or that the buyer is responsible for the safe return of faulty goods. And surely guidelines are just that... guidelines. No where does it say you MUST return items in a specific way.It's all full of should's, we recommend etc....surely they cannot contact someone to something that is not in their terms and conditions? Any help or information you can give us we would be grateful.
  2. Hiya, I wonder if anyone might help me. My mother in law moved into her new home and got a 'new' phone number in may of 2011. Since then she has been getting calls from Capital One wanting to speak to a certain person. This person does not live with her and she has no idea who they are. Capital One have been calling her 3-5 times a day at all hours to include weekends. She has told them she several times that she does not know who the debtor is and that she has only had this number since May. She has asked them to stop calling and to remove her from their system but they keep calling. During a call yesterday not only did they give her the debtors full name but also asked is she live on 'XXX st at number XX' which of course is the debtor information. She said no and that she was at a different address. I am certain this must be some sort of breach of Data protection. She has said it is an Indian or Pakistani call centre. So I am assuming they are just not really taking any notice of what she is saying. We would like to write a letter to them but as she is not a customer of Capital One I am not too sure what to do. A standard harassment letter I am sure will not be of use. She doesn't want to give them her address as she says she doesn't want them to have any information on her. She just wants to say" stop calling, here is my number stop harassing me and write to your debtor and leave me alone" We now know who the debtor and and HE lives in our village. Surely there must be something we can do. It is bad enough being harassed for your own debts without being harassed for a strangers debt day and night. It is upsetting to her and is causing her a great deal of stress. Any help would be appreciated.
  3. no and that is going to be the problem. They weren't aware. In fact he wasn't aware at the time. But he has suffered from this from being a teenager as he had all the symptoms even then.
  4. I can't remember how old it is...I think they said 3 or 4 years....I know certainly after 2007. Thing is my brother has mental health issues and part of his condition is he can be very impulsive and spend money fast during manic phases. And no doubt he was on a manic high when he took this loan out as hie never mentioned it to his Missus until she discovered the money was in the account and quite a bit already spent. So she had no way of paying it straight back to the bank.
  5. Ok thanks Gany. I appreciate your comments.
  6. Hi, Just wanted to know if anyone has dealt with this or might know the answer. My brother and his wife had a LLoyds account. The account was in both of their names. My brother was prompted one day when logging into his online account with his personal banking log-in (she had a separate log-in) to apply for a loan up to £25000 which would be made available within 10 minutes. He is impulsive and went throught he motions. He didn't sign a contract only ticked the box that he agreed and the money then went into their account ( Loan was less than £25000). They say they do not remember any paperwork coming through but I am sure something must have. But what they want to know is...are they BOTH liable for the money or just him as he ticked the boxes it was his log-in and she didn't sign anything. It was just there all of a sudden. Or it is a matter of the account if in both names so they are both liable for the money? They are currently making payment arrangements with the bank as both are out of work at present and the paperwork is naming them both. But we aren't sure if it is just because the account was in both names or not. Any light that can be shed on this would be appreciated.
  7. does anyone know how we make a donation to CAG? we will do it one all this is over... it has saved her and I so much time and efforts in getting information.
  8. does she need to mention that no instalment order has been place? I take it that the judge cannot make that judgement on the day?
  9. Andy, Thanks a lot. I appreciate you literately pointing things out. There is no much to take in, I love learning about it all but it is like a mind field. I will go through all this with her shortly as I think she needs to get things in to both places by monday.
  10. Gany, I wonder if Andy is right on that score. No one knows that husband has mental health issues yet. Maybe it is best to put that in a defence sot hat courts and the claimant are aware so that they won't try in the future? They have stated in the court paperwork that they are only wanting security and will not be seeking an order of sale. Truth or not it is there for all to see. I doubt a judge would be happy if they tried having stated all that.
  11. So let me see here: There is no defence as there would only be a restriction and therefore not a FCO so there is nothing to defend. No point in adding condition as they would not be able to apply for an order of sale as it is only a restriction. Bailiffs cannot be used as she does not own anything in the house ( her husband owns everything) Can't put the condition that as long as payments made correctly, then they cannot proceed to the courts for and order of sale as: it is only a restriction and right now there is no actual instalment made until she fills in the N245 form) and asks for a variation in the forthwith judgement to include a £1 monthly payment. So in conclusion, she doesn't need to send off any paperwork 7 days ahead of time as per the above and there are no real points to be made as she accepted liability of the debt, and she can only afford what she can afford at the moment. She just need confirmation in court from the judge that the FCO is in fact only a restriction and not a FULL charging order as confirmed by the Land registry. Am I right or have I gone horribly wrong here? I have to explain all this to her and I don't have it straight I doubt she will.
  12. So is there any point in asking for conditions if there is nothing they can do as it is just a restriction? Can her husband send in his objections as he is a the co/owner but not named as a debtor? Whilst is seems like everything is cool here I seems as though there isn't much that can really be done.
  13. So can the (N245) be done at any time or was she meant to do this after variation and forthwith judgement. I can't remember when that was but I can;t remember when it was. I think last November? Should she be doing this now or after the FCO? Does it make a difference? I am certain she can't afford the £45 as they are scrapping the barrel as it is. Surely they aren't going to hassle her straight away if they really know they can't do anything essentially?
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