2 years after purchase of secondhand goods received a letter claiming them.

Get expert opinion. This is the place for new questions to be posted.
6 posts Page 1 of 1
 
 

KT

User avatar
Posts: 8
Joined: Fri Mar 12, 2010 5:12 am

Post by KT » Mon Jun 11, 2012 1:06 pm
My question isnt regarding the IVA as such but wondered if anyone else had come across this situation, One year into our IVA our cooker and dishwasher broke down as we were unable to purchase a new one we bought second hand from the same guy we obtained a receipt. Now 2 years later the ex-wife of the guy who sold them to us has written us a letter claiming that they belonged to her and were not his to sell, this was recorded down in the divorce papers that were signed one year after we purchased them. She is now demanding that we return them and I'm not sure what to do about it as we cant afford to buy new ones, am going to contact citizens advice but wondered if anyone had come across this before, I never previously bought second hand items so unsure what to do.
 
 

kazzafunk

User avatar
Posts: 4749
Joined: Sat Mar 19, 2011 6:47 pm
Location: United Kingdom

Post by kazzafunk » Mon Jun 11, 2012 1:10 pm
Gosh - I don't know the answer to that one!

I would say you bought it in good faith - you could google the question or ask your local CAB.

If it transpires you have to return the goods, then I am sure your IP can give you a payment break so you can buy replacements.

Let us know how you get on.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Mon Jun 11, 2012 1:11 pm
Not sure about the legalities but if he sold the items that could be theft so the ex wife should take it up with him. I would tell her where to go and even deny having the items anymore as they could easily have been scrapped by now.

Let her issue proceedings [which I doubt she will do] and fight the case. This will cost her money to possibly recover items that may be lying in a landfill site somewhere!

All seems very bizarre because if they were second hand when you bought them two years ago they are hardly going to be worth a lot now!
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Shining

User avatar
Posts: 27019
Joined: Thu Sep 20, 2007 8:57 am
Location:

Post by Shining » Mon Jun 11, 2012 1:34 pm
A new one on me but I'm sure CAB can help and if you have retained the receipt I'm sure it will show you purchased the goods in good faith. Hope you can get this resolved. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

MerlinL14

User avatar
Posts: 1626
Joined: Sun Oct 30, 2011 2:44 pm
Location:

Post by MerlinL14 » Mon Jun 11, 2012 2:20 pm
"written us a letter claiming that they belonged to her and were not his to sell, this was recorded down in the divorce papers that were signed one year after we purchased them."
Tell her to claim against her ex. If she was that bothered before the fact her ex had sold them prior to the divorce settlement then it should have been highlighted to the family court clerk at that time. She has no valid legal claim against you. She is trying it on in the hope you just take her word for it. Even if she contests that she did not know he ex had sold them the claim is still against her ex not you. Just ignore the gold digger.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
 
 

Broke of London

User avatar
Posts: 7761
Joined: Sun Sep 05, 2010 6:04 pm
Location: United Kingdom

Post by Broke of London » Mon Jun 11, 2012 2:40 pm
How very bizarre! Sounds like Michael is right and she should take it up with the ex-husband. I'm confused about how they could have been awarded in a divorce when they no longer belonged to either party. Totes sour grapes!
6 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”