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Posted: Mon Jun 11, 2012 1:06 pm
by KT
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.
Posted: Mon Jun 11, 2012 1:10 pm
by kazzafunk
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.
Posted: Mon Jun 11, 2012 1:11 pm
by Michael Peoples
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!
Posted: Mon Jun 11, 2012 1:34 pm
by Shining
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
Posted: Mon Jun 11, 2012 2:20 pm
by MerlinL14
"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.
Posted: Mon Jun 11, 2012 2:40 pm
by Broke of London
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!