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 bankruptcy postbag for august
 items on deferred payment
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Daisy33
Junior Member

United Kingdom
175 Posts

Posted - 31 July 2008 :  22:27:23  Show Profile  Reply with Quote
Hi just had my interview with OR everything went ok a lot better than I was expecting. One thing that did come out of the interview was that I bought a sofa in October 2007 on finance on 4 years 0% and did not have to make a payment until October 2008 but as I had not made a payment the OR thought that the finance company will be able to take back my sofa.
Also I bought a oven and hob on finance 6 weeks before going BR and also did not make any payments on these as a few weeks after purchasing I realised I could not afford them and had to go BR and the OR said the same about these that as I had not made a payment the finance company could take these back as well.
The OR is going to check up on this and get back to me. Has anybody else had this problem and if so what was the outcome. As I have just gone BR I have no money to buy replacements and these items are essential to myself and family.
If anyone can help put my mind at ease I would be very grateful.

John
New Member



United Kingdom
73 Posts

Posted - 31 July 2008 :  22:47:01  Show Profile  Reply with Quote
Hi
I wish I had better news but the OR is absolutely correct. As you've made no payment the sellers can insist on the return of the goods to try and recover their loss. I understand your predicament and hope that at least the oven and hob stays but it's the suppliers decision. Technically, taking on credit, making no payment and having no means to do so is fraud. The OR will be more sympathetic re the sofa as it was last year and quite a commonplace deal. But I doubt he's pleased with the oven & hob as they were purchased on credit very recently.
Best to wait and see what the OR comes back to you with after he has contacted the suppliers.
Sorry it wasn't better news.

Assisting where I can.
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jenny
Junior Member



United Kingdom
189 Posts

Posted - 31 July 2008 :  22:53:09  Show Profile  Reply with Quote
hi daisy my oh might have the same problem regarding furniture he had bought on nothing to pay for a year, in our case our goods were faulty, so we were in dispute with the finance company,trading standards told us to request a new suite or for finance company to cancel agreement, we were told to pick a new suite but we havent, because we felt really bad when we realised that our only option was bk so any advice would be app
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Daisy33
Junior Member

United Kingdom
175 Posts

Posted - 01 August 2008 :  05:36:24  Show Profile  Reply with Quote
Thanks for the replies. Would I be able to make the creditors an offer regarding the items as they are items I need and my mother in law has said she would be willing to help out. If I could make an offer approx what percentage of the amount owed should I offer.
Thanks again for any help.
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John
New Member



United Kingdom
73 Posts

Posted - 01 August 2008 :  08:57:21  Show Profile  Reply with Quote
Hi Daisy33
I would wait to see the outcome of the OR's discussion with these 2 particular creditor's.
You never know you might get lucky.
If it becomes necessary in order to retain the items, yes, a 3rd party can make an offer and being from a 3rd party the offers are not deemed preferential, which is not permitted.If an offer is accepted make sure it is without prejudice and that in both cases the debt is deemed satisfied.
The 2 creditors should then, of course, be removed from your list of debts entered onto the SoA originally.
It may also go some way towards your avoiding a BRU/BRO.

Assisting where I can.
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