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ultimate
Starting Member

5 Posts

Posted - 18 March 2009 :  13:10:34  Show Profile  Reply with Quote
Hi there, I am currently looking into IVA/Bankruptcy options. Have had my head in the sand over past couple of years but called one of my accounts yesterday for info on the account as I did not recognise it.
In March '07 I signed a finance agreement for a £5500 electric drum kit. This was one of many purchases I made during this month. I suffer from bipolar and was during a manic phase. At the beginning of April, I suffered a breakdown and was sectioned, spending 2 months in hospital.
During my time there, I had an advocate go through all my finances. I had not yet taken delivery of the drum kit, so she visited the shop to advise what had happened to me and I was told by her that the agreement would be cancelled as I had not taken delivery of the kit.
When I spoke with the account manager yesterday, they advised that a debt of £8372 is outstanding and they want o serve me papers to get the money back.
To make things more difficult, the music shop is no longer trading so I am not at all aware where the drum kit is!
What should I do? Am I liable for this debt as I never took delivery?

Many thanks for your help!

Chris

Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 18 March 2009 :  13:14:48  Show Profile  Reply with Quote
This is something that i would personally challenge - if you are certain you never took delivery of the drum kit, challenge them to provide delivery details.
Do you have anything in writing when your advocate was dealing with your finances due to your illhealth? if so this would stengthen your position. You may need to get your doctor to provide a letter to confirm your status of health during the period in question, particularly stating your hospitalisation dates
Hope this helps

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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