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Unknown Debt

Hello, I'm hoping for some advice on what to do. Yesterday I had a letter in the post from a local company who rent and sell kitchen appliances, saying I owe them £546.82. Bizarrely I've never rented anything from them, however my ex-partner did when he had his property on his own. I'm now beginning to think the items in my own kitchen are actually rented rather than paid for out right, they were "purchased" prior to him moving out. What i'm hoping for advice on is what to do next? do I send them a letter requesting more information, or tell them that I know nothing of this debt? I'm in a bit of a panic as they have my name and address which they have found from somewhere, but i'm not really sure how to approach it.

Hope this makes sense
Thanks in advance
Gemma :)
«1

Comments

  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Ask them what contract they think they have with you ?
    Proof of claim as it is known.
    I do Contracts, all day every day.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whose name was on the letter....


    You say 'he' got the kitchen before you moved in so presumably its in his name.


    Please clarify
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Both the fridge freezer and washer/dryer were purchased by my partner a year before he moved out. :)

    And it's my name on the letter
    Thank you
  • andyfromotley
    andyfromotley Posts: 2,038 Forumite
    I suspect that they have got hold of him and he has said 'oh gem2582 has them, i thought she was paying for them'.

    None of which matters to you one jot. They have to prove any debt is legally owned by you to them. Obviously they cant.

    I take you have some form of receipt written agreement with your ex to prove your purchase of the goods? Again none of which impacts upon you and the company. You didnt sign a contract you dont owe them diddly.

    Therre are letters you can send under the CCA asking them to 'provit' the templates are on this website. Dont worry you dont owe them.

    The next question is can they come and repossess their goods? I have no idea, it dpends on what their contract with your ex says and whether you can prove lawful ownership (by way of receipt or written agreement with yr ex) i would imagine.

    But take no nonsense of these people. You owe them nothing treat them accordiingly.
    £1000 Emergency fund No90 £1000/1000
    LBM 28/1/15 total debt - [STRIKE]£23,410[/STRIKE] 24/3/16 total debt - £7,298
    !
  • .... The next question is can they come and repossess their goods? I have no idea, it dpends on what their contract with your ex says and whether you can prove lawful ownership (by way of receipt or written agreement with yr ex) i would imagine.

    But take no nonsense of these people. You owe them nothing treat them accordiingly.
    Yes, I believe they can recover the goods, if they can prove ownership. If ex can prove ownership, then there is a big dispute to work through. Assuming that they can prove ownership [rental contract etc, specifying the goods accurately], then it would not be nonsense for them to seek recovery of the goods.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    They can not recover the goods, they can only recover the debt, from the person who signed the credit agreement.
    Secured loans are deeds and complicated to set up and far to expensive to place on a washing machine.
    I do Contracts, all day every day.
  • They can not recover the goods, they can only recover the debt, from the person who signed the credit agreement.
    Secured loans are deeds and complicated to set up and far to expensive to place on a washing machine.
    Taking OP at face value, it is equipment rental, not a credit agreement. As such it is not a secured debt. It is the difference between renting a car and hire purchase on a car.

    Rented equipment always belongs to the owner from whom it is rented and the contract makes no provision for transfer of ownership. In OP's case, the ex had no authority to sell or give the items away and even if he did make out he had authority, it makes no difference.
  • andyfromotley
    andyfromotley Posts: 2,038 Forumite
    Yes, I believe they can recover the goods, if they can prove ownership. If ex can prove ownership, then there is a big dispute to work through. Assuming that they can prove ownership [rental contract etc, specifying the goods accurately], then it would not be nonsense for them to seek recovery of the goods.

    Yes, i meant no nonsense in relation to the debt,.

    I have no idea about the repossion of the goods, which is why i said...'i have no idea'.:D
    £1000 Emergency fund No90 £1000/1000
    LBM 28/1/15 total debt - [STRIKE]£23,410[/STRIKE] 24/3/16 total debt - £7,298
    !
  • sourcrates
    sourcrates Posts: 32,517 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Taking OP at face value, it is equipment rental, not a credit agreement. As such it is not a secured debt. It is the difference between renting a car and hire purchase on a car.

    Rented equipment always belongs to the owner from whom it is rented and the contract makes no provision for transfer of ownership. In OP's case, the ex had no authority to sell or give the items away and even if he did make out he had authority, it makes no difference.

    But there not asking for return of goods, there asking for money.
    OP needs to write and find out what this £546.00 is actually for, is it the value of the goods still owed, or is it missed rental payments, this needs clarification first off.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    I would say not admitting to having any goods might be a good idea.
    Keep it simple, "we have no contract" unless you can prove otherwise, goodbye.
    I do Contracts, all day every day.
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