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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I purchased on credit account camera equipment in July this

Customer Question

I purchased on credit account camera equipment in July this year however after my income dropped to which I am now facing bankrupacy the camera equipment company said they want the equipment back, do I have to give it back to them.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does your agreement say that they can reclaim it if you don't pay?
Customer: replied 2 years ago.

Hi Jo,

No I just have an invoice from them, no agreement at all, just an invoice.

Expert:  Jo C. replied 2 years ago.
There will be a contract.
I really need to know the basis upon which you have purchased this. It would change everything.
Customer: replied 2 years ago.

Basically, I knew the company and as a pro photographer they allowed me to purchase the equipment, they allowed me to purchase it through a friend of mine another photographer who they knew well, so they invoiced him, however I told them that they needed to invoice me and not my friend, so they re-did the invoice out in my name, I asked if I could pay for the equipment by monthly instalments but they said no and wanted the equipment back.

Expert:  Jo C. replied 2 years ago.
So this is a recent purchase and you haven't yet paid?
Customer: replied 2 years ago.
Yes that's right
Expert:  Jo C. replied 2 years ago.
In that case, they are entitled to the equipment back.
This is not a rental agreement or even a credit deal. This is just a normal sales transaction where you agreed to pay and have not. I realise that is not your fault but unfortunately you cannot visit your misfortunes onto them.
They will not agree to payment in instalments and they do not have to.
In those circumstances they can recover the goods. Whether they will or not is another matter. Most likely they would just sue for the money but if they know you are bankrupt they may take the view that there is no point and so seek to recover the goods.
Sorry if that is bad news.
Can I clarify anything for you?
Jo