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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I paid, in Feb, by bank transfer, in full marble table

Customer Question

I paid, in Feb, by bank transfer, in full for a marble table (£2,300) from a company that has appointed administrators/liquidators before my table was delivered. I have received a letter from the administrators/liquidators suggesting that I am a creditor (and will probably receive nothing).
Is it correct for an undelivered item to mean that I am considered a creditor ? Am I entitled to collect the raw materials (marble to and wooden legs) that are earmarked for my table but not yet made?
Thanks, Giles
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello Giles my name is ***** ***** I will help you with this.Sadly not. You are an unsecured creditor. You do not own the materials etc, as they are an asset of the company.So sadly the liquidator is right.,I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
I will rate your response – I did find it helpful although I was hoping for more detail on whether ‘earmarked’ goods have any different status
– the owner of the company with whom I was dealing thought that I would be within my rights to turn up and at least collect the raw materials that were earmarked for my table?
Expert:  Ash replied 8 months ago.
Earmarked goods have no different status. You are not a secured creditor (ie like a loan secured on assets)You cant just turn up and collect your table, it now is an asset which belongs to the Administrator.I am sorry. Alex
Customer: replied 8 months ago.
ok - so legally, even if the table was finished, ownership would only transfer to me when actually delivered ? so it's not possible to argue that it was already mine and just awaiting collection/delivery?
Expert:  Ash replied 8 months ago.
Until you collect it, its still an asset of the company. You can try and argue, but I think it would be a very slim chance and uphill struggle.I am sorry. Alex

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