Xstra Digital Storage bankruptcy – instructions for consumers

Xstra Digital Storage B.V. located in the Netherlands was declared bankrupt on 5 October 2022. The company sells, for instance, computer components, and Flash and DRAM storage products. Finnish consumers have ordered products from the seller in question at least through the Cdon.com platform. The European Consumer Centre has received several contacts from consumers about the company. In most cases, the problem has been an undelivered product.

If you have paid with a credit card for an order that has not been delivered or it has a defect or problem, you can contact your credit company to get the money back. In the event of a seller’s bankruptcy, the credit company is obliged to return the payment to the consumer on the basis of the creditor’s liability. The consumer may also submit the same requirement to another creditor who has financed the purchase of the product.

If you have paid for your purchase with a debit card, please contact your bank. According to the terms and conditions of some banks, the same refund principles as those applied when paying with a credit card also apply to debit card payments.

Many creditors and banks have a form on their websites for applying for a refund, and this can be found, for example, with the terms “card claim” or “card complaint”.

The administrator of the bankruptcy estate has been appointed – send the claim by email in English

Finnish consumers can submit their claims for compensation to the bankruptcy estate in the Netherlands via an online form in Dutch or by email in English if it is not possible to contact the creditor or their own bank. The contact details of the administrator of the bankruptcy estate are as follows:

Mr L.L.M. Prinsen
PO 2269
4800 CG BREDA
The Netherlands
Telephone: +31 (0)765225260
Email: b.prinsen@mannaertsappels.nl 
Online form: https://www.mannaertsappels.nl/faillissementen/

The deadline by which creditors must declare their claims has not yet been published, but it is advisable to submit a claim to the bankruptcy estate as soon as possible. In your email, you can use the following English template. You must fill in your own information. In the template, you require that you be refunded the purchase price if the contract is not fulfilled.

Message header: Claim after Xstra Digital Storage bankruptcy

Message:

Dear Sir:

On <date>, I purchased a <product name> from Xstra Digital Storage, for the sum of € <product price>. Please find attached a copy of the order confirmation and the receipt.

Please let me know if the order contract can still be fulfilled. If this is not an option, I herewith terminate the agreement. In that event, I herewith request you to refund the purchase sum of € <paid price> to my account number <your IBAN>, account holder <account holder name> with payment reference ‘Claim after bankruptcy <name of the seller>’. The BIC code of my bank is <the BIC code of your bank>.

I await your response.

 

With kind regards,

<name and signature>

 

Attachments:

  • Order confirmation
  • Copy of payment transaction (for instance from your online banking system)
  • Copy of previous correspondence, if any
  • Other relevant documents

The consumer’s position in a bankruptcy situation is weak. Debts from the bankruptcy estate are covered according to a certain order of priority, and consumer claims are usually the most recent, in which case the estate may no longer have the funds to be distributed. The supervision of bankruptcy claims is sometimes subject to a charge, and bankruptcy proceedings may take years.