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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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My parents passed away and I used an auction company to dispose

Resolved Question:

My parents passed away and I used an auction company to dispose of many items (15 large boxes and some separate larger items) - some of which belonged to my late Grandmother and her parents.

I numbered the boxes and listed every item in each box. I gave the auction company a full list of every single item handed over to them - whether in the boxes or separate.

I chose this auction company as they told me that I could see everything on line and they said they would let me know when the auction would be held. They didn't. They just wrote and sent a cheque for £170 stating that was al they achieved in the sale.

I wrote back to them and asked them for a breakdown of the sale of the items.

After chasing quite a few times - they eventually sent me 2 sheets (from another auction house) who they said sold the items on their (and our) behalf. This sheet just had box of china, box of glass, ditto etc - all averaging £5 per box. There is no way in breaking this back against my details. There are no details of the larger unboxed items (Armari plates etc) at all.

I have asked them to give me a list of what they had in each box but they are not replying.

I am of the opinion that they have a duty of care to have a list of what they pass to another party for auction so should be able to provide me with some kind of breakdown - which makes sense. The information I have been provided with so far could mean anything and certainly does not seem to account for everything I passed to them.

Do they have a duty of care to keep a detailed record of what they pass to auction on a clients behalf?

What course of action do I have?
I am of the belief that they
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much do you think you have lost please.?

I have no idea as I do not know the value of the items - hence - why I went to an auction company i the first place.


My main question is - do they have a duty of care to keep a detailed list (as I did) of all items in their care belonging to me. Should they not keep a list of what is in what box if they pass the items on to a third party (which we were not aware of) so they can justify any sale figures. There were also various items that were too big to go in boxes that are not mentioned on the sheets.

Alex Watts : They have a duty under section 13 of the sale and supply of goods and services act 1982 to act with all reasonable ako
Alex Watts : All reasonable skil and care.
Alex Watts : Therefore in my view yes they should also have kept lists.
Alex Watts : Does this answer the question for you? They do have a duty

Thank you - that is what my head told me but having never dealt with an auction house before - I wasn't certain.

Alex Watts : Indeed.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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