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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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At an online auction I bid on an item and it stated that the

Customer Question

At an online auction I bid on an item and it stated that the reserve had not been met. So I upped my bid several times so I could try and reach the reserve. I still had not reached the reserve so I left it. Moving onto another similar lot I repeated this process and once again decided to leave it. I did this on four lots and logged out as I had not reached reserves on any of them. At the end of the auction I received a bill for over £200 for four lots that I had 'won'. If I knew this could happen I would not have moved on to other lots. where do I stand legally please.
John
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do the terms say you can be billed for sending just bids please?

Customer:

No I dont think so

Alex Watts :

Then if the terms do not state you can be charged for bids then legally you can not

Alex Watts :

This forms a contract

Alex Watts :

They have no basis of charging you

Alex Watts :

The contract sets out the rights and responsibilities for each party

Alex Watts :

As such if the terms do not say they can charge then they can not

Alex Watts :

Even if they can you can rely on Regulation 5 of the Unfair Terms in Consumer Contracts 1999 which states

Alex Watts :

(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.


(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

Alex Watts :

Therefore no, you don't have to pay

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No I think that is ok for now.

Customer:

Thanks

Customer:

John

Alex Watts :

Great. If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :

You have rated POOR SERVICE

Alex Watts :

What else do you want to know? I have given you detailed guidance?