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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear lawyers, I have a relatively simple question to ask.

Customer Question

Dear lawyers,
I have a relatively simple question to ask. I went to Chiswick auction house and asked them to sell a bureau . On the day the hammer fell and there was a new owner. The auction house says that you get your money after a month and that you as buyer shall pay on the day. The buyer of the bureau did not pay and the auction house simply tells me to get my things and leave empty handed, which I think is not the lawful way but of course the easiest . I expect them to collect the money and that that is the reason why you go to an auction house. You have to sign and give all kinds of details before you buy and therefor it is easy auction house to prosecute this person but they wont. I would say that running a business like an auction house you have to deal with these matters and a sale is a sale, that's why so many people don't dare buy at auctions. Here it seems that I, the victim shall now be the bad person not wanting to obey the auction house. They are actually threatening me in the sense that they say that so fare they have not asked me fees, indication that they could. I would say of course not as I have sold the object and the new owner will encounter the storage fees and that the auction house will sort it out with the that person. I have already explained to the auction house what normally happens in these cases, namely that the auction house sell on the piece and reduce the money owed but that the buyer who did not pay still owes what will remain of the debt. They wont listen and think they can threaten me to oblige them.
Hopefully you can help and if necessary help me getting a lawyer. It's not a big sum but as it happens I have the same issue with a bigger auction company here in London so I might need some help any way and that is a little more money.
Best regards
Jesper Offersen
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Jesper my name is ***** ***** I will hep you with this.

Alex Watts :

please let me know how much you are owed?

JACUSTOMER-4sv959d4- :

The lot sold for £270 and I need to deduct 20% and about £6 in entering fees, it's about that. The other auction house which is not a problem yet sold a lot for £2,500 and that was at Bonhams, but that is not a problem yet. The main issue here is Chiswick auction house.

Alex Watts :

Ok. Do you know who the buyer here?

Alex Watts :

So you want to claim the difference between £2500 and £270?

JACUSTOMER-4sv959d4- :

No it two different cases. The £270 lot sold at Chiswick auction house and I don't know the buyer. The other lot £2,500 sold at Bonhams but it's is two different cases that has nothing to do with each other. I'm just unlucky to have two such cases on my hands.

JACUSTOMER-4sv959d4- :

The problem is Chiswick auction house who directly wants me to collect and forget to get anything. Bonhams I will leave out its just a similar case I wait for.

Alex Watts :

Ok, what is it you want to achieve?

Alex Watts :

The buyer wont pay?

JACUSTOMER-4sv959d4- :

I want the auction house to get me my money. I sold and item and I need my money and it is up to them to make it happen. They just say they have cancelled the sale and that I shall collect the piece again and pretend nothing happened but I wont

Alex Watts :

Ok - then they either they need to disclose to you the details of the buyer so you can sue them or you can take the auction house to Court of the details

JACUSTOMER-4sv959d4- :

yes the buyer wont pay reason but he wont pay

Alex Watts :

You would need to issue a claim form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You are asking the Court order disclosure of the buyers details.

Alex Watts :

Then once you have the buyers details you can sue the buyer of contract

Alex Watts :

You need to write to the buyer and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

JACUSTOMER-4sv959d4- :

But should I do that or is that not the auction house responsibility

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

You could just ahead and sue the action house instead

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-4sv959d4- :

you say that firstly I ask of the buyer and I get that or I don't.either I sue the buyer myself at my own expense.

JACUSTOMER-4sv959d4- :

Sorry forget that

Alex Watts :

Ok.....?

Alex Watts :

You can either seek a Court order auction house to get the buyers details or sue the auction house directly.

JACUSTOMER-4sv959d4- :

You say first I ask and I either get it or don't. if I get it I sue the buyer. but is it not the auction house duty to do that

Alex Watts :

Only if there is a term in the contract you signed with the auction house that says they have a duty to do that

JACUSTOMER-4sv959d4- :

I would prefer to sue the auction house not the buyer

Alex Watts :

That is why I gave you 2 options

Alex Watts :

Ok - then sue the auction house using the steps I have outlined above

JACUSTOMER-4sv959d4- :

They say you get your money after 30 days

Alex Watts :

Yes.

Alex Watts :

Then sue the auction house and issue a claim online at: www.moneyclaim.gov.uk

JACUSTOMER-4sv959d4- :

shall I sue because they have not given me the money within the time limit

Alex Watts :

Yes

Alex Watts :

Can I clarify anything else ?

JACUSTOMER-4sv959d4- :

Can I sue regardless of what there problem is in not getting the money

Alex Watts :

Yes

Alex Watts :

Its a small claim so very informal.

Alex Watts :

Does that help?

JACUSTOMER-4sv959d4- :

their webpage simply states that : Cheque sent to client 1 month after sale , minus our deductions .

Alex Watts :

Yes.

Alex Watts :

You can sue them by going to www.moneyclaim.gov.uk

Alex Watts :

Show them that they can not get away with not paying you.

Alex Watts :

Make them pay

Alex Watts :

You deserve it

Alex Watts :

They need to be taught a lesson that they can not cheat and lie to you

JACUSTOMER-4sv959d4- :

yes that is what I think its not the money I'm just not the person to tramp upon.

Alex Watts :

Yes. I agree

Alex Watts :

Can I clarify anything else today?

Alex Watts :

If not can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-4sv959d4- :

oaky thanks advice. will I get the script or shall I copy it so i don't loose the information

Alex Watts :

Once you rate the format changes and you can print it

Alex Watts :

So click the happy face and you can print it out

Alex Watts :

And save it

JACUSTOMER-4sv959d4- :

aha okay. thanks

Alex Watts :

Thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Just one more question, it simply says on Chiswick auction site the following:


How does it work?


Selling things at Chiswick Auctions is very straightforward and follows the same pattern every time.



  • Inspection of the lot by a valuer – who places an auction estimate on item/s and discusses with you possible reserve where appropriate.

  • Receipt given to vendor with full details of items left and notification of relevant sale date.

  • Auction takes place – client is welcome to attend, but this is not essential.

  • Afternoon of auction, we email or post you sale results.

  • Cheque sent to client 1 month after sale , minus our deductions .


But on the entry form it's says:

Cheques proceeds of the sale, (minimum of £5) less all applicable charges, will be mailed to the seller 28 days after the auction date - provided that Chiswick Auctions has received full payment from the purchaser.

In other words payment after 28 days if they have got the money but 1 month after without any conditions.

Or am I to understand that if they don't get the money I will never receive any either?

any way it does not say that I shall dispose of the lot that the buyer did not pay for.

Expert:  Ash replied 2 years ago.
Indeed - it does not say that they are NOT responsible payment.
That is the key.
Alex

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