Jesper my name is ***** ***** I will hep you with this.
please let me know how much you are owed?
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.
Ok. Do you know who the buyer here?
So you want to claim the difference between £2500 and £270?
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.
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.
Ok, what is it you want to achieve?
The buyer wont pay?
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
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
yes the buyer wont pay reason but he wont pay
You would need to issue a claim form N1
And form N244
You are asking the Court order disclosure of the buyers details.
Then once you have the buyers details you can sue the buyer of contract
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.
But should I do that or is that not the auction house responsibility
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.
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.
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 .
You could just ahead and sue the action house instead
Can I clarify anything about this today please?
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.
Sorry forget that
You can either seek a Court order auction house to get the buyers details or sue the auction house directly.
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
Only if there is a term in the contract you signed with the auction house that says they have a duty to do that
I would prefer to sue the auction house not the buyer
That is why I gave you 2 options
Ok - then sue the auction house using the steps I have outlined above
They say you get your money after 30 days
Then sue the auction house and issue a claim online at: www.moneyclaim.gov.uk
shall I sue because they have not given me the money within the time limit
Can I clarify anything else ?
Can I sue regardless of what there problem is in not getting the money
Its a small claim so very informal.
Does that help?
their webpage simply states that : Cheque sent to client 1 month after sale , minus our deductions .
You can sue them by going to www.moneyclaim.gov.uk
Show them that they can not get away with not paying you.
Make them pay
You deserve it
They need to be taught a lesson that they can not cheat and lie to you
yes that is what I think its not the money I'm just not the person to tramp upon.
Yes. I agree
Can I clarify anything else today?
If not can I ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply
oaky thanks advice. will I get the script or shall I copy it so i don't loose the information
Once you rate the format changes and you can print it
So click the happy face and you can print it out
And save it
aha okay. thanks
Just one more question, it simply says on Chiswick auction site the following:
Selling things at Chiswick Auctions is very straightforward and follows the same pattern every time.
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.