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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Alex Watts, I have a few questions around auctions selling.

Resolved Question:

Hi Alex Watts, I have a few questions around auctions selling. I hope you can help with.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello and thanks for requesting me

Alex Watts :

What is it you would like to know?

Customer:

Hi Alex,,, 1) Are the any legal requirements to register in order to be a "public auction" 2) If I am invoiced for storage of a van that was never delivered, and this is escalated to debt collectors, how can I avoid issues.

Customer:

Sorry it took so long for me to get in to the chat, my net went down just after I posted.

Alex Watts :

There are no legal requirements, it is all done through contract

Alex Watts :

So there is a contractual relationship with the buyer and with the seller.

Alex Watts :

In what way was it never delivered? How can they store it if you dont have it?

Customer:

OK so re no1, I was hoping they would need to registered to help prove it is not, as they are adding text "This is a public auction" to their new online auctions so to avoid distance selling regs. Sadly when they said it in court, the judge bought it, and as they did not send there defense information until the day of court I wasn't prepared......

Customer:

Re 2, when I won the van, I paid immediately via bank transfer (sadly) and in their T&Cs.covering delivery, auction premuim and bid price... they failed to deliver... because I then went to court, they allegedly stored the van and now want to change £20 per day for 6 months storage. I was hoping this could be prevented.. And did write about their threat to charge when reopening my claim

Customer:

So in essence they failed to deliver, the driver described the van as not meeting description, hence the request for refund, then the failed to deliver a 2nd time when the judge instructed it.

Customer:

but they still threaten the £20 per day storage!

Alex Watts :

So did you win or lose at Court?

Customer:

It was dismissed subject to them delivering in 7 days...

Customer:

they didn't

Alex Watts :

And they have not.

Alex Watts :

Ok - then you just need to apply to the Court to enforce as we have discussed

Customer:

correct

Customer:

Will that protect me from the storage fees they claim too?

Alex Watts :

Have they issued proceedings for that?

Customer:

Not yet, just threatened it.

Alex Watts :

Then you don't need to worry about that.

Alex Watts :

Imagine going to Court

Alex Watts :

Well sir we are charging £20 a day for something that we havent delivered.

Customer:

OK, can I ask question here not for public to view?

Alex Watts :

Yes its our fault we are claiming £20 a day for something we have failed to deliver on a promise

Alex Watts :

Its not going to happen.

Alex Watts :

They are.

Alex Watts :

But once you rate I can get it removed

Customer:

I wanted to ask your details, in case I need support in court?

Alex Watts :

Sadly I can't be instructed, its against site rules

Customer:

OK, well thank you so much for the help, you have really put me at ease in a very stressful time.

Alex Watts :

Happy to help - please remember to rate as always

Customer:

Will do, thanks again Alex.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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