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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a party last night and assume i left my ipad signed on

Customer Question

I had a party last night and assume i left my ipad signed on to a bidding site. My ipad is now missing and several bids were placed. I can only assume this was someone at my party. I only realised this happened when I woke to an invoice saying I won a Jeep for £8200. I have a crime reference number from the police fraud team who state I am not liable as the purchase was not made by me. However, the auctioneer says I am liable and need to proove it wasn't me, which I can't do.
Am I covered under Distance Selling? Would I have a cooling off period and so have a right to cancel? He is saying I don't and I have to pay in full by tomorrow or I will be charged 2% plus vat for every day I do not pay and he said he will take me to court and I will be liable for everything. He said my only other option is to pay £1000 for the auctioneer fees so that I can walk away. He will accept nothing less.
The bidding website it called bidspotter.co.UK and the auctioneer is called capital asset remarketing.
Website add with Jeep below
http://www.bidspotter.co.uk/en-gb/auction-catalogues/car/catalogue-id-capita10032/lot-fe470f60-4d5b-4e0b-801a-a573011128f2
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are you a registered user on this? Can you not track your Ipad with the find my Iphone app? Does your Ipad have a number lock on it?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Could you please tell me when you are calling? I have accepted your offer of a 30 minute phone conversation my number is *****
Expert:  Ash replied 1 year ago.
When would be good to call?
Alex
Customer: replied 1 year ago.
Now please. 07598 376 609
Customer: replied 1 year ago.
***********
Expert:  Ash replied 1 year ago.
Ok
Alex
Expert:  Ash replied 1 year ago.
First you did not place the bid and as such there is no contract with you. They want you to pay but you did not place the bid. There was no intention to create a legal contract on your part.
Second their own terms say: THIS IS A TRADE ONLY AUCTION (NOT A CONSUMER SALE)
You are a consumer not buying at trade and as such they can not enforce the contract.
Alex
Customer: replied 1 year ago.
Thank you very much for that Alex. I suppose I should have asked when we were on the call, just as a back up, iso a cooling off period allowed with this type of auction?
Expert:  Ash replied 1 year ago.
Auctions - no per se.
Alex
Customer: replied 1 year ago.
Hi Alex,I have decided to go ahead with this purchase under new payment deadline date etc. I applied for a loan and agreed to buy it as the whole legal battle was very unattractive to me, would you mind if I send you an email thread that you could have a read over and give me your opinion on? I just need to know if I'm in the right or wrong.. This is going to be the last thing I ask from you, you've been ace so far.Thanks
Damien
Expert:  Ash replied 1 year ago.
Sure.
Alex
Customer: replied 1 year ago.
Great, thanks.. I'll put it in a more legible format and copy & paste it in here this evening when I get back to the uk.. Gmail is a pain for tracking whats going on in a thread.Damien
Expert:  Ash replied 1 year ago.
Sure
Alex
Customer: replied 1 year ago.
Hia,To give you a basic outline, just reminded him that i am a consumer and not a trader and that i am purchasing the jeep as such.. what do you think the court would think of this email thread?Joe - As agreed: you are to transfer a part payment deposit of £500 'non refundable' today with a balance of £7765.91p to be paid in full on or before 13th January 2016. Failure to comply with the date above will result in late payment fee's of 2% per day being adidas until paid.
Please confirm ASAP that payment of £500 as been made to avoid late fees and legal action.
Our bank details are on the attached invoice.Damien - I accept the NEW payment date and payment details. Please see attached a screenshot copy that I have paid money into your account, this is merely for reassurance that the money is coming and was paid in on time, and as such, I will not be subject to contractual breakage fees.
Please acknowledge receipt of this email.
Joe - I can confirm that the £500 part payment as now come in to us, please keep me informed on when the Blanche is to be paid.
Damien - That's good, can you please make sure you have the v5 ready when I get there to collect it. And again as long as you know before accepting the rest of my money that I am not a trader, I will be paying VAT & I am a consumer and will have rights if this ends up to be a rubbish vehicle. I am taking a massive gamble as due to the circumstances of this purchase.
Also, I should make you aware that I am buying the discovery 3 as my own personal car and do not wish to send it on
Joe - There will be no more moving the goal posts! You aggressive fully to our T's and C's ! You have full opportunity to come and view the car before you bid (as T's and C's states).Our auction sales are not consumer sales as it clearly states. If you wasn't sure on anything you should not have bid! You chose you bid blind and now you take your chance just like everyone els!! To be honest (with respect) I'm getting sick of your comments and attitude to all of this when it's clearly all of your doing!
The car doc's will be with it up on collection.
We are an auction and we offer no garrantees or warranty just like ever other auction in the land (unless stated in item description).I've already advised you this by phone call before you paid your part payment (deposit) .
What you do with it is nothing to do with us.
Damien - I am simply making you aware of my position, I am a consumer not a trader and as such I have rights should this vehicle be rubbish..No need for the abusive phone calls..And telling me I can "stick my legal advice up my *ss" was highly inappropriate.Now the ball is in your court if anything happens with this vehicle you need to prove I'm a trader, which I can assure, you will find it very difficult to do.
Joe - As I've just stated to you by telephone call, all T's and C's should be read before agreeing to them (in any instance). You say that we should have asked you if your a trader, but I'd advise you that all terms and conditions & terms of sale was there to read at the time of registering to bid!
What I would suggest in the future is that you read all terms and conditions / terms of sale prior to registering on any bidder / Bidspoter auction. I'd also like to say "without prejudice" due to you registering to bid, winning an item, trying to convince me that you didn't bid on it, suggesting that someone at your house party must have, advising me that you have now moved to the south of Ireland, and most of all threatening me with violence, I think it may be a good idear if you don't register on our auction in the future.
I'll also put you on notice again: your deadline for the balance payment is to be made on or before the 12:00 noon13th January 2016. I've included this info as you seem very confused!
Damien - As per my legal advice (That you suggested me getting) I was told to make you aware of my position as a consumer, not a trader.. Upto you what you do with it..The rest of you email is rubbish mate, I quickly apologised for telling you I'd come to see you, and the fact you took it as a threat.. it was not ment that way.And no it wasn't me who placed the bid. I also did not register, without going over old ground my details were stored on my ipad, I did not agree to any of your terms and conditions..
No confusion either mate, stop flapping.. I'll be in touch
Joe - You say you didn't bid, all I know for 100% fact is that your account did! So your account agreed to out T's and C's so that flap! Yes I did suggest that you seek legal advise but your the one who chose not go down the legal route "court" not me.I think it's best to leave it there, but I will remind you that all terms and conditions/ terms of sale fully apply to your account "you"
Customer: replied 1 year ago.
Damien - My bank has just called to say the money will be in my account on Monday.I will transfer the rest of the money into your account then, if you do not wish to proceed thenthe contract has been voided by you and I ask that you transfer the so called "non-refundable" deposit back into my account. As, I'm sure you can appreciate, i am a consumer and have the right to protect myself during a purchase.
My bank has just called to say the money will be in my account on Monday.I will transfer the rest of the money into your account then, if you do not wish to proceed then the contract has been voided by you and I ask that you transfer the so called "non-refundable" deposit back into my account. As, I'm sure you can appreciate, i am a consumer and have the right to protect myself during a purchase.
Joe - Firstly I haven't said I don't wish you to Complet the contract, I've said that the contract needs to be completed ! The only one in all of this who as suggested not to complete is your self, I suggested to avoid any more issues like this that you don't register to bid with us again unless your happy with the T's and C's your agreeing to and the item. The £500 part payment "deposit" is not refundable. I understand that your trying to protect your self but if your completing the contract you can only complete under the terms you have agreed to, as if there was no terms agreed to (which you must agree to before your approved to bid) you could not be approve and be able to submit bid(s) on any item! The terms and conditions / terms of sale that your account agreed to prior to submitting the winning bid for the said item as been and will be under those terms. If you wish to not complete you will them be in breach. I suggest that if you are choosing to complete then you transfer your outstanding balance and make arrangements to collect.
Damien - I am going to continue with the purchase, please stop me at any time if you do not accept that my consumer rights do apply.
Joe - I'm not stopping you as that's what you e wanted all along (you told me by recorded phone call) but I'm telling you that your consumer rights do not apply as it clearly states in the terms and conditions and terms of sale that you've agreed to. It's not our fault that you didn't read and fully understand the terms you was agreeing to before you submitted any
Damien - I didn't place the bid or agree to your terms and conditions but how and ever.. it's all just rubbish now that you know I'm not a trader and am a customer, you are accepting the rest of my money knowing this, I have consumers rights. Please stop writing to me now, as this is verging on harassment at this stage. I will transfer the rest of the money on Monday/Tuesday & will collect on Saturday.Happy new year
Joe - Up on receiving an email you should reply and that's what I'm doing! We're accepting payment as your account agreed to the terms!
Damien - I didn't even read nor agree to your terms and conditions.. you are proceeding on this basis. Well knowing what you know now, about me not making the bid, not reading your terms and conditions & that I am not a trader, I'm giving you a chance to void the contract and return my deposit.. if you do not do this, then you are continuing on this basis..
Expert:  Ash replied 1 year ago.
You are a consumer, he can't change or vary the terms implied by law no matter what he says.
Alex
Customer: replied 1 year ago.
Superb, thanks for your help.Happy new yearDamien
Expert:  Ash replied 1 year ago.
Happy to help
Alex

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