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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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i bid on an item at a charity auction, however i never received

Customer Question

i bid on an item at a charity auction, however i never received any item or goods and they have just sent me a invoice for the payment 3 months after the event. the item is now o use to me. can i decline to pay
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

What kind of item is it please?


it was for a club membership


i wanted to use it for my a party for my son but due to the delay in response have held it at another location


do you have any info for me

Expert:  Joshua replied 4 years ago.
Sorry I do not seem to be able to post an answer to this thread as it will not post. I can only post an information request - I will opt out in the hope one of my colleagues will be able to assist
Customer: replied 4 years ago.

i still have not received any information for my request

Expert:  James Mather replied 4 years ago.
Why didn't you pay for the item that you bid on?
Customer: replied 4 years ago.

i did not pay for the item i bid on because i did not recieve any information about what i had bid on. then after 3 months recieved a bill for payment.

Expert:  James Mather replied 4 years ago.

I need full background please. I cant see how you cannot know what you bid on.


Customer: replied 4 years ago.

i bid on a membership package for a years subscription to a club. but as i say 3 months has passed i have not recieved my membership or any other information on how to receive it.

Expert:  James Mather replied 4 years ago.

How did you bid? Why didn't you pay immediately? How much was it?

We need full background please.

Customer: replied 4 years ago.

I bid £650. they did not ask for payment on the night, they took my details and that was all. although the membership was for a year i wanted it for a specific date which has now passed. therefore due to the delay it is of no use to me. although they were not to know what date i wanted.

Expert:  James Mather replied 4 years ago.

Ignore the fact that it was a
charity auction and let's just deal with it as an auction.

On the fall of the hammer, it
creates a binding contract and they agreed to sell and you agreed to buy. You
could have chased them and ask them for the item for some reason, you chose not
to. I don't know whether it should have been delivered or collected but most
people, having paid £650 and wanting it for a particular date, would make sure
that they had it.

Moving aside from auctions and
looking at the basic principles of contract any loss must be within the
contemplation of the parties and therefore, you were actually buying (as to opposed
to bidding in an auction), in order to claim any loss, your potential loss must
be "within the contemplation of the parties". That means that the seller must
be aware that you need it by a particular date otherwise it is no good to you.

You freely admit that they did
not know what date you wanted.

I am going to look at this from
the other perspective and if I was advising the charity, I would simply tell
them to take you to the Small Claims Court.

I think you are bound to pay this
money because it is not the charity fault that you wanted what they were
selling for a particular date but then simply did not bother chasing it up. Of
course, whether they will be bothered doing that or not rests with them

I'm sorry, I appreciate that this
is not the answer you wanted but there is no point in me misleading you.



Does that answer the question?


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