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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 13637
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I a sold a musical instrument on an auction with a UK

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I a sold a musical instrument on an auction with a UK auctioneer - Amati (I am in South Africa), the terms (in writing) were that payment within 35 days of the sale. On day 35 they called me with a story that the buyer has not paid so they can't pay me until he pays. What recourse do I have to get them to honour the payment immediately?
JA: Where are you? It matters because laws vary by location.
Customer: I am in South Africa, but the auction took place in London.
JA: What steps have you taken so far?
Customer: none, I'm seeking advice as to the what the best respose is.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they called me with this information, I expressed my dissatisfaction. Yesterday they sent me an email ... I want to hold them to the terms I signed for, surely the buyers' failure to pay on time is their problem? The attitude seems to be that they are protecting the buyer - unless it is just a an old trick to delay. My problem is that this is cause a very damaging sitation for me - are they breaking the law?
Customer: replied 11 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 11 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi,

Thank you for your query. Has the item been released to the buyer?

What do the auctioneers terms and conditions state regarding non payment by a buyer?

Customer: replied 11 days ago.
I believe it has, they said that the buyer thought he had already paid, then found out that his payment had been returned and now will only be able to pay next week. The consignment agreement and their website state that payment will be made within 35 days of the sale. I've uploaded presale info and will shortly upload consignment t&cs.

Hi,

I see you have requested a telephone call. Would you still like this service?

Customer: replied 11 days ago.
No sorry, at the time I was not aware of the additional charge. I prefer to proceed on chat please - I just want to uplaod the cnsignment ts and cs quickly.
Customer: replied 11 days ago.
I have uploaded them.

Hi,

I will review and revert back to you later this morning.

Do you have a clearer copy? The document is a little difficult to read.

INC Law and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you, I will scan it to you shortly.
Customer: replied 11 days ago.
Herewith the scanned ts and cs
Customer: replied 11 days ago.
Scan herewith
Customer: replied 11 days ago.
Below is an email I have drafted (but not sent) - perhaps you might comment/ suggest?

Dear ….

I am extremely unhappy with this situation: - the utterly unprofessional communication of it after the payment is due, failure to provide me with the information I requested on several occasions, the first being 4th November, and then failure to make payment on the due date and which remains outstanding.

It is preposterous in the digital age that it took both the Buyer (and Amati) 35 plus three additional days to establish whether or not the buyer had actually paid or not, and then to withhold payment from me as the seller after the deadline on the basis of this information, which according to you was only established as per your email of yesterday (three days after the payment deadline). It is unacceptable (and somewhat difficult to believe) that you appear to be making huge allowances for the buyer that prejudice and damage me. It smacks of unsavoury delay tactics and bad faith.

I demand the payment that is due to me forthwith along with proof of payment and the relevant paper trail by close of business today.

In your email from Judy Payne dated 4/11/19 you stated:

I am the Finance Manager for Amati Instruments and you would have recently received your auction results for your recent inclusion in our October auction which asked you to send me your bank details.

I am now preparing paperwork for your settlement payment due to you on 27th November 2019

As indicated to you in my reply to the above mentioned email on 4th November, along with the email exchange which followed and in which I provided you with my bank information and payment instructions, I indicated clearly that I did not receive the communication on the auction results, nor the schedule or detailing the settlement ahead of payment.

Kindy provide me with the following information forthwith:

1. The auction results
2. The statement/schedule detailing the settlement figures (from the paperwork you prepared as mentioned above). I should have already had sight of this ahead of Amati’s payment deadline of 27 November 2019 which has now been dishonoured.

In case you are unaware – kindly note that I have consulted my SA Tax practitioner and in relation to SA Tax law, I am exempt from any deductions on this sale (including VAT, sales tax and/or personal income tax) given that the instrument was a personal effect that I was using and that I am not a vendor in the commercial sense.

Kindly ensure that the information I require and which is due to me from Amati is provided and that payment is effected by close of business today, failing which I shall have no alternative but to seek council in relation to the damages and prejudice caused to me.
Customer: replied 11 days ago.
Hello, any feedback?
Customer: replied 11 days ago.
Hello, will you still be able to get back to me this morning?

Hi,

Sorry for the delay. I have been Road up with work commitments. If you still require assistance with this, I can get back to you today.

Kind regards