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Anyone know about auction law ?
fluff34567
post Wed, 10 Mar 2021 - 21:39
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hi all,

wondering if anyone here would have an insight into laws and regulations relating to auctions??



Short version a UK based auction company had listed items from a company located switzerland.

An item was listed in the online catalogue and auction was online, items were physically located in Switzerland.

I bid on 1 item, won and paid, the payment was accepted and processed by the auction house.

About 1 week later the auction house informed me the item was not available as the company had decided not to sell it.


I requested the auction house has to supply me with the item - this failed.

As an alternative option i requested the company provide me with a refund including all transaction fees, this they have ignored.


Anyone know what responsibility the auction house would have seeing as the item was listed and not withdrawn from sale at the time of the auction??



Thanks in advance

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post Wed, 10 Mar 2021 - 21:39
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Gerfc1
post Wed, 10 Mar 2021 - 21:43
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If you paid by Paypal you can raise dispute with them.

If you paid by credit card you can raise a dispute under Section 75 with your credit card company.

If you paid by debit card, would be more diffcult but still contact your banking company they may assist.
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Jlc
post Wed, 10 Mar 2021 - 22:07
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What are the auction house's terms and conditions?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Thu, 11 Mar 2021 - 00:13
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I'd want to see the terms and conditions, but from what you say it seems highly likely this would be actionable for breach of contract. I don't see how they could defend a claim for a full refund.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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whitewing
post Thu, 11 Mar 2021 - 01:05
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Any T&Cs that precluded a full refund in these circs would likely contravene unfair terms in consumer contracts legislation, hard to see how they could not be liable for full refund (plus interest) - Letter Before Action time I think
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fluff34567
post Thu, 11 Mar 2021 - 08:42
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Hmmm reading thru the TC has highlighted its a usa based company with various offices around the world.


www.equipnet.com


In my case the contact office is in UK with a UK vat number.

I have an invoice for the completed sale with payment to UK bank account linked to the UK office.

The item was offered for sale by a Swiss company based in Switzerland and the item is in Switzerland but the online auction Invoice clearly states auction and UK bank details/address.

I plan to send another email today requesting either the goods or refund plus all fees and a daily interest rate.

I believe in UK its an LBA then mcol.

In Switzerland there is another option, We can issue the equivalent of a CCJ without any courts process. Im looking at this route as seller refused to provide the items after sale.. need check the scope of this process.
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cp8759
post Thu, 11 Mar 2021 - 09:16
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To be honest I'd just look to issue a CCJ in the UK, if you don't pay you can get a third party debt order against the bank and they'll give you the money held in that account, or in any other accounts the company holds at that bank.


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fluff34567
post Thu, 11 Mar 2021 - 15:25
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Thanks for your info, I think UK route will be the best option.
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hcandersen
post Fri, 12 Mar 2021 - 09:56
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As an example of my local auction's General Ts and Cs:

Your attention is drawn to our Sellers’ Terms and Conditions.
The Auctioneer sells as agent for the seller and as such is not responsible for any default by seller or buyer.

'Agent of'. Your dispute as regards the goods is with the seller.

However, you paid the auctioneer who would normally hold on to the money until satisfied that physical goods had been exchanged.

So rather than just tell us that A hasn't done this or B that, tell us what you asked for in writing and the extent of their reply.

IMO, the auctioneer as agent of the 'seller' has a duty of care to them and you, the latter being that they would withhold payment to the 'seller' pending an exchange of goods.

So, did you tell them that you had not received the goods; did you ask them whether they had passed payment to the 'seller'?

For all I know, this could just be one big scam with the auction house and 'seller' being the same and the goods not existing in reality.

This post has been edited by hcandersen: Fri, 12 Mar 2021 - 09:57
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cp8759
post Fri, 12 Mar 2021 - 12:53
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Well let's be honest, regardless of what the legal position might be, if the auction house is sitting on the money then fluff34567 would on the face of it have an equitable claim against the auction house for unjust enrichment.


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roythebus
post Thu, 25 Mar 2021 - 21:18
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It sounds to me like an online scam. Have you checked the UK company details at Companies House BETA? Have a look who's involved, annual accounts, registered offices etc.

This post has been edited by roythebus: Thu, 25 Mar 2021 - 21:19
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