Issue with a commission sale

Issue with a commission sale

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Discussion

theboyfold

Original Poster:

10,920 posts

226 months

Friday 22nd May 2015
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Just before Christmas I handed over a lot of lenses to a well known store in London where they offered to sell my lenses for me. They take a cut, I get the rest after I agree to their terms. One of the more expensive lenses (they had it listed at £600) was sold at a slight reduction, which I agreed to over the phone back in January.

However, I've still not been paid for it as after it was taken out of the shop the customer returned it after he damaged it. At this point I hadn't been paid as they waited 30 days for the next payment run, which is how they always pay on commissions.

However, since the sale, they have sent the lens to be repaired (back in Feb) and I still haven't been paid. They keep saying (we expect to hear at the end of the week) which never happens and now they aren't returning calls or emails.

What should be my next step with them? I feel that the lens was sold on agreed condition, broken whilst in the possession of the purchaser and it's nothing to do with me. They disagree and say they won't pay me until it's fixed, which is still dragging on.

Jonsv8

7,221 posts

124 months

Friday 22nd May 2015
quotequote all
I think you need to determine who's paying for the repair.

If the customer has accepted he broke it and is paying for the repair then I see no issue with you getting paid.

If its deemed faulty at the point of sale then I suspect its you that's paying and they're waiting to know what to deduct.



theboyfold

Original Poster:

10,920 posts

226 months

Friday 22nd May 2015
quotequote all
It wasn't faulty when I handed it over. It was returned after it was sold.

PurpleMoonlight

22,362 posts

157 months

Friday 22nd May 2015
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What timescale does the contract state for payment?

If they are outside that issue them with a 'letter before action' and if they don't pay up file a County Court claim.

theboyfold

Original Poster:

10,920 posts

226 months

Friday 22nd May 2015
quotequote all
30 days from point of sale and then sent on the next payment run, which is the 2nd and 4th Tuesday. Or something like that.

So they are well outside it.

Jonsv8

7,221 posts

124 months

Friday 22nd May 2015
quotequote all
theboyfold said:
It wasn't faulty when I handed it over. It was returned after it was sold.
I don't dispute your view, but I'd check the others think the same. Are they repairing and charging the customer?

theboyfold

Original Poster:

10,920 posts

226 months

Friday 22nd May 2015
quotequote all
Jonsv8 said:
I don't dispute your view, but I'd check the others think the same. Are they repairing and charging the customer?
I'm not disputing it, sorry if that came across as blunt, I was pissed off at something at work! It wasn't faulty when it was sold, another lens needed a service which I paid for. They sent this lens back for repair and have said that I won't pay for the repair, but I won't be paid until it's fixed.

BertBert

19,035 posts

211 months

Saturday 23rd May 2015
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On what basis did the customer return the lens? Just to be fixed or for a refund.

If its still sold and the shop has their money then subsequent repairing of nothing to do with you. Send the letter before action and then small claims.

However it feels more complicated than this.

Bert

theboyfold

Original Poster:

10,920 posts

226 months

Saturday 23rd May 2015
quotequote all
He returned it to be fixed as one of the screws that holds the lens hood in had fallen out, after he bought it. So it's been sent for repair and has been there for a couple of months the last I heard.

Vaud

50,453 posts

155 months

Saturday 23rd May 2015
quotequote all
So you didn't authorise the repair?

Sounds like the sale was complete, any post sale warranty is at their cost and risk, and from their profits, not yours?

Jonsv8

7,221 posts

124 months

Saturday 23rd May 2015
quotequote all
The only reason I'd sit on your money is to wait and see if the report from the repair came back and said it had a previous dodgy repair or something that points to the OP not being honest. Not really right or fair if it was sold but for a lens to break almost immediately would have my alarm bells ringing. The retailer may have to refund the buyer as even used kit needs to be in reasonable condition.

OP - that's not having a go at you, the camera shop may have had chancers before trying to flog dodgy kit and they end up carrying the can. They can't determine which you are at face value.

theboyfold

Original Poster:

10,920 posts

226 months

Saturday 23rd May 2015
quotequote all
Vaud said:
So you didn't authorise the repair?

Sounds like the sale was complete, any post sale warranty is at their cost and risk, and from their profits, not yours?
No I didn't. On a previous lens I authorised a service at my cost.

Jonsv8 said:
The only reason I'd sit on your money is to wait and see if the report from the repair came back and said it had a previous dodgy repair or something that points to the OP not being honest. Not really right or fair if it was sold but for a lens to break almost immediately would have my alarm bells ringing. The retailer may have to refund the buyer as even used kit needs to be in reasonable condition.

OP - that's not having a go at you, the camera shop may have had chancers before trying to flog dodgy kit and they end up carrying the can. They can't determine which you are at face value.
Being a Leica R the lens is old (mid 70s I think) so it will have a history to it and anybody buying these lenses will know that. (Understand you aren't having a go). When I've spoken to the shop about the repair, they said it will be back at the end of the week. This has been the case every time I've spoken to them.

flemke

22,865 posts

237 months

Saturday 23rd May 2015
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theboyfold said:
Being a Leica R the lens is old (mid 70s I think) so it will have a history to it and anybody buying these lenses will know that. (Understand you aren't having a go). When I've spoken to the shop about the repair, they said it will be back at the end of the week. This has been the case every time I've spoken to them.
If I were you, I'd ask who was doing the repair - if you have not been paid yet then in some sense it is still your lens - and contact them to find out what is happening.

theboyfold

Original Poster:

10,920 posts

226 months

Sunday 31st May 2015
quotequote all
Thanks for the advice, I've just written a letter based on this template which will be in the post to them first thing tomorrow.

7db

6,058 posts

230 months

Tuesday 2nd June 2015
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Sounds to me like the sale isn't complete and may be reversed, but the agent is taking some steps (slowly) to ensure that the sale does in fact complete.

theboyfold

Original Poster:

10,920 posts

226 months

Tuesday 2nd June 2015
quotequote all
I wrote, but didn't post the letter on Sunday, I planned to do it on Monday.

Monday morning I hear the lens is back and the customer is happy. So I've asked to be paid quickly, but of course they've ignored my email. At least it's sorted now and I didn't have to get in the issue with letter.


7db

6,058 posts

230 months

Tuesday 2nd June 2015
quotequote all
From one point of view, you must be really grateful that the agent has to deal with all this hassle from the buyer and not you. Earned their commission on this one!

theboyfold

Original Poster:

10,920 posts

226 months

Tuesday 2nd June 2015
quotequote all
7db said:
From one point of view, you must be really grateful that the agent has to deal with all this hassle from the buyer and not you. Earned their commission on this one!
Yes, in a way. That's a good thing. They don't cover themselves in glory with their communication skills though.

Alls well that ends well though.

BertBert

19,035 posts

211 months

Tuesday 2nd June 2015
quotequote all
theboyfold said:
Yes, in a way. That's a good thing. They don't cover themselves in glory with their communication skills though.

Alls well that ends well though.
Are you sure it's ended? Do you have your money?
Bert

theboyfold

Original Poster:

10,920 posts

226 months

Tuesday 2nd June 2015
quotequote all
BertBert said:
Are you sure it's ended? Do you have your money?
Bert
Not yet, but I don't doubt that. They have been good with the previous 6 lenses.