Auction house withholding payment

Auction house withholding payment

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LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Afternoon all.

I sold my 911E with a well-known auction house back in May at a place famous for horse racing.

It met reserve and I watched the buyer pay for the car in full on his debit card. The auctioneers terms state:

15.1. **** shall pay the Sale Proceeds to the Seller not later than 35 days after the Auction providing that the Purchase Price has been received in full by **** . Unless an alternative method of payment has been agreed by **** in writing, payment shall be made by sending to the Seller a cheque drawn on **** client account by first class post at the Seller’s risk.

It is now 44 days since the auction and I have had no cheque or cleared funds, merely promises that the payment has been sent.

I advised them I would be seeking legal action if I didn't have payment by today, and that has been and gone. What's my next move?

hornetrider

63,161 posts

204 months

Tuesday 30th June 2015
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Is there dialogue? What is their reason for withholding payment?

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Yes have an email from them saying sorry sorry payment has been sent. If this was true I'd have it by now, unless they are hand delivering it from London on horseback!

hornetrider

63,161 posts

204 months

Tuesday 30th June 2015
quotequote all
Sent? Via what means - is it an electronic payment? When was it sent? How long to clear? What was their response when you told them it hadn't arrived?

PurpleMoonlight

22,362 posts

156 months

Tuesday 30th June 2015
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Are they not willing to stop the cheque that has gone missing and issue a replacement?

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Last contact, yesterday lunchtime:

Hi Phil, I do apologise, I have enquired this morning for you, I will be in touch asap.

Rang them today, said the guy I was dealing with wasn't in, I asked to speak to his boss, they said he's out of the country on business.

masermartin

1,629 posts

176 months

Tuesday 30th June 2015
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And his boss?

Barkychoc

7,848 posts

203 months

Tuesday 30th June 2015
quotequote all
I was owed a 5 figure sum from a company I did a lot of work for including employing sub contractors.
I had a web link but can't find it - it recommended 3 stages of letters - well sod that I just did the 3rd one straight away a notice before action letter.
The advice was to make the NOTICE BEFORE ACTION text as large as possible (I did white text on black background as well) then to send it to every single fax number you can find for the company, multiple times if necessary.
It will appear face up on the fax machine and lots of people will see it walking past - it won't be hidden in someone's email inbox.

I got paid the next day after 3 months of chasing.

Rude-boy

22,227 posts

232 months

Tuesday 30th June 2015
quotequote all
LayZ said:
Last contact, yesterday lunchtime:

Hi Phil, I do apologise, I have enquired this morning for you, I will be in touch asap.

Rang them today, said the guy I was dealing with wasn't in, I asked to speak to his boss, they said he's out of the country on business.
Dear Sirs,

Regarding the funds owed to me by you since XX/XX/2015 I have made numerous requests for payment of these to be made to me and have been met with repeated excuses for why payment has not been made. These have even included the time honoured expression of "The cheque's in the Post."

As at the time of writing this e-mail to you I have received my post and there is still no cheque. I therefore require payment of all sums owing to me, in full, by same day direct funds transfer (using the CHAPS system, not Faster Payments or BACS) before 4pm this Friday 3rd July 2016.

If all funds owing to me have not been confirmed as received by my bank by that time I shall have no further option but to instruct my solicitors to issue proceedings against you for recovery of the money due to me, together with interest thereon.

Yours

Mr V. P. Off

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Rude-boy said:
LayZ said:
Last contact, yesterday lunchtime:

Hi Phil, I do apologise, I have enquired this morning for you, I will be in touch asap.

Rang them today, said the guy I was dealing with wasn't in, I asked to speak to his boss, they said he's out of the country on business.
Dear Sirs,

Regarding the funds owed to me by you since XX/XX/2015 I have made numerous requests for payment of these to be made to me and have been met with repeated excuses for why payment has not been made. These have even included the time honoured expression of "The cheque's in the Post."

As at the time of writing this e-mail to you I have received my post and there is still no cheque. I therefore require payment of all sums owing to me, in full, by same day direct funds transfer (using the CHAPS system, not Faster Payments or BACS) before 4pm this Friday 3rd July 2016.

If all funds owing to me have not been confirmed as received by my bank by that time I shall have no further option but to instruct my solicitors to issue proceedings against you for recovery of the money due to me, together with interest thereon.

Yours

Mr V. P. Off
Love it, but not better sent recorded delivery in the post?

TroubledSoul

4,589 posts

193 months

Tuesday 30th June 2015
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Why not send it by both?

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Yep, thanks, sent a fax now with a giant LETTER BEFORE CLAIM and will follow up with recorded delivery letter.

Cheers all, will let you know the result.

ArmyMedic2012

66 posts

137 months

Tuesday 30th June 2015
quotequote all
Rude-boy said:
LayZ said:
Last contact, yesterday lunchtime:

Hi Phil, I do apologise, I have enquired this morning for you, I will be in touch asap.

Rang them today, said the guy I was dealing with wasn't in, I asked to speak to his boss, they said he's out of the country on business.
Dear Sirs,

Regarding the funds owed to me by you since XX/XX/2015 I have made numerous requests for payment of these to be made to me and have been met with repeated excuses for why payment has not been made. These have even included the time honoured expression of "The cheque's in the Post."

As at the time of writing this e-mail to you I have received my post and there is still no cheque. I therefore require payment of all sums owing to me, in full, by same day direct funds transfer (using the CHAPS system, not Faster Payments or BACS) before 4pm this Friday 3rd July 2016.

If all funds owing to me have not been confirmed as received by my bank by that time I shall have no further option but to instruct my solicitors to issue proceedings against you for recovery of the money due to me, together with interest thereon.

Yours

Mr V. P. Off
Please don't send this before amending the date (Friday 3rd July 2016). Your owed money, i don't want something as tivial as a mis-typed date giving them any excuses!

Good luck :-)

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Omg I did redface

ArmyMedic2012

66 posts

137 months

Tuesday 30th June 2015
quotequote all
Whoops! Sorry i did'nt see it sooner, maybe they'll miss it aswel. I'd send it again with correct date on though :-)

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Was wrong on the fax and physical copies, fixed it on the emails I sent. Had better fax again.

ArmyMedic2012

66 posts

137 months

Tuesday 30th June 2015
quotequote all
Hopefully it'll get resolved asap.

hornetrider

63,161 posts

204 months

Tuesday 30th June 2015
quotequote all
Dumbass Rude-Boy hehe

I love how you copied and pasted it verbatim though laugh

LayZ

Original Poster:

1,619 posts

241 months

Tuesday 30th June 2015
quotequote all
Not quite, was a good mashup of that and the citizens' advice letter. Sounded pretty convincing. cool

grimmac

1,412 posts

109 months

Tuesday 30th June 2015
quotequote all
LayZ said:
The auctioneers terms state:

15.1. **** shall pay the Sale Proceeds to the Seller not later than 35 days after the Auction providing that the Purchase Price has been received in full by **** . Unless an alternative method of payment has been agreed by **** in writing, payment shall be made by sending to the Seller a cheque drawn on **** client account by first class post at the Seller’s risk.
So we presume you didn't agree an alternative method of payment, agreed by them in writing..... In which case they have probably sent a cheque by first class post 35 days after the sale at your risk....

What does the "at Seller's risk" actually mean here?

If they send the cheque and it goes missing in the post it's tough luck....?