Auction house withholding payment

[LayZ]

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?

[LayZ]

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!

[LayZ]

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.

[LayZ]

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?

[LayZ]

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.

[LayZ]

Omg I did

[LayZ]

Was wrong on the fax and physical copies, fixed it on the emails I sent. Had better fax again.

[LayZ]

Not quite, was a good mashup of that and the citizens' advice letter. Sounded pretty convincing.

[LayZ]

grimmac said:

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....?

I questioned that wording with them ages ago, they said it was standard legalese. I didn't think much of it at the time...

I did try and get them to agree to a different form of payment but they are so incompetent I gave up.

[LayZ]

Yes definitely not talking about Barons.

The company in question obviously do a high volume of sales, especially given the catalogue for their next auction at Blenheim Palace (which has number of super-high-end lots, e.g. Gullwing SL) so I am not that worried.

I don't think turning up there and shouting the odds is the way to go. Turning up at the next auction and making a nuisance of myself might have a better effect!

Can anyone recommend legal council if they don't comply with my demands (e.g. payment by Friday or else?).

[LayZ]

Yes read the 10/10ths thread, but that must be one out of thousands of cars sold, plus it was eventually resolved.

Don't worry, I am plenty pissed off with them, just don't see how me turning up there is going to make a difference. I don't have a day to waste on that.

[LayZ]

Thanks for the recommendation Breadvan72.

Again I don't really have the bravado to turn up, just a nice idea. A good solicitor will do the best job.

[LayZ]

Tiggers said:

If you can't find a local solicitor to letterbox instructions to Breadvan, i'm happy to letterbox it if needs be. PM me if needed

Fantastic thanks. I'll be in touch if our ultimatum doesn't work.

Still no developments, other than an email from the guy I'd been dealing with on Tuesday saying "he'd address it as a matter of priority", so pinch of salt there.

[LayZ]

Well some developments! A cheque appears, and for the correct amount! Only really good when it is cleared funds of course.

Dated 21st June, postmarked 1st July.

[LayZ]

Sorry guys, should have given you all an update.

Yes cheque cleared, so grateful to all offers of help.

Good to see PH giving them a load of publicity today for the Blenheim auction!