A tale of woe- NDA's - None payment - Should have used PH!
Discussion
Just a bit of a warning really I'm aware of the PH name and shame rules so I will not name the company as per the rules but crikey what a nightmare I am having/have had. Had a car in an Auction recently. It didn't sell but the Auction house said they were putting a deal together with an overseas buyer. Gave them a couple of weeks and nothing was happening I couldn't even get hold of anyone for 5 days immediately after the auction this was an ongoing theme. I set off to go collect the car but during the journey they called and told me they had a deposit from the mystery buyer. I said OK you get the deal down and money in the bank for me by XYZ date and all good you can do the deal. This never happened so I made attempts to pick my car back up and I was refused!
So as of today we are nearly 5 weeks post auction I have no car in my possession and no money. Because I made a review on Trustpilot they then after days of not being able to get a reply from them contacted me with an NDA to sign in order to release my money! So they would only pay the money they owe me for the car if I sign an NDA! In 15 years in the trade and over 20 in the car world I thought I had seen it all but this is something else! These are some of the terms they were demanding:
4. Non Disparagement and Public Conduct
4.1 The Settling Party undertakes that they shall not directly or indirectly
(a) make publish or cause to be published any negative or disparaging statements
(b) post or encourage online reviews comments or social media content
(c) communicate complaints to third parties
(d) threaten reputational harm
relating to the Company its business directors employees or services
4.2 This clause applies to all public domains including but not limited to Google social media
forums
review platforms and direct communications with third parties
So a note of caution! If you have a car to sell sell it to a reputable dealer like me OR if you are going to go to Auction I can recommend Anglia/Iconic and of course Dave and the excellent team at Pistonheads who do a great job and you keep the car in your possession until the money is in the bank. I made a boob here and at the moment I have no car, no money and the company are saying they are going to report ME to the police!
Please do your research on these places and another thing dont trust Google! Google have disabled reviewing of the companies google profile and looking into it they do this when there is a "surge" of bad reviews for example following an auction so the rating they have is artificially high. I have never come across this before!
The company have been sent a letter before action but it now looks like we have to take them to court to get paid....if they don't go bust!
So as of today we are nearly 5 weeks post auction I have no car in my possession and no money. Because I made a review on Trustpilot they then after days of not being able to get a reply from them contacted me with an NDA to sign in order to release my money! So they would only pay the money they owe me for the car if I sign an NDA! In 15 years in the trade and over 20 in the car world I thought I had seen it all but this is something else! These are some of the terms they were demanding:
4. Non Disparagement and Public Conduct
4.1 The Settling Party undertakes that they shall not directly or indirectly
(a) make publish or cause to be published any negative or disparaging statements
(b) post or encourage online reviews comments or social media content
(c) communicate complaints to third parties
(d) threaten reputational harm
relating to the Company its business directors employees or services
4.2 This clause applies to all public domains including but not limited to Google social media
forums
review platforms and direct communications with third parties
So a note of caution! If you have a car to sell sell it to a reputable dealer like me OR if you are going to go to Auction I can recommend Anglia/Iconic and of course Dave and the excellent team at Pistonheads who do a great job and you keep the car in your possession until the money is in the bank. I made a boob here and at the moment I have no car, no money and the company are saying they are going to report ME to the police!
Please do your research on these places and another thing dont trust Google! Google have disabled reviewing of the companies google profile and looking into it they do this when there is a "surge" of bad reviews for example following an auction so the rating they have is artificially high. I have never come across this before!
The company have been sent a letter before action but it now looks like we have to take them to court to get paid....if they don't go bust!
I've bough and sold cars at classic auctions at Brightwells and Manor Park, and bought from ACA and H + H, never had an issue, what a palaver! I don't favour these pop-up auctions generally though. Iconic are the worst at places like Ascot. You are pressured into selling if a bid is under reserve, and the buyers have to collect, often within 24 hrs or pay an expensive uplift charge and subsequent storage! Is this part of the issue, a large bill? The vehicle would have had to be removed from the grounds within a couple of days I expect.
I favour those with their own premises so there is no rush to arrange collection, time to shop for insurance, consider the option to drive it away etc. Some give you a couple of weeks of free storage.
I favour those with their own premises so there is no rush to arrange collection, time to shop for insurance, consider the option to drive it away etc. Some give you a couple of weeks of free storage.
fridaypassion said:
CoolHands said:
Isn t that basically theft? You gave them your car to auction and they ve just had it away? Presume no tracker on the vehicle.
Unfortunately not. The car has been reported stolen I've no idea where it is. I assume you reported it as stolen?
Do this company not have a HQ where operations/photos/ descriptions/storage of cars are done or are we talking a SCOM type scan unfolding?
Surely if they’ve taken a deposit and the buyer hasn’t the means to complete the sale within the T&C’s timescale then they are quids in and simply hand the car back to you ?
Or
Is the buyer trying to pull out because they are claiming the car isn’t as described ?
Shocking state of affairs which doesn’t show the trade in a good light..I sincerely hope you get a resolution soon.
hmg said:
I assume you reported it as stolen?
Do this company not have a HQ where operations/photos/ descriptions/storage of cars are done or are we talking a SCOM type scan unfolding?
Surely if they ve taken a deposit and the buyer hasn t the means to complete the sale within the T&C s timescale then they are quids in and simply hand the car back to you ?
Or
Is the buyer trying to pull out because they are claiming the car isn t as described ?
Shocking state of affairs which doesn t show the trade in a good light..I sincerely hope you get a resolution soon.
The NDA came through really quickly they clearly have this as part of their operation and it is mentioned on the reviews that they tried this on with someone else previously. It's utter madness I've never had any issue like this before. The car they say is going for export and has been paid for in full. SO they have the money in full for it but are just simply refusing to pay me.
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