Auction Problem

phildux

Hi all hope somebody could help with a little problem i have. i bought via an online auction a large digital printer. I live in Bradford and the sale was in Glasgow and viewing was the day before the auction. Viewing day was Thursday 6th May and the auction ended Friday 7th May. As I live 260 miles away I was unable to attend the viewing. The auction finished and I bought some item, advised by the auctioneers that the good had to be removed from the site on Monday 10th between 10:00 – 16:00. I arranged to take a days annual leave at the last minute with my employer, travelled up to Glasgow Sunday evening to be there bright and early Monday Morning.

Monday Morning came the doors opened on the site I paid my fees and was allowed to start taking my lots out. The previous owner approached me and told me that the printer had not been used for some time and had been de commissioned. Which means this would cost a small fortune to get this back up and running. On getting back home I emailed the auctioneer and advised them of the problem and there basic attitude is tough. Below is a link to the auction (photo catalogue at the bottom of the page) and its lot no 2 that I am having a problem with.


also on there home page at the bottom are there terms and conditions

although it dose not say in the description that the printer is in working order, am I wrong in just presuming it should be in working order. Is there anything I can do?

Kind Regards
Phil

mjgreen60

I assume it's this auction:

http://www.sweeney-kincaid.com/Sales/PhotoCatalogueOAS.aspx?Status=2&CatMode=1&SaleID=1477&sta=A&s=1#frmFocus

OP's lot: http://www.sweeney-kincaid.com/Sales/Live/PlaceLiveBid.aspx?SaleID=1477&LotNumber=2&CatMode=1&PageNo=0&strBidStatus=A

Sorry, can't offer any advice, but thought I'd help out

mjgreen60

"No Lots are sold as new and all Lots are believed to be correctly described and are sold without warranty".

This could be a problem for you.

phildux

i new it was secondhand but at least expect it to work, i do not want a the money back or want a refund i want them to arrange to have it repaired. i have put a letter together which i plan on sending recorede delivery tomorrow on the lines below.

Mr Phil

Bradford

West Yorkshire

BD

Sweeney Kincaid Ltd
19 Colquhoun Avenue
Hillington
Glasgow
G52 4BN

Date 13/05/2010

To Whom It May Concern:
With Reference: Invoice ID 20
On Friday 7th May 2010 I bought from your Auction Lot No: 2 a Mutoh Rockhopper (Re Branded Spandex Jetster) received it on 10th May 2010. I have discovered that the Mutoh Rockhopper (Re Branded Spandex Jetster) has the following problem: This has not been in use for a very long time, the print heads are blocked, no cabling & has been de commissioned.
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have the Mutoh Rockhopper (Re Branded Spandex Jetster) repaired or replaced and I would request that you confirm that you will do this within the next seven days.
I also require you to confirm whether you will arrange for the Mutoh Rockhopper (Re Branded Spandex Jetster) to be collected or will reimburse me for the cost of returning it.
I look forward to hearing from you
Yours sincerely

P D

mjgreen60

Think you could struggle with this.

If you have a look at http://www.adviceguide.org.uk/index/c_buying_at_auction.pdf - on the bottom of the first page it states that you may lose your rights under the SOGA if the goods are second hand AND you have the opportunity to attend the sale in person (I know it was an online auction but you were able to view the items before bidding, also I know it was a long way for you, but it was technically feasible) AND that the goods were sold as seen (which it states in the online catalogue).

The other point is that according to this guide, when buying at auction, you enter a contract with the seller not the auctioneer, so you have to take action against them instead. But to make it harder, the auction house do not have to provide contact details for them!!

I am in no way a legal expert, so please don't take this all as gospel, it's just some info I managed to find.

HTH

phildux

I did email the auctioneers earlier today to tell them of my situation, and was told by them that I should have plugged it in to try it. But they are contradicting themselves as it states in their terms and conditions

Under the section 6.CONDUCT OF SALES AND FORMATION OF CONTRACTS

“6.16When inspecting Lots You must not damage, dismantle or move them or plug any equipment in to electric supply outlets.”

I just feel very hard done by and just being fobbed of by them. The cost of the item in question including there 10% was £1338.75, how much would it cost for me to take them to county court? i live in Bradford West Yorks, they are in Glasgow where would i register this? Are the rules different in Scotland?

withabix

You can't sue the auctioneer - you can only sue the previous owner.

Auctions

When you buy goods at an auction, your rights will depend on whether the goods are new or second-hand, and whether the seller is a trader or a private individual. The seller will be the original owner of the goods, and not the auctioneer. Your rights may also depend on whether you were given the opportunity to attend the auction in person.
New goods

If you buy new goods at an auction from a trader, you will have the same legal rights as if you bought them in a shop - see under heading Your legal rights when you buy goods.
If you buy new goods at an auction from a private seller, you will have less legal rights. You will have the same rights as those described under the heading Buying goods from a private seller.
Second-hand goods

If you buy second-hand goods from an auction which you aren't given the opportunity to attend in person, for example an internet auction, your rights will depend on whether the seller is a trader or a private individual.
If the seller is a trader, you will have the same legal rights as if you bought the goods in a shop - see under heading Your legal rights when you buy goods.
If the seller is a private individual, you will have the same rights as those described under the heading Buying goods from a private seller.
If you buy second-hand goods from an auction which you attend in person (or are given the opportunity to attend in person), you may have no legal rights at all. This will be the case only if you are told that your legal rights don't apply, or that the goods are 'sold as seen'. This information could be in the auction catalogue or displayed on a notice. The auctioneer can only say that your legal rights don't apply if it is reasonable to do so.

mjgreen60

phildux wrote: »

I did email the auctioneers earlier today to tell them of my situation, and was told by them that I should have plugged it in to try it. But they are contradicting themselves as it states in their terms and conditions

Under the section 6.CONDUCT OF SALES AND FORMATION OF CONTRACTS

“6.16When inspecting Lots You must not damage, dismantle or move them or plug any equipment in to electric supply outlets.”

I just feel very hard done by and just being fobbed of by them. The cost of the item in question including there 10% was £1338.75, how much would it cost for me to take them to county court? i live in Bradford West Yorks, they are in Glasgow where would i register this? Are the rules different in Scotland?

I completely sympathise with you, it certainly is a large sum of money. Only problem is I think you really would struggle to win the case, whoever it is against. If you did want to pursue it, I think for the sum in question, it would be small claims court, not county court but I'm not sure whether things are different with them being based in Scotland. Plus you have to pay initial fees to get the case brought against the auctioneers or (more likely) the seller. You would lose this fee if you lost the case.

Don't want to be the bearer of bad news and, as I said before, I am no legal whizz. However, reading the info on the link above, doesn't sound too good! :mad:

phildux

As far as i am concerned the auction house terms and conditions have been thrown out of the window. I did email the auctioneers earlier today to tell them of my situation, and was told by ONE OF THE DIRECTORS

"that I should have plugged it in to try it."

But they are contradicting themselves as it states in their terms and conditions

under the section 6.CONDUCT OF SALES AND FORMATION OF CONTRACTS

“6.16 When inspecting Lots You must not damage, dismantle or move them or plug any equipment in to electric supply outlets.”

So dose he know what he is on about, is he now in breach of the terms and conditions by telling me i should have plugged it in to try when his terms and conditions say the exact opposite.

i have told him of this that His rules say one thing and now he is telling me something else, and the last email i got was to go through his Solicitor (who was copied in the emails) has his Solicitor told him to shut up before he drops himself anyfuther in.

toxic1990

I don't see how him contradicting T&C with a reletively off cuff comment is grounds for anything, it wasn't a factor in the purchase, if just means the advice after the event was poor. You are clutching at straws if you think that its an out.

bribri_2

OP - in what way was the printer decommissioned and why would it cost a small fortune? How much is a small fortune?