Auction items purchased under Covid-19 lockdown

Shanagarry

I purchased some items in an online auction, which were due to be collected last Tuesday. Following Monday’s announcement, the auction house closed with immediate effect and the items couldn’t be collected. The items were time sensitive and I won’t need them if I can’t have them until this is all over. The auction house isn’t engaging with me - possibly nobody’s working.

Do I have any rights to cancel for non receipt of goods? I paid by credit card.

thanks!
 

soolin

I suspect this will depend on the auction house. The ones I use would consider the item sold to me and therefore mine, even if I couldn't collect due to closure. Mind you, the ones I use all have email support still, probably the owner working from home, but they are chatting and responding to messages generally. However, all my houses didn't close until the end of day after their last auction, which was within their limited collection time.

If this is perishable, then perhaps it is different and you would be able to get them to use common sense and refund, but if it is just something you bought speculatively hoping to turn a quick profit then I suspect you are stuck with it. 

Since the item is technically still available for you and if you paid via credit card for goods over £100 then I'm not even convinced a S75 claim would work.. I would further suspect that any such claim would see you with an instant ban from that and other auction houses generally.

To further complicate matters , if this was bought to resell then it would be a B2B sale anyway and not subject to any consumer rights. 

prowla

soolin said:

I suspect this will depend on the auction house. The ones I use would consider the item sold to me and therefore mine, even if I couldn't collect due to closure. Mind you, the ones I use all have email support still, probably the owner working from home, but they are chatting and responding to messages generally. However, all my houses didn't close until the end of day after their last auction, which was within their limited collection time.

If this is perishable, then perhaps it is different and you would be able to get them to use common sense and refund, but if it is just something you bought speculatively hoping to turn a quick profit then I suspect you are stuck with it. 

Since the item is technically still available for you and if you paid via credit card for goods over £100 then I'm not even convinced a S75 claim would work.. I would further suspect that any such claim would see you with an instant ban from that and other auction houses generally.

To further complicate matters , if this was bought to resell then it would be a B2B sale anyway and not subject to any consumer rights. 

Except the auction house closed before the agreed collection date and is therefore preventing the OP from collecting the items.

RFW

soolin said:

I suspect this will depend on the auction house. The ones I use would consider the item sold to me and therefore mine, even if I couldn't collect due to closure.

I agree. There's no way of knowing from here. I remember quite a number of years ago I'd bought a lot of stock from an auction house I dealt with. I'd paid and collected about 2/3rds of it. I was collecting the rest the next day, in that time the salerooms had a fire and the stock was either destroyed or inaccessible. The auction house wouldn't refund or even claim on their insurance for it.

The point is that once you've paid then it's yours. Obviously this is different and the auction house may not see a problem and just refund, which is what I'd do. Is the time sensitivity something that has now expired or something that can be used again next year? That could also have some bearing if the premises are inaccessible.

I'd try contacting them via Social Media or email, knowing the auction business it's unlikely that no one will be working at all, at least for a prolonged period.

Shanagarry

Thanks for your input. The items purchased are for personal use - a freezer and desk. I need both of them now so I’m going to have to purchase them elsewhere. I do take the point that they’re mine once sold, but at the same time, a) I only purchased them on the understanding I could take possession of them on Tuesday b) I’m being refused access to my goods. There may be legitimacy to this in the current climate, but I’ve been given no say in what happens to my goods.

I have - repeatedly- tried to contact them through various channels, which is probably the most frustrating aspect. If they would just engage we could see if there was a way to work things out.