Swatch Omega Watch Bought At Auction

Robocop35

I have read the link about fake products.  I think the auction house does not believe me even though I have given them the emails from Swatch etc as otherwise they should and would have refunded me by now.

They own 5 different antiques centres across the country, so I am sure they could afford too.

RFW

Alfrescodave said:

Surely this all hinges on the item description that the auction house used?

It doesn't really. If it's illegal to sell it then the description is immaterial. Even if they had listed it as being a fake item they shouldn't be selling it.

It's a myth that auction houses are somehow above consumer laws, there are some instances of that but not many.

There are quite a few reports of prosecutions.

Here's one

https://www.bbc.co.uk/news/uk-england-dorset-41814262

Within this one Sotheby's were duped too but refunded in full.

https://www.telegraph.co.uk/news/uknews/law-and-order/12038215/Art-collector-tried-to-sell-fake-prints-at-Sothebys-to-fund-Brazillian-lovers-visa.html

Pollycat

Robocop35 said:

I have read the link about fake products.  I think the auction house does not believe me even though I have given them the emails from Swatch etc as otherwise they should and would have refunded me by now.

They own 5 different antiques centres across the country, so I am sure they could afford too.

Why do you think the auction house doesn't believe you? 
What have they actually said?

Robocop35

I only think they don't believe me by the fact that they have not refunded me and they were supposedly going to contact me on Monday and I have not heard from them at all which I am not surprised at to be honest.

Vectis

How much did you pay for the watch? Is it something which falls within the Small Claims? Hopefully it is, as I'd hate to think of people buying 'blind' on amounts over the limit.

As you've got evidence from the manufacturer that it's fake, what's stopping you going down the legal route, or at least threatening them with that route, to get your money back?

Robocop35

£107.00 for the lot including postage.  I have thought about that, but I have not looked into the costs of doing that.

I have not threatened with them that, as I was giving them time for them to come back to me.

Pollycat

Robocop35 said:

I only think they don't believe me by the fact that they have not refunded me and they were supposedly going to contact me on Monday and I have not heard from them at all which I am not surprised at to be honest.

But it is only Wednesday morning now - and Tuesday evening when you wrote the above.

This is what I would do:
Contact them by email and tell them you have provided written evidence from the manufacturer (is that evidence 100% sure that the watch is a fake?) to them that the watch is not as described i.e. swatch omega and you want a full refund (including fees) of monies relating to that sale.
I would give them a date by which you want that refund.

Robocop35

I chased the auction house yesterday as I waiting to hear from them, which was nearly 4 weeks ago.  My Bank was not interested in the case.

I emailed a complaint about the company to their bank Virgin Money yesterday and did a form to Citizens Advice.

The Lot was described as follows by the auction house:-

A Swatch Omega watch and a Herbalin wristwatch

He came back to me yesterday and said " As expected it does not claim in any way to be "original"

I said the following back to him with no response:-

Dear Sirs,

There would be no way I would have known from the image that it wasn't an original watch.

If the description had said in the "style of" then I would have known that the auction house was saying it was a fake watch or a copy of the watch.

It then would have been my fault buying the lot in the first place thinking it was original.

As most auction houses would just say "two gentleman watches" for example and not even mention what the makes are etc, so people then decide whether to bid on not and will know they are 98% guaranteed to be copies.

Kind regards

James 



As far as I can see my only option is the Small Claims Court, but its a gamble as it will cost me more  money if i lose.  He has misdescribed the lot as he has stated its a Swatch Omega Watch when it quite clearly is not.  He has never provided me proof that the watch was supposedly bought from Oxford Street Swatch Store in London which is impossible as it never did as its fake.
 

zackary71

Sorry, but I think you should just walk away and cut your losses. The opportunity to view in person was there prior to Auction, as was the opportunity to request a Condition Report. The clearest warning sign is what you paid for 2 Watches...c. £70 hammer price I guess. Last few Swatch Omegas sold at Auction for between £200 and £280 plus commission. Herbelin's £50-100. (I assume Auctioneer made spelling mistake in title) That alone should have set alarm bells ringing, as should the fact they were sold together. A nailed-on Swatch Omega watch with supporting papers, box etc would almost certainly be listed as a single Lot. The Auction House would have done usual ID checks when accepting the consignment, but at that value, they're not going to exercise the same due diligence as if a Phillipe Patek was brought in by someone to sell. End of the day, you took a punt yet broke the golden rule of buying at Auction...you bought blind, (I've done it too) but are expecting recourse when there really isn't any. 

All that being said, the Auction Houses I frequent all are happy to refund if there's an issue, as they want a long-term relationship going forward. One recently mis-described an item, and it wasn't mentioned on the condition report as being Y instead of X. When I collected, and pointed out the issue, they offered a full refund immediately. 

Robocop35

Thanks, I thought forget it as well, there is nothing more than I can do, its just irritating that someone should get away with it.  They should know better.

I was not able to view as I am many hours drive away, so reliant on what I see which is normally the case when buying at auction.

I have bought antiques at auctions for nearly 25 years, this is the first time I have been sold fake goods.