Auction Company Refused to Give Refund for For Vehicle Not provided

Fed50

Hello All

I have a small company in Scotland and we bought a vehicle from a auction company in England (not Ebay). Initially we bid on one vehicle them moved to another as the reserve was not met. The first vehicle had its reserved dropped last minute and I won the second.

We had a small set to as I argued I the last minute nature of the reserve drop did not give me time to cancel and anyway they decided to cancel the first transaction and I said I would honour the second vehicle which I did and paid in full I have all this in writing. After paying in full I discovered the seller had actually sold the vehicle I paid for. I requested a refund and they refused. They then tried to deduct the auction fees for the vehicle they had cancelled (£1200). I went back and forward for a week with them refusing to fully refund. I then threatened legal action and proceeded down that route I also consequently left a negative seller review on Google. They have now 'fined' me £3000 for leaving a bad review which is against their T&C's and refunded by only £2000 out of a £6000 transaction. I have raised a claim in the small courts in Scotland which has been accepted but they are now saying their jurisdiction clause says it can only be heard in England. 

They are also saying their arbitration clause states we have to arbitrate through an agreed solicitor before legal action. My long winded query is:

Is the jurisdiction clause enforceable as in will this be thrown out the Scottish Court who have already accepted the claim to be heard 

Is the Arbitration clause enforceable 

Many Thanks in advance

Bookworm105

best to get proper legal advice 

Grumpy_chap

This is a business transaction.
The first thing to do is read and understand the terms of engagement with the auction company.

Fed50 said:

Hello All

I have a small company in Scotland and we bought a vehicle from a auction company in England (not Ebay). Initially we bid on one vehicle them moved to another as the reserve was not met. The first vehicle had its reserved dropped last minute and I won the second.

We had a small set to as I argued I the last minute nature of the reserve drop did not give me time to cancel and anyway they decided to cancel the first transaction and I said I would honour the second vehicle which I did and paid in full I have all this in writing. After paying in full I discovered the seller had actually sold the vehicle I paid for. I requested a refund and they refused. They then tried to deduct the auction fees for the vehicle they had cancelled (£1200). I went back and forward for a week with them refusing to fully refund. I then threatened legal action and proceeded down that route I also consequently left a negative seller review on Google. They have now 'fined' me £3000 for leaving a bad review which is against their T&C's and refunded by only £2000 out of a £6000 transaction. I have raised a claim in the small courts in Scotland which has been accepted but they are now saying their jurisdiction clause says it can only be heard in England. 

They are also saying their arbitration clause states we have to arbitrate through an agreed solicitor before legal action. My long winded query is:

Is the jurisdiction clause enforceable as in will this be thrown out the Scottish Court who have already accepted the claim to be heard 

Is the Arbitration clause enforceable 

Many Thanks in advance

Smartun

A county court judge can nullify any term or condition on the basis that it is unfair or un reasonable.

Over many years I learned that terms and conditions paperwork doesn't really mean much. What matters is which terms a judge will allow. Things like a financial  punidhment for free speech or non court mediation are likely to be tossed out by the judge.

The Scottish company you dealt with can only demand you use the Scottish legal system if the contract states that "exclusively Scottish law applies". If there is no exusivity then English law and English courts also have jurisdiction. I know this from experience

Good luck

sheramber

Smartun said:

A county court judge can nullify any term or condition on the basis that it is unfair or un reasonable.

Over many years I learned that terms and conditions paperwork doesn't really mean much. What matters is which terms a judge will allow. Things like a financial  punidhment for free speech or non court mediation are likely to be tossed out by the judge.

The Scottish company you dealt with can only demand you use the Scottish legal system if the contract states that "exclusively Scottish law applies". If there is no exusivity then English law and English courts also have jurisdiction. I know this from experience

Good luck

The OP dealt with an English company.