Here is my legal service letter to Michael & Anita Cottam, directors of Barnstaple Auctions Ltd. However, they called me to say they no longer operated the business, and that it was now likely owned by a Michael Stuart Prowse, whom I have now sent the same letter / demand for refund.
19th August, 2016
To: Michael & Anita Cottam, Directors, Barnstaple Auctions Ltd.
Re: Complaint and demand for refund, warning of court action.
19th August, 2016
To: Michael & Anita Cottam, Directors, Barnstaple Auctions Ltd.
Re: Complaint and demand for refund, warning of court action.
CC: Devon & Somerset Trading Standards
Easy Live Auction.Com
Dear Mr. & Mrs Cottam
I am writing to you recorded delivery at
Ararella, School Road, Blackpool, FY4 5EJ as this is the service
address given by Companies House, but I will also send a copy to your
business address at Pilton Quay, Barnstaple, North Devon, EX31 1PB.
On this subject, I can not find a registered address for your
business on your web site; I thereby believe you are in breach of the
law on this issue as I believe it is a legal requirement to provide
such information clearly on your web site, and I can not find it. I
have copied this letter to Trading Standards (as part of my complaint
against you) and Easy Live Auction.com as I bid and bought the item
through them.
I need to complain about your businesses' conduct and also demand a full refund for Lot 246 from your 12th August 2016 auction. I bought a new boxed 12ft trampoline (see attached screen grab) but upon receipt and opening of the box, there was no trampoline inside, just a trampoline net. So the item was either missing or misdescribed.
Please note: I do not have a copy of the paid invoice from you. I paid £18 hammer price plus a buyer’s premium of 17% + VAT, total £21.67.
1) First my complaint about your exceptionally bad conduct / attitude.
I requested a refund for the above lot by email and received an initial response from Phoebe (your staff) refusing this, citing a term / condition of your auction house. Since I replied to her email, pointing out the law on this matter, she has refused to reply (see enclosed email). Then, as advised to do so by law, I returned the item to your facility at 9:00 on the 18th August 2016, unloaded the complete item against your front wall (as per the enclosed photos), unable to gain entry to your office despite it being then after 9:00, spoke to one of your staff, a mature lady who arrived with her car and parked it onto your front forecourt area, I then explained about the item and why I was returning it, the lady of your staff said “OK, I will have somebody deal with it, leave it there”. I then drove past your auction house the next day only to see the item still against your wall, packaging sodden from the rain and available to anyone to steal / remove. Mr. Stanbury*, even if you wish to challenge my refund demand, you have a care of duty to me and that item, and by leaving it outside as you have not only illustrated an incredibly bad unprofessional attitude by your entire auction house, but also rendered yourself liable for that item irrespective of whether my refund for the item being “not as described” is upheld / agreed or not. You have not contacted me as you could or should given you are aware the item is outside, your having my contact email and phone details, and as you have not advised me of any refusal by you to accept and / or care for the item, especially given your staff member's involvement when I dropped it off, you are liable as the item is no longer in new condition and may well be subject to theft / loss / damage.
2) Second, my demand for a refund as the item was not as described.
Because the item was new (therefore lawfully a “consumer” sale, not a “business” sale, whereby you are unable to limit my legal consumer rights) and / or the item was boxed and so that the only pre-sale inspection possible was of the box, not of the contents, and / or that you also have a legal liability to provide goods suitable for the purpose for which they were sold, and / or that the Sale of Goods Act was not denied, and / or that the goods were not sold as seen, your standard auction conditions, which can only be applied to second hand items which can be fully inspected, can not be applied. You therefore have a legal duty to refund as the item is not as described and / or unsuitable for the purpose for which it was sold.
3) Third, my additional refund claim for your lack of due care
I need to complain about your businesses' conduct and also demand a full refund for Lot 246 from your 12th August 2016 auction. I bought a new boxed 12ft trampoline (see attached screen grab) but upon receipt and opening of the box, there was no trampoline inside, just a trampoline net. So the item was either missing or misdescribed.
Please note: I do not have a copy of the paid invoice from you. I paid £18 hammer price plus a buyer’s premium of 17% + VAT, total £21.67.
1) First my complaint about your exceptionally bad conduct / attitude.
I requested a refund for the above lot by email and received an initial response from Phoebe (your staff) refusing this, citing a term / condition of your auction house. Since I replied to her email, pointing out the law on this matter, she has refused to reply (see enclosed email). Then, as advised to do so by law, I returned the item to your facility at 9:00 on the 18th August 2016, unloaded the complete item against your front wall (as per the enclosed photos), unable to gain entry to your office despite it being then after 9:00, spoke to one of your staff, a mature lady who arrived with her car and parked it onto your front forecourt area, I then explained about the item and why I was returning it, the lady of your staff said “OK, I will have somebody deal with it, leave it there”. I then drove past your auction house the next day only to see the item still against your wall, packaging sodden from the rain and available to anyone to steal / remove. Mr. Stanbury*, even if you wish to challenge my refund demand, you have a care of duty to me and that item, and by leaving it outside as you have not only illustrated an incredibly bad unprofessional attitude by your entire auction house, but also rendered yourself liable for that item irrespective of whether my refund for the item being “not as described” is upheld / agreed or not. You have not contacted me as you could or should given you are aware the item is outside, your having my contact email and phone details, and as you have not advised me of any refusal by you to accept and / or care for the item, especially given your staff member's involvement when I dropped it off, you are liable as the item is no longer in new condition and may well be subject to theft / loss / damage.
2) Second, my demand for a refund as the item was not as described.
Because the item was new (therefore lawfully a “consumer” sale, not a “business” sale, whereby you are unable to limit my legal consumer rights) and / or the item was boxed and so that the only pre-sale inspection possible was of the box, not of the contents, and / or that you also have a legal liability to provide goods suitable for the purpose for which they were sold, and / or that the Sale of Goods Act was not denied, and / or that the goods were not sold as seen, your standard auction conditions, which can only be applied to second hand items which can be fully inspected, can not be applied. You therefore have a legal duty to refund as the item is not as described and / or unsuitable for the purpose for which it was sold.
3) Third, my additional refund claim for your lack of due care
As
you have left the item outside subject to the elements, theft, abuse,
etc., you are also liable to refund on this basis.
I hereby give you 14 days to refund me and in full, or I will issue a Small Claims against you and without further notice for £21.67 plus costs
Please note: I reserve the right to publish this letter online as an advisory to others about your conduct.
Yours sincerely
I hereby give you 14 days to refund me and in full, or I will issue a Small Claims against you and without further notice for £21.67 plus costs
Please note: I reserve the right to publish this letter online as an advisory to others about your conduct.
Yours sincerely
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