Pilton Auctioneers of Barnstaple, North Devon - Be Warned

Pilton Auctions - A BIG tumbs down

Subjects: Unlawful auction business operation, possible "theft" of business from previous owners, false lot descriptions (be warned, their terms and conditions attempt to allow them to describe chalk as cheese, and / or "beyond repair" as "in working condition" and get away with it), tatt, extremely bad attitude and business methods by Pilton Auctions (proprietor: Michael Stuart Prowse, methinks the Del Boy Trotter of the auction world).

On the 12th August 2016, I bought several items, including an alleged (described as) boxed (new) trampoline at Pilton Auction House, Pilton Quay, Barnstaple; obviously, it was not possible for myself or any bidders to inspect the sealed box contents prior to bidding, so the box and auction lot description apply. When I got the item home and opened it, there was no trampoline inside, just a trampoline net. When I asked for the missing trampoline or a refund by email, I got a single reply advising their terms and conditions stated they did not accept refunds even if they falsely described an item. When I replied substantially citing the law (on my side) on the matter, Pilton Auctions ignored me. Here are my emails with Phoebe Jenkins

Reading the advice on several sites including Citizens Advice, I returned the item to them. On a clear sunny day I placed it against their wall as, although it was after 9:00, they had not opened their doors for me to take it inside. Instead, a member of their staff who just arrived in her car said that she would have someone deal with it. When I drove past a day later, the item was still there outside, soaking wet from the overnight rain, able to be taken by anyone (as it had clearly been left there all day and overnight). Piltons never contacted me to say "Take it away or we will leave it where you did" and given their staff were aware of / had said they would take care of it, they had a legal and moral duty to take the item in and if they felt I had no right to return it, they should have emailed / phoned me, of course.

The item has now gone from the wall. I do not know if it has been taken in by Pilton Auctions, stolen or dumped, as they have not contacted me about it, of course. In any event, they had legal care of the item and are liable.


The fact they act this way in extreme bad faith makes them, in my book, the very worst auction house in the UK, and I have no doubt this is the reason apparently a) they have very little of anything worthwhile to sell, and b) what they do sell often goes for peanuts; often many lots go for only £1. I suspect the seeming lack of quality items to auction / low hammer prices are as a result of Pilton Auctions bad attitude (as I suspect buyers and sellers avoid them). Also perhaps, that this worsening comparatively low value auction business in itself causes financial restrictions for them to be able to afford to refund anyone, even if they wanted to live up to their obligations to do so, which clearly they do not given their clear exceptionally bad attitude; thus consequently and increasingly exasperating their business levels.

Pilton Auctions act unlawfully in any event as they are in breach of the
Business Names Act 1985, as they do not identify the legal owner of the auction on their web site. Claims on that same web site that they have 30 years experience in the business also appear false, as you will find out if you read on.

I researched the web and found that Barnstaple Auctions Ltd were listed as the operators of Pilton Auctions, so I wrote to their directors, Michael & Anita Cottam at their service address in Blackpool threatening legal action if they did not refund; Here is my letter threatening legal action to Mr & Mrs Cottam. I also sent a copy to Pilton Auctions at their operating / business address on Pilton Quay. But, Michael & Anita Cottam / Barnstaple Auctions Ltd no longer trade / operate Pilton Auctions! Michael Cottam called me and explained that they had been refused a renewal on their building lease in 2014, had to leave the site, but then were astonished to find out that someone else simply moved in and continued trading as Pilton Auctions as if they were the same business! Mr. Cottam went on to say that he believed the people now operating Pilton Auctions were a Michael Stuart Prowse with help from one Dave Madgwick, with Michael Prowse's girlfriend none other than Phoebe Jenkins, the rude office manager.

Michael Cottam also told me that he had been inundated with complaints about Pilton Auctions since Michael Prowse started operating at Pilton Auctions, and that all of the good will he had built up had gone almost overnight.
 
In order to demand a refund, threaten legal action and utilmately take a business to court, you need to know and write to the legal entity, which was no longer Mr. & Mrs. Cottam's Barnstaple Auctions Ltd, and which information was unlawfully missing from the Pilton Auctions web site and elsewhere. Luckily, I had Pilton Auction's current VAT number (no one cheats / witholds from the tax man), and by performing a search on the EU's VIES VAT number search facilty, found out that indeed, the registrant was one Michael Prowse. Which indicates the business is now
Michael Stuart Prowse dba Pilton Auctions, which information by law should be on their web site, but isn't. Given Pilton Auctions were sent a copy of my letter to Mr & Mrs Cottam, it certainly looks like Michael Stuart Prowse is, at best, ellusive; I wonder why?!

So, then, I sent the same letter by signed for delivery to Pilton Auctions
; Here is my letter to
Michael Stuart Prowse. I will post any response from him / them to my letter, which I will also be sending to Devon Trading Standards. Unless they refund and make good, I will take them to court. It is not the money so much for me, but the fact they really disappointed my daughter without a care in the world, and the principle of course; this is no way to conduct business or treat people / your customers.

However, it more than appears Michael Prowse / Pilton Auctions have refused to sign for my recorded delivery letter! No surprises for me there. Unfortunately for
Michael Stuart Prowse, their collection agent, "Phil", was collecting some items from an adjacent barn for auction, and I had been asked to make sure the right things were taken and to get a receipt. So, I added an envelope containing my letter (addressed to Michael Prowse), gave it to Phil, and he signed for it along with the other items being taken for auction. In addition, I sent an email to the live bidding provider (Easy Live Auction) complaining and attached a copy of my correspondence as above. Pilton Auctions acknowledged the read receipt, probably by mistake (the read acknowledgement was made at 10:35 PM, August bank holiday Monday), perhaps caught out while in a drunken stupor, because they have not acknowledged email receipt / read requests before. Hic! Duh!

Consequently,
Mr. Prowse was lawfully served both on the 27th and 29th of August, 2016 and has 20 days before I file a County Court Small Claims. Pilton Auctions apparent attempts to avoid legal service have failed; tough luck guys.


Funny: I have just been notified that Pilton Auctions have banned me from bidding at their auctions via Easy Live Auction! A lesson in juvenile stupidity and abject futility. Oh bother, now I can't bid on their tatt, be treated like garbage and get ripped off again!
 
I have given Mr. Prowse / Pilton Auctions the right to reply to this blog, and will publish anything they have to say.

What I bought and paid for -  sealed box (not able to inspect contents pre-sale) - alas no trampoline inside
Where I took and left the item after a member of their staff said she would have someone deal with it.
No owner information here, as is legally required, hmmmmm.

Michael Stuart Prowse

Michael Stuart Prowse apparently is the new (since 2014) owner of Pilton Auctions in Barnstaple. It appears he came to operate this business by highly contentious means, that the previous owner / operators of Pilton Auctions, Mr & Mrs Cottam, were one day refused a renewal on their property lease, had to leave, and were amazed to find that the business simply continued operating at Pilton Auctions as if nothing had happened! It seems their business good faith was simply taken from them as if it were a perverted game of musical chairs, wtih Michael Stuart Prowse grabbing their seat from under them.

It seems that Michael Stuart Prowse had absolutely no experience in the auctions business, having been a director previously of K2 Management Renewables, Ltd in Bishops Stortford, which directorship ended on the 24th March 2014, and before that was a director of Mill View (St. Michaels Road) Management Company Ltd in Wickford, Essex, showing Michael Prowse to be then resident in Chelmsford, Essex. So I am not sure where he gets his web site claim that "they" have 30 years experience in the (auctions) business.

Anyway, here is my letter to Mr. Prowse. Let us see what happens.


26th August, 2016

To: Michael Stuart Prowse, Pilton Auctions

Ref: Demand for refund / warning of county court claim.


CC: Devon & Somerset Trading Standards
Easy Live Auction.Com

Dear Mr. Prowse

Michael Cottam has informed me that his company no longer trades as Pilton Auctions, but that you now do. According to the EU VAT database, you are the sole registrant of UK VAT Reg No 223 7179 13, and therefore my deduction is that you are a sole trader, as there is nothing to say otherwise that I can find anywhere else. You appear to be trading unlawfully as there is no such information on your web site or invoices.

It seems that you are deliberately elusive and have an especially bad reputation; this comes as no surprise to me.

The contents of the enclosed letter thereby now apply to you personally, unless you furnish me with substantive information on who / what is the legal entity now trading as Pilton Auctions.

You have 20 days to respond and refund or I shall commence a Small Claims against you without further notice. Please note, I am publishing the facts about you and your auction business as clearly this is in the public's best interests; if you have any substantive objection(s) to specific elements of these public warnings, please let me know in writing.

Yours sincerely

Phoebe Jenkins Barnstaple auctioneer emails

Here are my emails with Phoebe Jenkins (please see how she ignores me once I state my legal rights). It is in reverse order, the newest email first, the oldest last. You will see she offers to resell it, but that would mean the item sold for much less (as only a trampoline net) and they would make both a seller's and buyer's commission (premium) from this; this refusal to honour the law and their greed is totally unacceptable. Notice particularly her closing line "I’m sorry we cannot be of any further help." as in "We will not discuss this or reply to you again" (go away / get lost). It seems a well used sentence of hers / theirs to me.

PS
As the item was new, the law is different, as it is a Consumer sale (which you can not remove the consumer rights thereof with any T&C's, even if you claim the Sale of Goods Act does not apply), not a "Business" transaction as will second hand / used goods. The item was in a sealed box, so the contents could not be inspected. And I bought it online, so Distance Selling Regulations apply. I know the law well.
I would prefer to get the missing trampoline of course. If not, I am entitled to a refund.
I do not want to fall out with you over this, and would be happy to receive a credit for a future auction.
Regards
Mark

-------- Original Message --------
Subject:     Re: Collection of lots
Date:     Sun, 14 Aug 2016 06:30:50 +0100
From:     Me
To:     Pilton Auctions <info@piltonauctions.co.uk>


Hello Phoebe
I am sorry, but I know my rights, and I know the law is on my side.
The item was boxed, the contents not able to be inspected, and clearly described as a trampoline, which it is not (it is a trampoline net).
It is not a trampoline as described.
Regards / RSVP
Mark

PS The item has now been unpacked, and I am not able to repack it all into the box.

Pilton Auctions wrote:

Hi Mark,

Unfortunately we cannot entertain refunds, the lots are here to be seen before the sale and it is up to the purchaser to satisfy themselves of the description/quality/quantity, we cannot offer any guarantee on any lot.
Please see our terms and conditions on our website, I have copied one section for you
B) All Lots are believed to be described correctly but cannot be guaranteed to be so and no compensation shall be allowed regarding quantity, quality, description or otherwise of any Lot.
If you wish to enter it back into an auction we are happy to do so.
I’m sorry we cannot be of any further help
Phoebe

(photo Pilton Auctions)
Pilton Quay, Barnstaple, Devon EX31 1PB

01271 859081
07779576223
www.piltonauctions.co.uk

From: Me
Sent: 13 August 2016 13:20
To: Pilton Auctions
Subject: Re: Collection of lots

Hello Phoebe
I need to return lot 246
There is no trampoline, just the frame.
I see on the box now it has 2/2 - does this mean box 2 of 2? Is there another box for me to collect?
If not, I need to return it for a refund please.
Regards / RSVP
Mark

Michael & Anita Cottam, directors

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.

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 12
th 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 18
th 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



* Note: Mr Stanbury was an error. When I first researched Pilton Auctions / wrote this letter, I found the details of a Mr. Stephen Stanbury of 10 Litchdon St, Barnstaple, Devon, EX32 8ND being the registrant of their web site, piltonauctions.co.uk. But it appears he is simply Pilton Auctions web designer / master.