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