Invoice issues

[Juliette3359]

Good Morning,

I was hoping someone could help me. I have a question in regards to invoices. A little back story -

I purchased quite a few items from various different auctions a few weeks ago, I didn’t think anything of it as I thought all invoices were paid, now sometimes I have an issue with my back card which says payment gone through but it hasn’t. Anyway, fast forward to two weeks later and I received a second invoice from one place, it was additional storage charges and disposal charges for ten lots I had brought. I subsequently called them and advised that I wasn’t aware I didn’t make payment and due to human error (we all make mistakes) I will make payment straight away, however my original invoice was £70 and it’s now £325 due to storage costs and disposal. The items I purchased fit into a shoe box, and whilst I said I was more than happy to pay for the items (even if I wasn’t to receive them ) I didn’t think the charge were fair, I understand that I purchased ten separate lots, but they would have sent all my items out as one parcel and the amount of space they would have taken is minimal. It does state in their sketchy T&C that a charge would be applied, but are there any rules in terms of how many invoices should be sent ? I am being threatened with a CCJ now will what they said massive additional costs on top for admin etc.

Is there anything I can do ? Or am I doomed to pay the excessive costs ?

Thank you In advance I appreciate any advice

J

[echat11]

Hi Juliette3359

Did you buy the items as a individual or a business?

How did you pay for the items? Credit or Debit card?

Can you prove you made payment? or attempted to make payment?

Although they can have X, Y and Z in their T & C's it doesn't make those T & C's fair. The T & C's do seem to be unfair.

[Juliette3359]

Hi there,

Thank you ever so much for your quick reply. I bought the items as an individual, there was 10 separate items.

Unfortunately because the transaction didn’t go through my bank or I had missed it, there is no proof that I attempted, nor no proof that I received the original invoice, as the invoice was sent via email. It only came to my attention when they sent a second invoice with all the additional charges on there.

I would understand if I had purchased something massive bulky and heavy, but the fact that the items can all fit into a potential shoebox, Which they would’ve sent them all out in the same package so therefore classing it as one item. I can find their original terms and conditions and upon reading it does kind of conflict each other and does seem rather unfair.

I have contacted them, and have been met with some resistance and rudeness, even though I offered to pay for the items and them still not send them to me.

Thank you so much for taking the time to reply I really appreciate your assistance.

J

[echat11]

The transaction has gone through otherwise there would be no invoice's generated, although the attempt of payment has failed.

You need to establish exactly what has happened with facts. Then you can write to them with the facts.
Contact your card provider with date of transaction to find out what happened regarding your payment attempt. Try to get that in writing.

Here's some info on Unfair terms -
https://assets.publishing.service.go...n_Guidance.pdf

Also it says a lot about them that they have to threaten you with a CCJ.

[Juliette3359]

Hi there,

The invoice was generated as I had agreed to buy the goods from them from the auction, but I will speak with the bank to see if they have any proof that I tried to make the transaction, or it might have been just missed as I did purchase a few household items from various other auctions that week, I know that human error is not an excuse but I feel that I have been more than fair in offering them the payment and still not receive the goods, but I don't think its fair to pay an additional £240 for storage, considering the items were rather small.

I know right, a CCJ, the worse part is that they are a 'friendly family' business, shame they try to extort money from their customers.

Thank you for the link on the unfair terms too, ill have a look at that now.

Many thanks again

J

[islandgirl]

Usually the purchaser is responsible for collecting or arranging collection / postage of items purchased at auction. Did you make any attempt to get the goods sent to you? I do not understand why you would pay (or think you had paid even though the transactions were unsuccessful) and then sit back and wait?

[echat11]

https://www.gov.uk/government/public...ds-or-services

[Juliette3359]

Hi there

In all honesty that week I think I purchased about seven or eight different items from various auction houses, usually when payment had been made we get another invoice for postage, my only assumption is that I missed the invoice and forgot about the items. I understand that ignorance is not an excuse, but I feel that I have been fair by willing to pay for said items and then they may do what they wish to with them, resell them if they wish.

I have had a look for that other guidance in fair terms, and have noticed a few discrepancies within their own terms and conditions which I will mention. It’s a little bit of a tough situation, as I would understand if my items took up a massive load of space and if they had repeatedly contacted me, without success I would understand their fees then, but they haven’t. Their terms and conditions do not even set out how you will have to make payment, or what to do in case of non-payment, in fact looking through their terms and conditions they are rather vague.

Thank you for that other link , I’ll be having a look now

J

[islandgirl]

Perhaps post up the terms here so experts can have a look at them?

[Juliette3359]

Thats actually a good idea. Ill post them up below..

Terms & Conditions of Sale

1. Commission is charged at the rate of 18% (with a minimum of £1 per lot for buyers) on the hammer price of each lot plus £1.00 per lot entry fee.
2. Items presented or collected for sale will be entered in the first available sale, but may be held over, at the Auctioneers discretion, until space or a suitable sale is available.
3. All descriptions, reserves and estimates are at the Auctioneers discretion.
4. Payments to vendors will be released on the Wednesday after the sale (this is the 5th day following the sale). This enables all the payments for goods sold to be paid in and any working order items to be checked prior to payment. Postal and electronic payments can be made on request.
6. Items not in compliance with current Legislation or deemed unsalable or counterfeit will not be accepted.
7. The auctioneers act as agent for the vendor and reserve the right to bid on their behalf.
8. Storage charges of £1 per day per item will be applied when unsold goods are not collected by 12pm on Saturday following the sale (unless a prior arrangement has been made).
9. All unsold items not collected within 14 days after the sale will be disposed of at a charge of £10 and/or will become the property of the Auction House.

Buyers Terms & Conditions of Purchase

1. The Purchaser to be the highest bidder who will pay the hammer price plus a premium of 18% per lot.
2. All items are SOLD AS SEEN, descriptions and pictures are simply a guide.
3. Each purchaser shall register with the Auctioneers giving their Name, Address and Telephone number and one form of ID.
4. All purchases must be paid for, in full, and no lots may be removed until such payments have cleared.
5. Payments are accepted in Cash or Card. Alternatively, payments can be made by bank transfer (but must be confirmed at point of payment before lots are removed from the sale room).
6. The Auctioneers act as agents for the Vendor and reserve the right to bid on their behalf on lots offered subject to reserve.
7. Commission bids are accepted by the Auctioneers who undertake to purchase the lots on the bidder’s behalf at the best advantage. Lots purchased by absent buyers will be consigned at the Auctioneers earliest convenience at packing and postage charges to be agreed. Invoice for lots to be posted will be sent in two separate invoices. Firstly, the item must be paid for and once ready to post the postage invoice will be issued and this must be paid before the item is despatched.
8. If items are not collected and paid for by 4pm on the Sunday following the sale buyers may face being suspended from bidding at future auctions.
9. In the case of a dispute the lot may be re-offered at the discretion of the Auctioneer who shall be the sole arbitrator.
10. If payment is not received by Sunday at 4pm a fee will be added to the bill of 5% per item per day.
11. If goods are not collected from the auction house within the Terms and Conditions stipulated, storage charges of £1 per day per item will be applied for goods uncollected (unless arranged prior to purchase).
12. After 14 days if the goods purchased are not collected, they become our property. The buyer is still responsible for the payment of their invoice.

OUR STORAGE POLICY

All items purchased or sold at auction must be removed from the auction house by 4pm on a Sunday following the sale.
Storage charges are charged at £1 per day per item commencing at 12am on the Monday following the sale.
Storage charges are charged 7 days per week.
After 14 days, if items remain uncollected, they will become our property . If we have to dispose of any unsold items an applicable disposal fee will apply - disposal fee is charged at £10 per item.
We will then issue an invoice to the customer for the storage charges which must be paid within 7 days to avoid legal proceedings.
If you use our House Clearance or Collection service, the above storage policy does not apply.

By signing the registration document to register as a customer, you are agreeing to the terms and conditions as set out above.


Thank you

[islandgirl]

So it seems they can charge £1 per day per item (from the Mon after the sale) and £10 per item disposal. If they still have them could you offer to pay for the goods and pay the storage and get them posted to avoid the disposal fee?

[Juliette3359]

Yes, I did notice that, it seems a little harsh for all my items which fit in a small box. There is also nothing about when payment should be made and so forth, they haven't disposed of them and I have offered them the price for goods, which they would still keep, so they can sell and make money back. as well as a small fee, but not to the extent they want from me. I can't see how its cost them nearly £200 to store a shoebox size ambit if items, with no attempt to ask me where the payment was or follow up invoice.