AIBU to accept a third of a won lot is missing and can do nothing about it?
Bit of a saga so apologies....
I recently won a lot of 3 oil paintings at a timed auction via The Saleroom. For whatever reason on the day I could not bid 'live' despite being 'cleared to bid' but had already left a couple of bids 'early' and though disappointed to miss out on other lots was satisfied with what I had won.
It cost £60 then had fees on top.
It is usual to receive an invoice and pay once received. A couple of days passed and had not received an invoice to pay. I called the auction house and was told the lot had not sold? After a bit of back and forwards including The Saleroom and screen shots of won lot it was agreed that the lot had been sold but they had 'missed it as the auction finished early (without selling loads of pictures at the end of the sale - mine was the last lot in the auction) which was a bit unusual.
The Saleroom just for those that may not be aware lists auctions and their catalogues with an option to bid and pre-bid on lots in the catalogue.
Anyway, 5 days after the sale an invoice arrives and is paid. The following week I go to collect my items. I was met by the man who's auction house it is. He could not find the lot. Others arrived and I was passed onto another member of staff (the other people were obviously more important - but fine), the paintings could not be found.
Two then turned up but a third missing.
After the owner shouting and swearing over the phone 'what do you mean its on the back of the f***g van?'. This seemed like pantomime to me, just not ringing true but ok. The owner then said sorry he would post the picture that afternoon.
I did have the foresight to get a member of staff to write on my invoice that two pictures had been collected one to be posted.
I think you can probably tell where this is going.
So the picture never arrived. After a week of chasing was promised tomorrow, tracking number will be sent etc etc. Nothing.
Friday arrives called owner, he gets very aggressive and defensive talking over me also deliberately provocative with statements such as 'look I'm doing you a favour' what for posting me the item I have paid for?!! He hung up.
Another member of staff called back. Started by laughing about the owner and how he thought it better he speak to me. It was implied their courier had it and therefore it was down to the courier. Staff member calm until when told me the picture was with the courier 'Big Jim' I reminded them that my contract was with them not 'Big Jim', further I did not want to go down the legal route if possible' at that the attitude changed and more aggression.
It was agreed that the picture will be posted Monday with a tracking reference.
A tracking reference was sent over the weekend but no link - the reference is not recognised by Parcelforce.
I called Which Legal who are usually really helpful. They stated that the auction house's terms and conditions (T&C) state they are only an agent and my contract is with the seller who submitted the lot?! WTF? I questioned this as I do not have the sellers details, a thing called GDPR is also relevant but was advised to contact the auction house and ask them to forward the complaint to the seller.... Yes like that's going to happen? The same auction house that lost my picture have been rude, lied and are unhelpful?
I was also advised to 'escalate the complaint' - as I was dealing with the owner who do I escalate to exactly?
The other option was to pursue 'negligence' against the auction house but that I would only get £20. I know the paintings are selling for between £150 and £800 on line. I was advised a judge would likely not find in my favour and I would be out of pocket.
This I have to say was a very poor experience with Which - usually they are excellent and 'on the ball'. The lady I spoke to did not seem to get the situation at all and kept speaking over me. I think I was just unlucky.
I have spoken to CAB who suggested I could go through small claims and claim for the amount the painting is worth. CAB were great and supportive - seemed more on the ball than Which.
So I know this is a 'first world problem' that there are much more important things than not receiving an oil painting but seems unfair to me that the auction house is able to just get away with 'theft' without consequence? Well that's how it feels to me.
I know its not a huge amount of money but really feel the auction house is taking the micky.
The owner auctioneer is quite a character and would take it as such had I not been robbed of a third of what I paid for. Online reviews generally enjoy his 'un pc character' (their words not mine) but one review that was almost the same experience word for word as mine - won a lot did not receive all of it , was sent to 'Big Jim' and never received it etc has been deleted. Tried to use the Wayback machine but could not work out how to use it.
I have contacted the council with view of contacting Trading Standards.
Surely the law as far as purchasing from an auction house and receiving what you have paid for needs changing?
I am starting to feel its more a case of shenanigans than incompetence.
I am not naming the auction house at the moment as may need to go down a small claims route.
Shame really as the lots were nice.
Please forgive me if I don't respond to replies straight away, I am also trying to work at the same time as dealing with my anger and disappointment over this.
Well done if you got to the end of the post!