I have bought some items at action over the last 7 months and i have in my view decided to do some thing about it. The Auction Houses I bought from were all listed under the iBidder.com site.
The following will be used to apply to the County Court Money Claims Centre, claiming against the Auction Houses for miss-selling, And not adhering to the 2008 & 2015 consumer Rights Act.
THE 2008 AND 2015 CONSUMER RIGHTS ACT
It is my intension to show the court why the 14 day money back right for purchases made at public auction apply to members of the public when distance selling is involved. I am not saying that this should apply to trade customers but some thought should be given. In my opinion public are just that and should not be linked with trade, public may only buy 1 or 2 items Trade will buy multiple items, also the public will buy more on impulse.
The following is a short list of how Auction Houses dupe customers
1. When an item is sold with a picture and the name of the item only, and on receipt it is found to be faulty.
2. When an item is sold with words to the effect of tested or working or in good order, when on receipt it is found to be faulty.
3. When an item is sold with a picture and a definition that includes the Recommended Retail Price inferring that the item is new. And on receipt find the item is used and faulty.
4. When an auction sells an item without accessories and does not inform the buyer. So that on receipt it is found to be useless.
5. When an item is sold with any type of description, which on receipt the description is found to be false, and the goods found to be faulty.
IF ANYONE CAN GIVE ME A REASON WHY THESE 5 METHODS ARE GOOD SALES TECHNIQUE
PLEASE GIVE ME THAT REASON. IF YOU CANT DONT DO IT!
The above list is endless but gives a good idea of how the Auction Houses act, the dupes listed are covered in the legislation but not acted upon by the law.
Some auction houses state before the auction that all items are new unless otherwise stated, this statement is very informative and reliant and cant be misread. Also 1 auction house I deal with lists ALL items as untested or new again very informative and reliant and cant be misread. All negative descriptions ie; broken, no picture, not working, not tested, not in good order damaged, etc, etc, are all helpful to and do not mislead the buyer.
I do not wish to comment on the rights to longer than 14 day money back claims, but if the court wishes too that is for them to decide. But my claim is only for coverage of the 14 day money back rights in the above legislation.
I am not looking for financial gain by this just the statutory rights a consumer should receive under the above legislation.
I was in the yard of a leading auction house waiting for some goods when I saw a very upset lady obviously in her later years. She had purchased from a distance and not as a trade buyer what she thought was a perfectly good fridge only to find when the guys brought it out that he motor at the back was broken and was not repairable. She was very distressed when told that she had purchased it so must accept it or be charged for storage and resale. There was a happy ending to this when one of the Trade Buyers of multiple items swapped the lady a perfectly good fridge for her broken one, another guy in the yard offered to go to the ladys house and fit it and take away her old one. THIS SHOULD NEVER HAVE HAPPENED The Auction Houses have to take responsibility, this is why the Government went to so much trouble to introduce this act, but the Auction Houses are not complying and no one is policing it.
Why should auction houses be able to dupe the public into buying rubbish at high prices, if a grocer sold stale bread at inflated prices or a butcher sold gone off meat at inflated prices or indeed if a car dealership sold second hand cars at new prices there would by a public outcry, why should the Auction Houses be able to hide behind Terms and Conditions. The law covers this but it is not policed.
THE ITEMS LISTED BELOW ARE THOSE THAT DO NOT MISSLEAD I LOST MONEY ON SOME
MY COMMENTS ARE UNDERNEATH IN BOLD TYPE
1. You are bidding on Direct from the UK Ministry Of Defence a Land Rover Defender 110 Soft Top. The speedometer shows 114,873km however this cannot be verified. This vehicle features a 2.5N/A diesel engine and LT77 Gearbox. It is supplied with the military release certificate.
This vehicle starts and runs however it will require either charging or replacement of the existing battery, also the clutch has seized which will require attention.
The first date into service is 26/10/1987.It is direct from the MoD and has no warranty.
We recommend you view this vehicle before you bid and that it be collected with a trailer.
This is the type of listing required you know exactly where you are
2. You are bidding on Direct from the UK Ministry Of Defence a No. 12 Stove, Diesel Cooker/Camping Stove.
The No. 12 Diesel Stove is one of those bomb proof pieces of engineering that only the military design and is the sort of product you will still be using in many years to come. These stoves are extremely rare and sought after. It is sold as seen without warranty and has not been tried or tested by us.
Another listing from the MOD all the details we require
AS YOU WOULD EXPECT THEY KNOW THE LAW
3.1X LOT TO CONTAIN 2 BAGGED BRAND NEW SILENT NIGHT ANTI ALLERGY DOUBLE DUVET
Good description with good picture
4. POWER G 105W PALM SANDER-USED-UNTESTED YES £12.00 P+P with picture and stating price of £12.00
Good description no problems includes P&P
5. LARGE JOB LOT OF VINTAGE HAND TOOLS-USED YES-£20.00 P+P with picture and stating price of £30.00
Good description no problems includes p+p
6. Bush Portable CD Player, unchecked and boxed. With a picture
Good description you take your chance but you know
I bought two at £2.00ea neither worked my fault
7. Brand New Gents WM Slazenger Sports Watch
Bought 5 perfect
THE ITEMS BLEOW I HAVE BOUGHT AND LOST MONEY ON MY COMMENTS ARE BELOW THE ITEM DESCRIPTION IN BOLD TYPE
1.1 x BOXED EMU ARCENCIEL FOLDING GARDEN DINING TABLE (23684) RRP £150
A description that misleads that it is new because they say it worth £150 ITS NOT
I bought two both badly damaged by dropping
2.1 HP PAVILLION 15.6" NOTEBOOK, INTEL CORE I5 2.4GHZ, 8GB RAM, 1TB HDD WITH WINDOWS 10 RRP £499
Again misleading saying its worth £499 ITS NOT
I bought this for £279.00 and found it didnt work and needed a new power unit at £135.00 making the cost £415.00 with no warranty £315.00 on ebay full warranty.
3. `Streetwize Motorists Heavy Duty Booster Cables. New & Boxed. With a picture and a starting price of £5.00
These booster cables had no clips on one end
4. Streetwize 12v Air Compressor with Digital Pressure Gauge & Auto Shut Off Feature. Boxed picture no SP
Just did not work
5.1X SAMSUNG TABLET SM-T320 (BL656874) With just a picture no SP
Did not work took to be repaired Quoted £115.00
6.1X BOXED PAIR OF PLANTRONICS HEADPHONES (DS-SALVAGE) With just a picture? SP
No cables new cables on ebay £17.68
7. ASR5153 This item is Graded as an R+/ The Processor is a Core i5 with a speed of 2.6Ghz/ It has 4GB of Memory and a 500GB Hard Disk Drive with a Multi DVD/ This item has been re-built using Windows 7 / Adapter or power source is not included unless otherwise stated With a picture? SP
Plenty of information but didnt work needed new battery and charger
8. Pingi Dehumidifier, boxed. With a picture no SP
Just didnt work
9.2x Sets of Daylight Sensors- Pair of Door Knobs. All Unchecked. Picture and SP
Turned out to be 2 part sets of lights
10. Box of Approx 10 Items including Headsets, HDMI Cables and more picture and no SP
Out of the whole box only one item worked
11.5x Auto bubble gun, all new and in packaging
Bought 15 of these not one worked
12.5x various Deluxe Bubble wands, please note themes may differ to. Picture
All were empty or part empty
13.2x Neon Wipe Boards in Green. Both New & Boxed
Yes new and boxed but so out of date the pens were dry unuseable
14.10x Disney Cars Projector watches, new in packaging
New in packaging but so out of date the batteries were dead
15.10x Disney Princess Projector watches, new in packaging
New in packaging but so out of date the batteries were dead
16. V Brand New High Quality 1.8 litre Stainless Steel Water Kettle With Cord Storage And Rotating Docking
But with EU plugs
17. Box of 50x VonHaus 1900MAH External iPhone & iPod Chargers. All New In Packaging.
Again look new in packaging but so old they would not charge
18.2x Streetwize 12v air compressors, both power on, boxed.
Bought 8 of these not one worked
19. StreetWize Fully Automatic 2/6/12Amp 6/12V Battery Charger. Powers up when plugged in.
Powers up but no power out unusable
ITEMS BELOW ARE ALL FROM ONE AUCTION WHICH MANAGES TO PUT ALL THE OTHERS TO SHAME
You can see his descriptions very misleading all of these items and more do not work
I paid £85.00 in total for these
I am taking this one to the civil courts AND I SHALL WIN
MAPLIN CROSS CUT PAPER AND CD SHREDDER, AS NEW, RETAIL £29.99
BELDRAY 6" DESKTOP FAN, AS NEW, RETAIL £9.99
HP 5530 WIRELESS PRINTERS, AS NEW, RETAIL £54.99
2 X HP 5530 WIRELESS PRINTERS, TESTED AND WORKING, NO CABLES, RETAIL £54.99
MAPLIN HOT AND COLD LAMINATOR A3, TESTED AND WORKING, retail £29.99
MAPLIN COMPACT HALOGEN OVEN, tested and working, retail £29.99
RUSSEL HOBBS AUTO/PRO IRONS, tested and working, retail £27.99
6 x AVR MINI 12V INFLATOR, tested and working, retail £14.99 each
CHALLENGE XTREME 12V WET AND DRY CAR VAC, tested and working, retail £19.99
WE MUST INSIST THAT THE AUCTION HOUSES ABIDE BY THE LAW
I KNOW TRADING STANDARDS ARE INTERESTED INTHIS
IF YOU HAVE SUFFERED A LOSS FROM AN AUCTION HOUSE AND BEEN REFUSED A REFUND GIVE ALL THE DETAILS TO TRADING STANDARDS COTACT DETAILS BELOW MENTION reference AW- 13813896 AND IT WILL GET TO THE PEOPLE HANDLING THE INVESTIGATION
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