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Sale of my Ferrari 308 GTSi by Coys of Kensington.

Coys Of Kensington sold my car through their True Greats auction on the 4th of December 2018. I did not receive the money from that sale until the 18th of April 2019, some 4 and a Y2 months after the sale, nor did I receive the full amount as I should have according to Coys of Kensingtons own Terms and conditions  (7.1, 7.2, 7.3).

The following is a complete and exact as it unfolded timeline of emails, texts and phone calls word for word as they were sent to and from Coys Of Kensington staff, my Wife and myself with only Coys of Kensington staff names and amounts of cash involved removed as common decency on my part..

All entries are facts, they have not been manipulated or fabricated to make things look worse/better than they were or for better reading. I have not added any heresay or any other information to this timeline and have made no comments other than what is in this timeline.

I have posted this document for the reader to decide weather I was treated fairly or unfairly and for the reader to have information if considering using Coys of Kensington.

I was contacted by Coys of Kensington Staff member "1" 21st of September asking if I would like to sell my car through Coys of Kensington Auctions. I advised him at the time I might be but I would need to get my car mot'd so I could retain my personal registration and would contact him again once this was done.

24t h September 2018

I received an email from Coys of Kensington Staff member "1"  saying the following

It was a pleasure speaking with you last week and as discussed over the phone it would be our pleasure to be able to assist in the sale of your 308 and offer the following discounts :"

Free entry to our London based auctions which include Syon House on the 13th of October and True Greats on the 4th of December .

Discounted commission rate of 5% down from 10%. This rate would be applied to both a private treaty showroom sale as well as an auction sale .

Free delivery to the auctions as they are both local and cars can be driven to the venues from the showroom. This changed further on as you will see

Car will be detailed, insured and stored at Coys cost until a successful sale is achieved .

The email went on to say, regarding our next sale at Syon House, we will be looking to close the catalogue over the next few days.

24 September 2018 20:30

I felt I should explain my situation (outlined bellow) so I would not be wasting Coys time if my car was not worth the amount I needed .

Hi Coys of Kensington Staff member "1"
 
Thank you for ringing me this evening. You certainly have given me a lot to think about so I would like to explain my position as I've never done this before.
It's a long story but this is the short version. I'm only selling my car (I intended to keep it forever) as I have the chance to by a close friends car . he had owned the car for 18 years. It was always a joke between us that I would buy the car "cheap" from him someday  she never drove it. Unfortunately due to illness he passed away last year but he still managed to get the last laugh so to speak! He had told his Wife that the car was mine "cheapish" if I wanted it. I see it as a real privilege that the family thinks enough of me to want me to have the car. So to do the right thing I need to get a solid £00,000 for my car to give me enough for the car. I'm telling you this (long winded as it is) because I wouldn't want to be wasting your time if you thought my car would not make enough for this to happen. So, If you think this would not be achievable I would fully understand and would thank you for taking the time to chat to me.
In the meantime I will push ahead with getting the car Mot'd so I can transfer my reg offthe car and put its original plate back on. and if you still think its a goer I will endeavour to get transport etc sorted as I do thinks your offer would be the best way to sell the car .
 
Kind regards, Stuart
 
18th October 2018, at 11:12 
Hello Stuart,
Thank you for taking the time to fill me in with the below . It's a sad but also warm story of friendship that I have a lot of respect for. In response to your email, yes I do think £00,000 is achievable for a good 308 and would love to assist in selling it through our London auction in Westminster on the 4th of December if you still think that this timescale is achievable . I look forward to speaking with you in further deteail.
 
Coys of Kensington Staff member "1"
 
29 October 2018
 
Hi Coys of Kensington Staff member "1"
 
Sorry I missed your call. Coys of Kensington Staff member "1" had called for an update on selling with Coys . I'm stuck in meetings at work. Hoping to get the car motd in the next few weeks so I can get the reg swapped over so we can get sorted for the sale.
I'll call you this evening if I ever get away from here.
 
Kind regards, Stuart
 
29 October 2018
 
I emailed Coys of Kensington Staff member "1" as I was concerned the car would not be ready in time as my mechanic was very busy
 
Morning Coys of Kensington Staff member "1"
Quick question if you don't mind. If you are putting my car into the Dec auction when would be the latest I have to get it to you? Car is getting emissions done next week then applying for mot straight after .
 
Regards, Stuart
 
Coys of Kensington Staff member "1" phoned me the same day to advise me if I could not get the car sorted be the deadline not to worry as Cays would Mot the car before the auction and arrange the reg transfer .
 
08 November 2018
Received a phone call from Coys of Kensington Staff member "1" to put any concerns I had about selling the car with Coys to rest.
 
08 November 2018, 11:58
Morning Coys of Kensington Staff member "1"
great chatting to you this morning, you have put my mind at rest as I really don't want to lose my registration. I'm attaching some photos and will send them over a few emails as some are high res and may take a while to download . Hear from you soon and thanks again .Stuart
 
14 Nov 2018, at 10:30,
Hello Stuart,
I have just heard back from another transport company who regularly do journeys to London and will be able to combine it with another load. It will be under £500 per car so worth doing!
The only downside is that we might have to then transport the cars again from our showroom to the auction venue as it is not guaranteed to arr ive on a specific day, that said I might be able to arrange for someone to drive the Ferrari for you instead of it costing an additional £170.
 
Kind regards, Coys of Kensington Staff member "1"
 
(2 issues to point out above. On the 24/09 email Coys of Kensington Staff member "1" assured me the car would be transported free to auction venues and now there may be a £170 fee . I have never had any confirmation if this cost has ever been applied . Secondly The actual transport fee came to £600 .)
 
14 November 2018 12:10
Hi Coys of Kensington Staff member "1"
That sounds ok. What company is it? It's costing me £400 for the boat and £80 for the trailer, plus 3 days off work. I need to ask as I've never done this before so please don't take offence. How do you assure me who you are and my car is going to be secure with you, is there paperwork that needs done etc?
Ta, Stuart
 
On 14 Nov 2018, at 13:28,
With regards to who we are and offering you reassurance , you already seemed to be familiar with Coys of Kensington and our International brand, but perhaps have another flick through our website htp://www .coys.co .uk/ . As you already know from our Autumn arrivals banner, we have just taken receipt of circa £40 million pounds worth of stock . A Ferrari 250TDF 141ouvre, C-Type Jaguar, lan Flemmings Blower Bentley and a one-of a kind ATS, so as you can imagine our insurance policy is very expensive and will cover the 308.
Simply put, we have almost a century worth of experience in working with classic cars and your 308 will be in very good hands!
Do let me know if you require any further reassurance.
Yes in terms of paperwork, I will need the attached entry form (contract) to be filled in, signed and returned to me in order to officially reserve a space for you at the auction. It would be helpful if this can be done sooner rather than later.
Kind regards, Coys of Kensington Staff member "1"
 
14 November 2018 14:08 (I had asked Coys of Kensington Staff member "1" about the car being safe) .
Thanks for that Sir and sorry if I caused any offence, I'm a worrier, specially about my 308 as it took so long to work to.
I'm on my phone but don't see an attached form . Maybe it went to my home computer and hasn't came to the phone so I will get it filled in tonight.
Regards, Stuart
 
14 November 2018 at 14:10:09
Hi Stuart,
Absolutely no offence taken at all! I completely understand where you are coming from and appreciate the fact that we have never met face to face .  
I just checked and it was in the email as an attachment, in case you cannot find it when you get home here is the link to an online pdf from our website: http://www.coys.co.uk/info/how-to-sell­ your-car
 
Regards, Coys of Kensington Staff member '1'
 
14 November 21:33
Hi Coys of Kensington Staff member "1"
Please find attached the completed entry form . I trust you will amend the form accordingly with the details you agreed with me in our conversations. I hope I have filled it in properly as it was a bit awkward . I may have over done it a bit with the information, sorry. Can I ask you to give me as much warning as possible as to when the car will be lifted by the transport as I need to be here for the collection, (no one else at home can drive the car) lol.
 
27 November 2018 10:27
Morning Coys of Kensington Staff member "1"
I will be here on Friday to assist with loading. The address is????? By all means pass my phone number on to the transporter so he/she can contact me. I doubt they will get into my drive as it's quite narrow so it will probably have to be loaded on the road. I hope he has a covered in wagon because it is absolutely bouncing down here and supposed to be like that the rest of the week! Cars ready to go. It's holding the revs a little but as I said it needs set for the emissions for the mot. I really hope it does well.
 
Regards, Stuart
 
27 November 2018 12:19, 
Hi Stuart,
Sadly I could not find a single local closed trailer transport company, and sending one from London was very expensive . I hope that this is okay?
 
Kind regards, Coys of Kensington Staff member "1"
 
27 November 2018 12:41
That's no problem, sure your going to wash it when it gets to you. I'm just thinking to its not going to give you much time to get the mot done.
 
27 November 2018 12:57, 
Hi Stuart,
It will be sorted not to worry . Worst case scenario I will inform any bidder that the car will come with a valid MOT which we will put on the car post auction.
Kind regards, Coys of Kensington Staff member "1"
As far as I was concerned this took a lot of worry away from me. However the car was not MOT'd and at no time was the new owner made aware that the car was to be MOT'd post sale . Further more at no point was the new owner made aware the reg was to be transferred. I have confirmation of this in writing from the new owner .
 
04 December 2018 13:00 (day of the auction)
I received a phone call from Cays of Kensington Staff member "1" at 13:01 telling me that he had had a look at other 308's for sale and on the basis of that he did not think my would reach its reserve of £00K and I should set the reserve at £12K less than what the reserve was set at . I advised him I simply could not do that. I totally felt I had been cornered . If I pulled the car from the auction there would be a cost and there would be a major cost to bringing the car back home again! I reluctantly
told Coys of Kensington Staff member "1" to let the car go through but the reserve was to remain at the original £00K . I backed this up with the next email.
 
04 December 2018 13:21
Hi Coys of Kensington Staff member "1"
Sorry me again. Thanks for the heads up about the car. No point lying, the wind had really been taken from my sales about the price. I've just had look in various sites and my car at £00k appears to be the cheapest GTSi in the UK. What happens when it doesn't sell tonight. I take it I will have to get it home again . I was looking forward to watching the auction tonight but don't think I can bring myself to watch now.
 
Regards, Stuart
 
04 December 2018, 14:53, 
Hi Stuart,
Sadly i cannot speak on behalf of the other cars on the market today, only what people are willing to spend and the prices at which cars are selling today, see Histories' result below . Sorry to be the bearer of bad news, I know you and I both feel the same way about your car, its lovely and ticks so many boxes (though i do wish it was still Grigio!), sadly there just seems to be too many US imports on the market at the moment . Depending on how today goes and the interest we have going forwards, yes we will have to discuss delivering the car back to Ireland, however lets cross that bridge when we come to it .
Kind regards, Coys of Kensington Staff member "1"
 
04 December 2018 20:47
I watched the auction live (I have the recording) and was completely dismayed when the hammer went and the car WAS SOLD for £9K bellow the reserve . No mention during the auction about being sold with an MOT or about the registration transfer . As far as I could see that was it sold for £9K less than the reserve ! I tried to phone Coys of Kensington Staff member "1" straight away but no answer
At 20 :51 sent Coys of Kensington Staff member "1" a text to try get him, I was now extremely worried . I actually sent a further 3 texts (Again I have all texts that were sent/received) .
 
Email to Coys of Kensington Staff member "1" at this time as I could not get an answer on the phone .
 
Hi Coys of Kensington Staff member "1"
Sir what's going on, according to the auctioneer he just sold my car for £00k but as agreed the reserve is £00k!!
 
Stuart
 
04 December 2018 23:03
I finally got a call from Coys of Kensington Staff member "1" who told me not to worry he was working on the client to see if he could get a better price. My stress levels were now through the roof. He eventually came back to me with an offer £5,500 less than the agreed reserve. In my panic I thought I had agreed that I would let it go at £500 more £6k but heard nothing more that night.
 
05 December 2018 10:25
I texted Coys of Kensington Staff member "1" for an update and advised him I was going to put the reg straight onto my Land Rover and I asked was it better for him to do this or retention . I received a one word answer   "yes" .
 
05 Dec 2018 13:01, I received this email from the cars new owner. 
Hello Stuart
We have bought your car at the Coys auction. I have sent you another email via (a website) but it didn't let me say a lot. You must be sad to see her go but for us it is very exciting. Also a bit nerve wracking as we didn't intend to buy a Ferrari but somehow we left with one .  She looks beautiful though . Since we hadn't intended buying we had not done any research - but after the auction and this morning I have been finding out a lot hence we found your advert on (a website) and also your website- so we can see the work you have put into the car .   What a great site.
A couple of things though we can't find and I was hoping you could help
- The auction house said you had applied for a new registration number - have you had any feedback on that yet?  Do you know the new number?
- We couldn 't find any MOT history on the web site . I am not sure whether they cover Northern Ireland though so just wanted to check when last MOT was?
We have not picked her up yet and so don't have the documentation- so the MOT question may be covered there but thought may as well ask.  She is being taken to our car club to store until we can sort things out.
I trust you have a new project that you are working on- hopefully one that will give you as much enjoyment .
 
All the Best New owner .
As you can see above new owner confirms Coys/ Coys of Kensington Staff member "1" had told him I was sorting the registration which was not our agreement .
 
05 December 2018 13:45 
Hi New owner
Firstly congratulations on getting my car . All the mots are in the history file along with some tax discs and pretty much every bill from the US and UK. It was last motd 4 years ago if I remember, my Wife took ill and the car has been in the garage since. If you send my an address I'll put all the photos onto a disc and send them to you. Coys were to let any buyer know that the Reg was not going with the car (my Wife bought it for me for my 40th and I may leave home if I don't keep it). Coys of Kensington Staff member "1" from Coys had agreed that they would have the Reg transferred. It should revert back to its original UK Reg. I haven't heard from him yet today so as yet have no details on what happens next. I've never done this before and if I'm honest my nerves have been shattered since the car went on the transporter, it's been like one of my family leaving home! Anything else just ask.
 
Kind regards, Stuart
 
05 December 22 :20 from New owner
Coys did indeed have a note on the car to that effect but Coys of Kensington Staff member "1" suggested you had made the change - probably he meant that it was in process. No worries I am sure we can sort it out. Just been looking up what we need to do- I'll try to have a furthe r look tomorrow . Are you putting the number on retention? Thanks for info re MOTs. That will be our first task I think . How many miles has she done since you completed your refurb? Maybe not ma ny? As I say she was taken back to our car club premises today- we will go see her and pick up the documentation tomor row- but she had electrica l probs and dropped all the coolant on the way . suspect that will be a hose t hat has slipped off with the transportation or something as when they poured more coolant in it just came straight out.
You will notice that New owner at this point had already collected the car so it would have been very easy for him to apply for a new log book and keep my registration . Thankfully until now he has been very understanding.
 
06 December December 08:31
Hi Sir
I haven't heard a thing from Coys so I'm ringing Coys of Kensington Staff member "1" this morning to see what's happening. They were to have the car Motd so I hope they did that as it's needed for the reg transfer. Speaking of which. Changing the docs to you is just standard UK, it all goes through Swansea. I'm thinking things might get sorted quicker if I get Coys to send the log book back to me and I'll send it straight to the DVLA as I'm transferring the Reg onto my Land Rover for now. As soon as I know more I'll let you know .
 
Regards, Stuart
 
Hi Stuart
I still don't have the documentation  as the chaps who picked it up will have it but I don't think MOTed as that would show on site . Let me know what you hear from Cays . Either way- don't worry -we will get your registration number back to you .
 
Regards, New owner
 
6 December 13:10
I asked New owner had paid Coys yet .
 
Hi Stuart
Yep already paid (including a whopping fee to Coys) and we have taken the car . They only release car once the funds are cleared . I would imagine you get your cash soon less any fees they charge you. We spoke to Coys of Kensington Staff member "1" after the auction but he wasn't all that helpful. My impression was that he believed you had changed number etc but He might have meant transfer was in progress. We have tried to reach other people at Coys but they direct us to Coys of Kensington Staff member "1". I intend to pick up the documentation this eve so hopefully know more then . In meantime if you hear from Coys then let me know .
Regards, new owner
 
7 December 2018  11:20, New owner
Hi Stuart
It would have suited us to have Coys keep the car and MOT it - but they were charging £000 to
transport it and £00/day to store it. They said we had to pick it up by 3pm Wednesday otherwise so we had to call in a few favours to get that done . We did speak to Coys of Kensington Staff member "1" himself directly after the auction but he said you were sorting out transfer .
I have just spoken to Coys of Kensington Staff member "1". He didn't mention your plan though and rather asked when we would MOT it.  I suggested that we do as I suggested in my earlier mail but I am happy to follow your plan if we can get the old number confirmed so we can start doing things and also would want to be clear that it is insured by Coys . I am a touch nervous at having paid the money and not having the car .
Regards new owner
 
07 December 2018, 11:22, Coys of Kensington Staff member "1" 
Hello Stuart,
I have just spoken with the DVLA and the vehicle does not need to be MOT'd in order for the plate to be retained . Despite the online portal advising that the vehicle needs to be taxed, this is only for the online process, however if the application is sent through by post,they are more flexible and are able to run through the cars taxation history and validate that there have been no gaps . The lady from the DVLA tbat I spoke with, was also able to confirm that this car is clear over the phone and I will send this out in the post ASAP .
Our signatory is not in today, so it will most likely have to be on Monday that this gets sent, but I will prepare this all for you today . For future reference, you could have done this from Ireland using the V317 application form which is what I have just printed out.
Kind regards,  Coys of Kensington Staff member "1"
 
23 December 12:07 I had not heard a thing from Coys of Kensington Staff member "1" and on this date all the documents were returned to me from the DVLA
 
Hi Coys of Kensington Staff member "1"
There's a problem regarding the number plate transfer, it has came to me from the DVLA with a letter saying the car has to be mot'd and taxed for the transfer to be done . I will ring you tomorrow but in the meantime can you follow this up with however it was that told you the transfer would be fine? Also please do not deduct the £80 transfer fee or the price of tax from my fees as the DVLA have destroyed your cheque and will be looking payment from me if I have to go through the whole process again .
Regards, Stuart
 
07January 2019 11:17
As I had not had any response from Coys of Kensington Staff member "1" I sent him an email listing how I was not happy about the service I had received .
 
Good morning Stuart,
I am sorry that you feel that my service has not been fair or what your expected . I have done, and am doing everything I can for my clients all of the time, including for yourself .
You are correct, I did indeed agree to assist in getting the car registered for you and at the time you advised me that the car needed to be MOT'd in order for this to be possible .
Correctly or not, the DVLA informed Coys that that due to the vehicles correct taxation & SORN history and there being no outstanding payments, the private plate retention process can and should be done using the V317 application form (as explained in a previous email).
It appears that either we have been incorrectly advised by the DVLA or there was a mistake in the process on their end .
As unfortunate as this is, I am a man of my word and intend to still retain the private registration plate for you or at the very least assist in every way i can. If this means getting the car MOT'd (which is now apparently clear has to be done), I am happy to do so.
With regards to the price achieved, the market is very volatile at this moment as you are aware. Just days before our auction another provincial auction house by the name of Histories sold a very sim ilar car for £000000 . Sadly i cannot control the market, but what i was able to do is eliminate our sellers premium and reduce our buyers commissions by a half. Back to the problem at hand, I w ill be in touch with the buyer and make the arrangements foe the car to the MOT'd.
 
08 January 2019 19:23 Again I had had no contact from Coys
Hi Coys of Kensington Staff member "1"
I was hoping for a reply today as to what the hold up has been to the payment for the sale of my car? The 35 day deadline quoted in Coys conditions of business is up today. This leaves me concerned that Cays has now even breached your own rules bellow.
15.2. Coys shall pay the sale proceeds to the Seller net of Seller's Commission, Coys' Expenses, VAT, and any such sums that Coys is entitled to deduct nhe Net Sale Proceeds"), not later than 35 days after the Auction, or within five working days after receiving cleared funds from the Buyer, whichever shall be the later.
I know you have said you are doing everything for me and I would like nothing else than to believe you, but surely you have to see things from my position, regardless of the other issues I might have, holding payment of the sale of my car this length of time is not right. I have seen cars I would like to buy and cannot do a single thing and I've lost interest on the money not being in my bank. I afraid anyone I have spoken to about the situation simply cannot believe a company with a reputation of yours has handled things this way . I say this with a very heavy heart but if I do not receive payment by Friday 11/01/19 for the full amount as no deductions regarding mot, reg transfer etc need to be taken out now that New owner and myself are sorting these out I will have no other choice than to seek legal advice.
 
I very much regret this form of words. Regards, Stuart
 
09 January 2019 14:30 
Hello Stuart,
That is correct the 35 day period has now elapsed , however as per our terms and conditions a valid registration document has to be passed to and accepted by Coys and or the new owner before we can issue payment. I am sure you understand the legal reason for this and the rammifications if we were not to follow this contractual obligation (which is as much between Coys and the vendor of a vehicle as it is for the buyer of a vehicle) . All the more reason for us to move forward with the retention process and get V5 issued as quickly as possible!
As you are probably aware, I am currently in Maastricht for our auction at the interclassics auction, so I was glad to receive your email on Monday confirming that New owner, the buyer, has agreed to have the car MOT'd himself (as he had previously stated to me) .
It is in your rights to seek legal advice on this if you must, however as your agent I am obliged to inform you that the contract that you have with Coys states that Coys must be provided with a va lid registration document.
Kind regards,
Coys of Kensington Staff member "1"
 
I would like to make it clear that Coys had all the documents from the day the car arrived with Coys. The hold Up was purely down to Coys not carrying out what was agreed (mot/ reg transfer) yet due to this I have been left out of pocket for over 35 days . It was at this point that for the sake of my health I gave up and sent the returned documents to Cays. I sent an email to Cays of Kensington Staff member "1" just asking to contact me when things were sorted. I also emailed New Owner to tell him we could do nothing more.
 
It was not until January the 21st at 15:36 that I heard anything from Coys of Kensington Staff member "1"
Hello Stuart,
I am growing concerned that I have not received your mail yet . You mentioned that it was sent by registered post? Please can you confirm who signed it in if that is the case .
Kind regards,
Coys of Kensington Staff member "1"
 
21January 2019 18:23
Hello Coys of Kensington Staff member "1". Been on with the Royal mail for over 50 mins and it looks like they have lost the docs in transit . I have already contacted the DVLA and ordered a new log book which they say they will post out tomorrow . They would not send it direct to you, it has to
go to the registered keeper.It will be sent to you by "special" post and I will confirm it has been sent. I have updated New owner about the situation as well.
 
26 January 2019 08:33
Hello Coys of Kensington Staff member "1"
Stuff posted yesterday and sent full tracking and to be signed for. Regards, Stuart {New log book costing £25)
 
28 January 2019 10:35
Hello Coys of Kensington Staff member "1" Docs to be with you by 1PM today. When you get it do my funds get released? (I received no reply to this question) 
Regards, Stuart
 
28 January 2019 11:44
Hello Stuart,
The original VS with the V317 application form has just arrived with us this morning.. ! What are the chances . 
I will await the new and up-to date version wh ich you have sent and begin the process of retaining the plate for you as soon as it arrives . Once we have retained the plate you will receive the new VS again with an age related number . Once you receive this, please forward it again directly onto Coys and at this point Coys will be able to complete their due diligence e .g. completing a final HPI check etc & be able to issue payment to you .
 
Kind regards, Coys of Kensington Staff member '1'
 
From this point on my Wife decided to deal with Coys as for health reasons I had to step back.Also I had seen yet another car I would have liked to buy and could not. She contacted Coys hoping for even a part payment.
 
29 Jan 2019, 17:04,
Hello Sutart,
I am happy to confirm that the new VS has arrived on my desk and we are almost ready to send off the application . We have had to tax the car for 6 months after all despite what the lady from DVLA told us, and this came to£ *** * and as discussed this will be subtracted from the payback total. (no amount added)
In the meantime, I would like to offer my apo logies for the additional complications that have arisen with regards to the sale of your Ferrari 308. It was by no means my intentions for this to happen, and sadly had we {Coys) not been missinformed by the DVLA, this matter would have been very much resolved already.
Nevertheless, I hope you please accept my apologies and once you receive the new VS from the DVLA, please forward it onto Coys FAO myself and I will ensure this gets processed as quickly as possible . In the meantime, I have just  had a meeting with our finance director where  I put forward the request for a part-payment to be made to you in the meantime . I will hopefully have an answer for you by tomorrow .
 
Kind regards, Coys of Kensington Staff member "1"
 
04 February 2019 14:52 (As you can see I did not receive any further contact regarding part payment and had to contact Coys of Kensington Staff member "1" for an update)
 
Hi Coys of Kensington Staff member "1"
I was just curious if there was any outcome on sending me out a part payment while we wait on things being sorted.
Kind regards, Stuart
 
04 February 15:20
My wife phoned Cays and was assured by Cays of Kensington Staff member "1" that a cheque (No amount stipulated) but she had been asking fo r £00-fOOK wou ld be with us by Monday .
 
O5 February 2019 13:53
Hello Coys of Kensington Staff member "1". Cheque was to be with me yesterday? It hasn't arrived today either and I have plane booked for Friday morning and boat home booked for Friday afternoon as I've agreed to buy a car. Needless to say seriously worried now that I'm going to lose all that money. Was the cheque definitely sent?
Regards, Stuart
 
05 February 2019 14:55 
Hello Stuart,
I have just spoken w ith our Finance director and apologies, the cheque has not yet been sent. While it is cleared to be sent, we were the target of ransomware towards the end of last week and our database had to be quarantined as a safety precaution . This meant that our finance director was unable to access client details and of course process your part-payment.
I have only just been made aware of this and will ensure that it gets sent out ASAP & confirm when it has gone for you.
Sincerest apologies for the inconvenience,- i was only trying to help.
Kind regards,
Coys of Kensington Staff member "1" 
 
 No mention that I am now out of pocket another £237 over a problem not of my doing and no reference made to sending money via bank transfer .
 
6 Feb 2019, 17:42
Good evening Stuart, I have prioritized your cheque to be sent in tomo rrows payment run. Kind regards, Coys of Kensington Staff member "1"
 
18 February 2019 09:34
Coys of Kensington Staff member "1"
Can you advise me what is happening regarding registration and transfer of my car. I have just spoken to New owner and he says nothing has changed on the DVLA site. He is getting very anxious about what's going on and I am worried since he has my car he may just apply for a new log book and keep my registration. It is very concerning for me.
Regards, Stuart
 
18 February 2019 10:57 
Hello Coys of Kensington Staff member "2",
Please could you update Mr. Leathem as to when the application was made for the private plate to be retained? I was under the impression that this should have been received by Mr. Leathem by now.
Kind regards, Coys of Kensington Staff member "1"
As yet I have not received any reply from either Coys of Kensington Staff member "2" or Coys of Kensington Staff member "1"
 
5 Mar 11:14,
Hello Coys of Kensington Staff member "3" I have been trying to contact you via email and my Wife has been waiting on a call back regarding the sale of my car on the 4th of December but unfortunately we have not had contact . Could I ask you to contact me please. regards, Stuart
 
8 March 07:42:25
Hi Stuart, Just a short note to say sorry I didn't get back to you yesterday, however I am looking into this and will get back to you shortly . In any case I will ensure you get the complete total amount owed to you and as soon as possible . For info I am in Germany on business but checking my email as and when I can . Talk soon, most likely Monday in fairness.
Best, Coys of Kensington Staff member "3"
 
11 March 15:59
Hi Coys of Kensington Staff member "3"
Just wanted to let you know the V5 arrived with us this afternoon so will be posted tomorrow and I am addressing it for your attention.
Regards, Stuart
 
11 Mar 16:02,
Hi Stuart, Many thanks for that, I will let you know as soon as we get it and then we can push for settlement for you .
Best wishes, Coys of Kensington Staff member "3"
 
14 March 10:30
My Wife phoned Coys of Kensington Staff member "3" on my behalf as I was tied up in meetings for an update on the current situation . Coys of Kensington Staff member "3" angrily accused her of harassing him and bullying and went on to say that the buyer of our car was having serious issues with the car implying that the sale may not happen. I immediately contacted New owner who assured me the only issue he had was that of the log book.
 
14 March 10:51
Coys of Kensington Staff member "3"
I have just spoken to my Wife and she is extremely upset with how you spoke to her. Needless to say I am pretty angry that a company of your standing resorts to bullying its customers. Accusing us of harassing you is a serious allegation . We have been nothing but courteous to you throughout this mess as all we are trying to do is get a reasonable settlement due to Coys not fulfilling what was agreed. I note you have angrily told My Wife on the phone that it will be sorted by the end of today but due to my bad health and the upset you have caused this morning I feel any further correspondence should only be done via email. I would point out that any issues New owner has/is having is again down to Coys not getting the car mot'd, the V5 being sent to the DVA without mot and of course the DVA mixing things up.
 
Regards, Stuart
 
14 March 10:53 Stuart,
Happy to talk on email, I will talk to new owner and will revert. Coys of Kensington Staff member "3"
 
14 March 11:24
Stuart FYI this is the email I received, as you can see the buyer is far from happy with the car, so I will have to liaise with him and revert . Best, Coys of Kensington Staff member "3"
NOTE possible problem with registration  The vendor has informed me that the new number for the Ferrari we bought from Coys is xxxxxV . The original number was a W (W). The car was built Dec1980 so should be a W reg. I have called DVLA and they have told me this looks like an error . They need the registered keeper or their rep with the V5 to speak to them though in order to sort things . Can perhaps be done on phone but maybe not. Can you please sort this out as a matter of urgency . We (probably my Wife) shall be calling you to follow up. NOTE also that the colour is still showing as silver. You sold us a red car and i expect the V5 you provide to reflect this. Please ensure this is changed.  As a result of above question i done an hpi check and it currently recommends not buying car. This may be due to recent plate transfer but is extremely concerning.  Do you have the V5 serial number and date of issue so i can update the hpi check? Regards New owner
 
As soon as this information was passed on to me I took the day off work and spent the time on the phone with the DVLA to have everything corrected.
 
At 15:30 I received a phone call from Coys of Kensington Staff member "4" advising me she had taken over the case . Coys of Kensington Staff member "4" advised me that she had read through this document and her words were that she was appalled at how we had been treated by Coys. Coys of Kensington Staff member "4" was even more annoyed after I told about what had happened that morning with Coys of Kensington Staff member "3" and assured me he would be dealt with .The phone call lasted 38 minutes with key points being 7.1 to 7.5 of Coys terms and conditions that states If Coys sell a car for less than the agreed reserve the seller can assume the lot went for the agreed reserve. Coys of Kensington Staff member "4" did on the phone agree that this looked to be correct and she would look into it. Another point was that Coys of Kensington Staff member "1" had been suspended due to "questionable dealings" that had left sellers, buyers and Coys in a situation. Although not condoning the actions of Coys of Kensington Staff member "3" Coys of Kensington Staff member "4" did put forward that he was left with the fallout from Coys of Kensington Staff member '1' questionable dealings which might have been a contributing factor to his outburst. Coys of Kensington Staff member "4" said she would have everything sorted within a week.
 
14 Mar 16:18
Hi Stuart,
Thanks very much for your time today, I really appreciate it. Here are my contact details so you have it.
Warm regards, Coys of Kensington Staff member "4"
 
18 March 13:52
Hi Coys of Kensington Staff member "4"
So no further confusion is caused, The tax book arrived on Sat and it is still recorded silver! I despair.  I rang the DVLA this morning and even though the guy I spoke to last week over the wrong Reg assured me he would make sure the change happened, the girl on the phone this morning said it cannot be done over the phone and does not know why I was told it could be. So, I have just sent the V5 back to them for correction . They are telling me turnaround should be by the end of this week. I have already let New owner know earlier . As soon as the log book returns to me I will of course let you know.
 
Kind regards, Stuart
 
18 Mar 14:50
Hi Stuart,
Many thanks for the update and I can only begin to imagine how frustrated you are re the colour of the car . At least the DVLA only have one mistake to fix now . Please let me know when you get the updated V5 back. I also spoke with New owner on Friday and they have updated me with what they have gone through as well since purchasing your vehicle. Now that I have all the details, I will review the numbers of the deal and be back in touch with you this week with a decision. Once again,thanks very much for your patience while we sort through the specifics.
Bye for now, Coys of Kensington Staff member "4"
 
Mar 20 7:35 PM,
Hi Coys of Kensington Staff member "4"
Apologies if you feel I'm pushing for an update but we've just had a death in the family and my Wife is going to have to go over to England and if we knew where we were with you we would have a good idea about how much we can use from our account . Sorry, I don't know why I felt I need to explain our situation .
Kind regards, Stuart
 
20 Mar  21:03
Hi Stuart,
Pardon my late note. I am sorry to hear this sad news and I hope you and yours are alright . Tomorrow is my scheduled day to review your transaction and that of the buyers with the Accountant. I am up to date on all matters . Then I will propose a solution to the MD for approval. I will aim to update you by end of day Friday . With regards to the pressing needs of your wife's immediate need to travel to England, may I propose an interim solution . I can offer to cover £500 of her costs . I will put this over to you now as to how I can make this happen so please do advise . Perhaps booking travel via our credit card will work best given the timescale .
Warm regards, Coys of Kensington Staff member "4"
 
Mar 20, 10:16 PM,
Hi Coys of Kensington Staff member "4"
Thank you so much for your kind words and for your offer. We are ok for now,we can use the credit card lol, thinking what we have ahead of us. I spoke to the DVLA and to New owner about the change of colour on the Log book, it can be done at the same time of the name transfer to New owner . He's happy with that so I have it all signed and have a covering letter explaining the colour change .
Kind regards, Stuart
 
21 Mar 05:36,
Hi Stuart,
Okay thanks for the update on all fronts.
Did you put New owners Wifes name as new registered keeper? New owner mentioned that was their wish . Will you send direct to the DVLA or mail to COYS first? The process usually is that it goes through COYS and then vendors get paid. Let me know what your plan in is, thanks .
Coys of Kensington Staff member "4"
 
25 Mar  17:24
Was hoping to hear from you on Friday or even today regarding proposal. Can I ask for an update
please.
Kind regards, Stuart
 
25 Mar 19:09,
Hi Stuart,
Thanks for checking in and apologies for the delay. I have your proposal ready to put in front of the MD but he is out of the office until Wednesday . I will be speaking to him then and thanks for following up. Bye for now,
Coys of Kensington Staff member "4"
 
Mar 25, 7:45 PM,
Hi Coys of Kensington Staff member "4"
While I really appreciate you coming back to me I have to honest and say that I have a serious case of deja vou starting to set in. It will be 2 weeks Thursday since you contacted me and I was really hoping with you on board I would have been further on. I also thought maybe naively that my Wife would at the very least have had an apology from Coys of Kensington Staff member "3" for the way he spoke to her. I'm trying to remain polite but my patients is waining so please do your best to move things on on Wednesday.
Kind regards, Stuart
 
26 Mar 11:37:46
Hi Stuart,
I am on it so please don't associate this with deja vu. I have been quietly working behind the scenes on your behalf and that of the buyers . COYS is a small, family run company and we can't proceed with much unless our actions have MD approval, which will happen tomorrow as he is out of town today. I had hoped my heartfelt apology to your wife on COYS behalf may have made a difference . I feel terribly that she had such an upsetting experience and I believe it offered a learning experience
from an internal perspective on appropriate behaviour with customers as I discussed it with the team .
 
Back in touch Wednesday ,Coys of Kensington Staff member "4"
 
28 Mar 15:44,
Dear Stuart,
Thanks very much for your patience while I have been reviewing your matter. I recognize that there has been a lengthy wait for you to hear an outcome and I apologize for that . 
I reviewed all of the numbers of your transaction from all perspectives and put a proposal over to the MD for consideration. I regret to inform you that COYS will not be able to offer any further compensation beyond what the terms and conditions of your contract indicate . I imagine this is unwelcome news and for that, I truly apologize. I imagine the outcome may be difficult to accept but there are many operating costs associated with an auction and we need to be able to cover our costs, this is where seller's and buyer's premiums are applied and it allows COYS to provide a venue for vendors and buyers to come together.
I did make an offer to cover up to £500 of your wife's travel costs to attend a funeral and that was an expense I was willing to cover personally out of my own bank account . But I did not get any instructions from you on what I could book on her behalf. Did you proceed with any travel bookings for her? Is there an update you could share with me?
We will release the rest of the money due to you once we receive the V5 . Can you please provide me with an updated timeline as to when we can expect that? I will amend the color to red once I send info pertaining to the new registered keeper to the DVLA . Once again Stuart, many thanks for your patience .
Warm regards, Coys of Kensington Staff member "4"
 
Mar 28, 4:28 PM,
Hi Coys of Kensington Staff member "4"
Disappointment is an understatement .Total disbelief as I simply don't understand how you have arrived at this decision.  Firstly before Coys of Kensington Staff member "3" outburst he had told both my wife and myself £00k and now it's even £500 less than what he said. Secondly you agreed with me on the phone that we had been treated appallingly by Coys and also agreed with my point about the Reserve 7.1-7.5 Coys terms & conditions was correct therefore can you explain why my car was sold for £9k bellow the reserve that was set and I am not entitled to the full reserve as per your conditions . Your offer of £500 from your own account was Nice gesture, I did not realise it was directly from you. My wife is going to England next week as there were complications. As much as I need to put this absolutely horrible experience behind me for the good of my health alone, I am consulting with my solicitor as I simply cannot except/believe that  with everything that has happened even to the point Coys of Kensington Staff member "1" has been suspended that Coys can sell my car £9k under the agreed Reserve with no come back even though it's clearly stated in your own terms. Needless to say until I get my head around the situation a Coys employee has put me in I will not be releasing the V5. I will be contacting New owner to advise him what has happened and why he cannot put the car on the road. I have also contacted the DVLA and advised them of my situation so no new log book can be released. This is simply awful that a business such as Coys treats its customers with such contempt .
 
Regards, Stuart
 
28 Mar 17:18,
Hi Stuart,
Thank you for your reply, I have heard you. I do wish I had better news for you. Regarding your payback, I have the payback due to you at £00,000 with £00,000 already released to you as an act of good faith by COYS. If you have documentation indicating £00,000 please do send to me immediately . With regards to the terms and conditions around reserves and 7.1-7.5, I simply confirmed that is how your deal was able to move forward. Please do feel free to consult with your solicitor . Our Terms and Conditions are self explanatory. Should you require the information about COYS corporate lawyers at a later date, please advise and I will provide to you . But I really hope we won't move on to that stage however it is your right to seek any advice you wish to. It is unfortunate that you won't release the V5 to COYS as you are contractually required to do so. As you know, the impact on the buyer is they are left with a car they can't put on the road. I emailed them directly after the MD's decision so I am sure your note gave them a broader view. As COYS issued you a portion of your payback in good faith, it might seem now that you have no intention in moving forward with completing the transaction . Perhaps I'll leave that with you for now to consider your next steps. Do keep me posted. My offer to personally cover up to £500 of your wife's travel costs still stands . Let me know what I can do. I am sure this is a difficult time for your family and I am sorry to know that. Keep me posted,
 
Coys of Kensington Staff member "4"
 
Mar 29, 1:01 PM,
Coys of Kensington Staff member "4"   (one day on)
 
I do not want New owner put out any further as without his help this situation Coys have me in would be much worse so the V5 will be sent to you personally tomorrow recorded post to be with you Monday. Please confirm that as soon as you receive the V5 on Monday that you will send money owed to me on the next working day which should be Tuesday 02/04.
 
Regards, Stuart
 
29 Mar 17:07,
Hi Stuart,
Thanks for updating me on your decision. I will assume then that the VS you have now is correct or do I still need to change the colour? I looked over the form and the DVLA wants an indication of the colour change's date so please share that with me if it still needs updating. Once we get your VS, we will certainly prepare the rest of your payback for mailing out directly to you. We are off site next week so I won't be back in the office until Thursday. Then we go to Germany the week of April 8th so it may be until the week of April 15th until we can get your cheque signed and in the mail. Just giving you the lay of the land. Thanks,
Coys of Kensington Staff member "4"
 
Apr  1, 10:07 AM,
Hi Coys of Kensington Staff member "4"
Can I ask you to ring me please . I have been trying to contact you. Regards, Stuart
 
1Apr 10:34
Yes Stuart, I was just speaking to the MD about getting your cheque signed before he leaves the country on Wednesday. And have also spoken to the DVLA this morning re the colour change to red and they are fine with using the current date when the registered keeper info goes in. What number is best to reach you at please?
 
Coys of Kensington Staff member "4" 
 
Apr 1, 1:40 PM,
Hi Coys of Kensington Staff member "4"
Do you have any idea when you will be ringing me? Thanks, Stuart
 
1Apr 14:25,
Yes, finally available now but your phone# I can't source. So please send again- sorry.
 
04  April14:32
Subject: Re: Decision
Hi Coys of Kensington Staff member "4"
Stuart again. I've phoned 3 times and sent at least 4 emails trying asking for you to contact me to let me know if the cheque has been posted as agreed? I'm seriously worried now if I'm ever actually going to get my money as there seems to be a reluctance to sort things. I'm afraid deja vu has became a reality in that Coys of Kensington Staff member "1" and Coys of Kensington Staff member "3" started to avoid contacting me over obstacles put in my way and I can't help wondering is there more issues causing you to do the same. While I totally understand that you must be busy, I had hoped that this would now have been a priority. I really need that money. Please let me know what is going on.
 
4 Apr 20:35,
Hi Stuart,
I have just gotten back in to the office today after being off site and largely unavailable while at auction . Thank you for your follow ups. I have confirmation that your cheque will be processed during tomorrow's accounts day and then off to you in the mail next week as our Accountant does not leave for Germany until mid week. Thanks for sending along the VS as well. I have filled in the details of the new registered keeper and it will go to the DVLA tomorrow when the mail gets picked up. I have also made sure to include your covering letter. Many thanks for your patience throughout Stuart. Regards,
Coys of Kensington Staff member "4"
 
8 Apr 10:38,
Hi Stuart,
Ijust landed from an overseas flight and yours was the first email I fwded to Accounts and the MD. As soon as I have an answer, I willllet you know .Thanks,
Coys of Kensington Staff member "4" 
 
Apr 9, 12:24 PM,
Hi Coys of Kensington Staff member "4"
I'm afraid I don't understand. Your email last Thursday said the cheque was being processed the next day, Friday, so why has it to go through the MD again and I thought he was away until the 15th. Surely not more delay .
Stuart
 
Apr 9, 10:21AM,
Hi Coys of Kensington Staff member "4"
Will the cheque definitely be sent this week and if so what day. Stuart
 
9 Apr 13:39,
Hi Stuart,
The cheque will be prepared and brought to Germany on Wednesday when our Accountant arrives. Then the MD will sign and we will post to you. Thanks,
Coys of Kensington Staff member "4"
 
Apr 9, 7:09 PM,
Hi Coys of Kensington Staff member "4"
I've just read your message again and I still don't understand how the cheque was being processed last Friday and now it has to go to Germany for signing. Do Coys actually have the funds to pay me as I've been on a few car forums and on everyone there are people with issues of getting there money from you. I'm leaving next week free as I think it's now time to fly over and meet with whoever it takes to sort this out.
 
9 April  21:11:30
Hi Stuart,
If you follow the timeline, you finally provided the VS which you had been withholding for no good reason which put you in breach of contract as it was you who wished to keep the registration number. This arrived when you knew I would be out of the office and as soon as I got in to the office I handled the matter by sending the VS to DVLA so the registered keepers can finally move forward and enjoy their purchase. During this period, all senior staff have relocated to Germany for our Essen
auction which is now getting on 30 years. So the only way we can issue your cheque in the quickest possible timeframe is for the authorized signatories to sign and dispatch from where the office is currently operating. And we will confirm when this is dispatched which we are not obliged to do but I happily will in order to give you peace of mind. Anecdotally, your reference to Internet forums is really rather passe bearing in mind it is now considered an unregulated fake news generator and is entirely discredited. We handle the sale of over 2000 classic cars a year across every developed nation in the world and we know what we are doing. I've contacted our compliance advisors who have informed me that your tone of communication to me has been threatening and abusive and borderline reportable and, without a doubt, unacceptable. This will be our final contact. Regards,
 
Coys of Kensington Staff member "4"
 
09/04/2019
Hi Coys of Kensington Staff member "4"
I am quite taken aback that you feel I have somehow personally threatened you or have given you abuse. I genuinely cannot see how I have managed to do this but I apologise if you feel I have.
I feel there are a few things that require clearing up and to help all concerned understand better I have included the full timeline that has taken place between us. I am more than happy to discuss this with Coys MD, Compliance advisors or any other Coys nominated representative.
1. As you will no longer be in contact with me can you forward a point of contact to me please to discuss any further issues or delays should they arise. This was not done
2. Is it Coys decision that no-one representing Coys will be conversing with me regarding money owed to me or if it is your personal decision have you passed my situation on to someone else? No response
3. On 9 different dates I have been advised by yourself about the signing of a cheque by your MD which has not taken place. Can I now have a specific date on when the cheque will be posted. No response
4. Has Coys of Kensington Staff member "3" denied that he said we would be receiving the
£00000 just before he insulted my Wife . No response
5. Coys of Kensington Staff member "3" also stated to me that he was wavering the cost of taxing the car due to all that had happened . Will that be honoured? No response
6. From the timeline I have included can I urge you or someone from your Compliance advisors to highlight the areas where I have been abusive or threatening as it is upsetting to be accused of this. No response
 
I strongly feel I have been as personable as any reasonable could be considering the amount of strain and mental pressures of being out of pocket such a large amount of money for over 4 months has put on my family and work life. As I mentioned to you in passing the first day you contacted me about my circumstances (I have omitted the circumstances as I had them listed), having the money would have been very useful in making a few things more comfortable for us. Not that it matters but I have been suffering badly from depression and this ongoing situation is not helping.
I did say to you on the first day we spoke that I sincerely hoped we would not fall out over what has happened and you said it wouldn't come to that so I do hope either yourself or someone will now put things right.
Regards, Stuart 
 
lOth April.
I have had no further contact from anyone at Coys.
 
lOth April I contacted my solicitor and a letter was sent to Coys of Kensington giving them 7 days to respond with payment.
 
17th April16.58, 2 minutes before solicitors closing time on the seventh day my solicitor received an email with myself cc'd from Coys of kensington staff member "3" asking should the cheque be sent to the solicitor or myself. My solicitor requested the cheque be sent to me.
 
17th April 17.31
I was accidently cc'd in on an email from Coys of Kensington Staff member "3" to a client looking for the clients account details so payment from the auction the previous Saturday could be sent to him. I was told from the outset by all members of Coys of Kensington that I dealt with that they only dealt with cheques and did not do wire transfers. I passed this email on to my solicitor .
 
18th April17.03 .
My solicitor received the payment from the sale of my car. 18th April17.48.
I received an email from Coys of Kensington Staff member "3" saying, personally I am really pleased this has been sorted and I am sorry for any stress this matter has caused .
 
 
 
 
Thank you for taking the time to read this document, make your own decisions on how I was
treated. I have kept hard and digital copies of ALL correspondence that took place so there can be no accusation of slander etc.