FunkyDude Posted June 19, 2022 Share Posted June 19, 2022 Hi All, Has any one had any bad experience on "commission sale" in which the instrument was sold but the shop kept postponing payment to you? I sold a high end trumpet, on commission, with a shop but now the guy keeps finding excuses in making the bank transfer payment to me. Any suggestions folks? Quote Link to comment Share on other sites More sharing options...
spongebob Posted June 19, 2022 Share Posted June 19, 2022 I've only sold basses through The Bass Gallery, each time was fantastic, total satisfaction. 3 Quote Link to comment Share on other sites More sharing options...
FunkyDude Posted June 19, 2022 Author Share Posted June 19, 2022 11 minutes ago, spongebob said: I've only sold basses through The Bass Gallery, each time was fantastic, total satisfaction. Bass Gallery is great. Never had any problem with them. 1 Quote Link to comment Share on other sites More sharing options...
uk_lefty Posted June 19, 2022 Share Posted June 19, 2022 17 minutes ago, FunkyDude said: Hi All, Has any one had any bad experience on "commission sale" in which the instrument was sold but the shop kept postponing payment to you? I sold a high end trumpet, on commission, with a shop but now the guy keeps finding excuses in making the bank transfer payment to me. Any suggestions folks? My suggestion would be to threaten with small claims court. Give a deadline until you start proceedings. It's not a very nice thing to do, but neither is keeping hold of your money and not paying it to you. The small claims court process is very simple, but you should demonstrate that you have firmly set out your stall before taking things down that route. Write a professional, firmly worded letter to the seller stating the facts and copying any paperwork. Give them a reasonable deadline like seven days from receipt of the letter (send by recorded delivery) to make the payment otherwise you file with small claims court. 3 Quote Link to comment Share on other sites More sharing options...
binky_bass Posted June 19, 2022 Share Posted June 19, 2022 (edited) 21 minutes ago, uk_lefty said: My suggestion would be to threaten with small claims court. Give a deadline until you start proceedings. It's not a very nice thing to do, but neither is keeping hold of your money and not paying it to you. The small claims court process is very simple, but you should demonstrate that you have firmly set out your stall before taking things down that route. Write a professional, firmly worded letter to the seller stating the facts and copying any paperwork. Give them a reasonable deadline like seven days from receipt of the letter (send by recorded delivery) to make the payment otherwise you file with small claims court. This is a very good suggestion - I believe it's called a 'letter before action'. I did this with a somewhat notorious UK Bass builder after months of issues, it worked a treat as in reality they knew they didn't have a leg to stand on and were hoping to shine me on indefinitely thinking I'd let it slide. If you show (and mean) intent to take legal action they will cave pretty quick as they have no chance at winning the case, they could also be liable for legal costs too so it will cost them more than just paying you your owed money. Edited June 19, 2022 by binky_bass 4 Quote Link to comment Share on other sites More sharing options...
uk_lefty Posted June 19, 2022 Share Posted June 19, 2022 I did it with a plumber who left me with all kinds of issues from a botched installation and was somehow always ill, had a dying relative, etc. And never, ever rectified the fault. It went down to the wire but it ended amicably and with him agreeing a repayment plan which he stuck to. It feels horrible having to do it but sometimes it's your only option. 2 Quote Link to comment Share on other sites More sharing options...
FunkyDude Posted June 19, 2022 Author Share Posted June 19, 2022 Thank you all for the suggestion. I don't really want to get nasty with the guy but on the other hand, I don't like being treated like an idiot. So perhaps sending him a formal final notice letter by registered post and see if this works. Have a great Sunday all. 5 Quote Link to comment Share on other sites More sharing options...
uk_lefty Posted June 19, 2022 Share Posted June 19, 2022 1 hour ago, FunkyDude said: Thank you all for the suggestion. I don't really want to get nasty with the guy but on the other hand, I don't like being treated like an idiot. So perhaps sending him a formal final notice letter by registered post and see if this works. Have a great Sunday all. It's nasty to keep your money and give crap excuses. It's not nasty to say enough is enough and I will have to get the money back through formal means. 6 Quote Link to comment Share on other sites More sharing options...
Munurmunuh Posted June 19, 2022 Share Posted June 19, 2022 A small time promoter was once giving me excuse after excuse after a project. A short calm letter ending Small Claims Court suddenly opened his wallet. 1 1 Quote Link to comment Share on other sites More sharing options...
deepbass5 Posted June 23, 2022 Share Posted June 23, 2022 Just one comment on commission sales in music shops I have done this with two basses and other PA gear. It is normal for the shop to hold the money after the sale as they are obliged to offer refunds and a cooling off period, so the buyer can return the kit if not operating as described or as the buyer believed it would. This I believe is normally two weeks but should be discussed with you when entering into your contract with the store, they should also discuss % commission/markup etc. If this time has now passed I believe a final warning is best with a reference to small claims court should do the trick. The only time I have had trouble was with a second hand shop, specialising in Band and disco equipment where a price was agreed, he sold my gear but wasn't answering my calls, A trip over there and standing in the store while he tried to deal with other customers did the trick and he managed to find £200 in the till quite easily. 1 Quote Link to comment Share on other sites More sharing options...
FunkyDude Posted June 24, 2022 Author Share Posted June 24, 2022 11 hours ago, deepbass5 said: Just one comment on commission sales in music shops I have done this with two basses and other PA gear. It is normal for the shop to hold the money after the sale as they are obliged to offer refunds and a cooling off period, so the buyer can return the kit if not operating as described or as the buyer believed it would. This I believe is normally two weeks but should be discussed with you when entering into your contract with the store, they should also discuss % commission/markup etc. If this time has now passed I believe a final warning is best with a reference to small claims court should do the trick. The only time I have had trouble was with a second hand shop, specialising in Band and disco equipment where a price was agreed, he sold my gear but wasn't answering my calls, A trip over there and standing in the store while he tried to deal with other customers did the trick and he managed to find £200 in the till quite easily. Thanks for the input but in my case, it's gone past all those period. First he called me and asked if I still have the signed agreement, asked me to send him a copy via email. Then it all gone quiet for a week, I called him and he said he hasn't got my bank detail so I emailed the bank info to him. Two weeks later, I called again and he said he had forgotten the whole things due to, loads of excuses. He then said he would sort it out soon. Another two weeks gone by, no money in my bank. I called him and this time he said the online banking dongle is not working and he is waiting for another one posted by the bank. That was almost two weeks ago. So there, I did think of hiring a debt collector but members here advice "small claims court" so I am in the process of doing so now. The shop in question is, Bexley Brass in Bexley. The owner is Philippe L'olive. Spread out the words to all your brass band mates. Quote Link to comment Share on other sites More sharing options...
deepbass5 Posted June 24, 2022 Share Posted June 24, 2022 Sorry to hear that - sounds like small claims is the way forward, good luck 1 Quote Link to comment Share on other sites More sharing options...
Reggaebass Posted June 24, 2022 Share Posted June 24, 2022 I’d give him one last option, If all his online banking isn’t working (according to him) make a trip to the shop to collect in cash 2 Quote Link to comment Share on other sites More sharing options...
Happy Jack Posted June 24, 2022 Share Posted June 24, 2022 On 19/06/2022 at 08:23, FunkyDude said: Has any one had any bad experience on "commission sale" in which the instrument was sold but the shop kept postponing payment to you? I tried this route several times 10/15 years ago, and I had uniformly lousy experiences every time ... payment 'postponed', basses sold at the 'minimum acceptable' figure with no effort to get a decent price, basses very deliberately (and in one case fraudulently) misdescribed so as to fool the shop's customers. The second-hand instrument market is every bit as honest and reliable as the second-hand car market, and should be approached with the same degree of caution. I'll name no names, but my bad experiences (a decade ago, remember) involved some shops that normally get a free pass on Basschat. 1 Quote Link to comment Share on other sites More sharing options...
LukeFRC Posted June 24, 2022 Share Posted June 24, 2022 9 minutes ago, Happy Jack said: The second-hand instrument market is every bit as honest and reliable as the second-hand car market, and should be approached with the same degree of caution. As someone who works in a company supplying mainly the secondhand car market I resent this - every industry has it's chancers and dodgy practice, but generally even at the worst end of the used car market is safer, better regulated and more open and honest than vintage guitars.... Quote Link to comment Share on other sites More sharing options...
Happy Jack Posted June 24, 2022 Share Posted June 24, 2022 1 minute ago, LukeFRC said: As someone who works in a company supplying mainly the secondhand car market I resent this - every industry has it's chancers and dodgy practice, but generally even at the worst end of the used car market is safer, better regulated and more open and honest than vintage guitars.... No offence intended Luke, and I'm well aware that there are plenty of honest people out there, but would you (for example) advise your teenaged son buying his first car to simply plunge into the market assuming that the dealer is going to tell him the whole truth and charge no more than the car is worth? We've never met but I'm guessing that you wouldn't do that. If a market or industry has spent decades earning a reputation, then it can only make sense to be on your guard. I repeat: The second-hand instrument market is every bit as honest and reliable as the second-hand car market, and should be approached with the same degree of caution. You can read that in more than one way, y'know. 1 Quote Link to comment Share on other sites More sharing options...
MacDaddy Posted June 24, 2022 Share Posted June 24, 2022 On 19/06/2022 at 08:23, FunkyDude said: Hi All, Has any one had any bad experience on "commission sale" in which the instrument was sold but the shop kept postponing payment to you? I sold a high end trumpet, on commission, with a shop but now the guy keeps finding excuses in making the bank transfer payment to me. Any suggestions folks? Yup, many years ago with Andy's Music (aka Andy's Guitars / Andy's Drums) on Denmark Street. Tried the court route but I was a long way down the list of his creditors. He filed for bankruptcy but still managed to keep his Rolls Royce. 1 Quote Link to comment Share on other sites More sharing options...
LukeFRC Posted June 24, 2022 Share Posted June 24, 2022 1 hour ago, Happy Jack said: No offence intended Luke, and I'm well aware that there are plenty of honest people out there, but would you (for example) advise your teenaged son buying his first car to simply plunge into the market assuming that the dealer is going to tell him the whole truth and charge no more than the car is worth? We've never met but I'm guessing that you wouldn't do that. Depends on funding model used.... with the shift of the marketplace to online prices are more transparent and there's a big chunk of the market that I would trust now when it comes to the vehicle - less so when selling add on products that may or may not be needed or necessary. To be honest in this scenario my biggest surprise would be my 4 year old daughter becoming a teenage son. 3 1 Quote Link to comment Share on other sites More sharing options...
deepbass5 Posted June 24, 2022 Share Posted June 24, 2022 Well Luke if that does happen and you agree to pay for her operation, don't go to someone advertising on Gumtree without checking the customer feedback 😁 1 1 Quote Link to comment Share on other sites More sharing options...
FunkyDude Posted July 11, 2022 Author Share Posted July 11, 2022 Latest update guys. I finally received the money today 3 weeks after sending him a "letter before action" giving him 2 weeks to pay. Then on the last day of the 2 weeks, he emailed me saying how disappointed he was that I went this route. I know, pathetic huh? He still saying that the online banking dongle hasn't arrived. Then he asked me to give him another week and if the dongle still not arrived by the end of the week, which is today, he would go to the bank. Hmm...shouldn't he do this many weeks ago? Again, thank you all for the advice. 😁 5 Quote Link to comment Share on other sites More sharing options...
Happy Jack Posted July 11, 2022 Share Posted July 11, 2022 Bullet dodged. I wonder how many honest musicians he has conned over the years (trans. stolen money from). 1 Quote Link to comment Share on other sites More sharing options...
neepheid Posted July 11, 2022 Share Posted July 11, 2022 1 hour ago, FunkyDude said: Then on the last day of the 2 weeks, he emailed me saying how disappointed he was that I went this route. I know, pathetic huh? F'n condescending narcissist. Because you're the bad guy in all this, aren't you? Glad you got it sorted. 1 1 Quote Link to comment Share on other sites More sharing options...
Count Bassy Posted July 11, 2022 Share Posted July 11, 2022 Threaten a small claims court. Do not delay. Not a commission sale but, when I was self-employed I had a customer go bust on me. I gave them way too many chances, culminating with a cheque that bounced (it was some time ago), and after that a letter from the reciever. Second example was a commision sale of an old Leica camera where the bloke (Peter Walnes - be warned, he's a scum bag) sold the camera, gave us excuses, and then went bust owing us around £750. Don't delay, go straight for the Jugular. 1 Quote Link to comment Share on other sites More sharing options...
mybass Posted July 11, 2022 Share Posted July 11, 2022 On 24/06/2022 at 10:47, MacDaddy said: Yup, many years ago with Andy's Music (aka Andy's Guitars / Andy's Drums) on Denmark Street. Tried the court route but I was a long way down the list of his creditors. He filed for bankruptcy but still managed to keep his Rolls Royce. Terrible shop, they used to use super glue to repair acoustic guitars! Quote Link to comment Share on other sites More sharing options...
mybass Posted July 11, 2022 Share Posted July 11, 2022 On 19/06/2022 at 08:23, FunkyDude said: Hi All, Has any one had any bad experience on "commission sale" in which the instrument was sold but the shop kept postponing payment to you? I sold a high end trumpet, on commission, with a shop but now the guy keeps finding excuses in making the bank transfer payment to me. Any suggestions folks? Visit the shop again, face to face can work. Quote Link to comment Share on other sites More sharing options...
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