What is the best cause of action Jewellers have lost my ring after I put it in for repair.?
I put my Grandmothers ring in the shop to have a stone put in it , 5weeks later I still donot have my ring. Every time I have phoned I get told a different story I.E the ring has been sent to his platiunm setter by mistake, he does not have the right size stone, it has been delayed in the post due to weather, It is in Hatton Garden Waiting for repair. Today I have been told it is lost in the post coming back from Hatton Garden and that he has to wait 28days before putting a claim in after which he will
get a ring made for me. I feel that he is just fobbing me off I might add I have paid for the repair up front and the fact that he keeps promising to phone me when I ask why he had not phone his answer was he did not want to phone with bad news
Is their anyone one I can get in touch with about this.
Answers:
If you can prove that you put your ring in there to get repared than you can take them to court, seek advice form a solicitor or a retail advice place
my mother in law would go to the store and make a lot of noise until she got a ring. oh wait, she did that once!
when does the 28 days expire it seems he as already offered to make you a new one so I dont see the problem however if you dont get any action go to trading standards in the area where you live
Firstly, you should not have had to pay in full for the repair up front. You should make a claim for full replacement value from the jeweller, he should have been fully insured against the loss, he can claim from his insurers, Get an independent valuation from a different jeweller,( do not tell them that you are making a claim against another jeweller!,) tell them you just lost the ring!, good luck
Two things, what he said about 28 days and replacing the ring, was it in writing, and secondly did you get a receipt when you paid up front. If the answer is yes to both then wait the 28 days and then take action.
Why dont you pop along to the police and explain your story.You could also tell the jeweller your intentions also explaining that another ring is not acceptable as it is of great sentimental value of several thousands of pounds and that if the ring is not forthcoming you will have no option but to sue him .DONY BE FOBBED OFF. He took your money to repair the ring and obviously he has lossed it or sold it.
Go very public in your town and get a lawyer...there are several jewlers who steal this way..mostly the older rings and such which is alot more value than todays jewelry, they even the little jewels & the metal are precious they most likely or sold what they could and think your to stupid to pursue them and if they did loose it they think you will not do something about the neglect...this has happens more than you want to know...I have heard in our town not to long ago that one of the jewelers here was so called repairing jewelry but was taking out the expensive stones and putting in cheaper ones without the people realizing it..it was only when an experienced stonesmith took his in was this guy busted...who knows how many people he screwed...I would be demanding action remember when in doubt shout and I would be in the store yelling if they did not do something...your being played...and if they can keep you quiet, they can get away with it..I would demand they find it now and if they cant get it back sue them for not only the lawyers fees, but three times the amount of the ring and you mental anguish...dont get me wrong..I dont like sueing people..but you would make them think twice about doing this to someone else..and if they are this shody, they do not need to be in business..and things like your grammas ring are priceless..and they are very aware of that...so get loud and mad and dont let them put you off any longer, tell them if they cannot produce the ring by two days from now you are going public with it and a lawsuit will shortly follow...see how fast they can find it then...get a lawyer that wont get anything unless he wins the case that way you wont be screwed by the lawyer also...
The problem you encounter raises a number of issues. I will try deal with each of them in turn.
First of all the jeweller you have dealt with who has your Grandmothers ring in his possession must fulfil his contractual obligations within a "reasonable time" period - this is where the contract is silent with regard to this. A period of 5 weeks to have a stone put in seems an unreasonably long period.
From your question I take it that the jeweller with whom you have a contract with has sent it for repair to someone in Hatton Garden. I will address it from this viewpoint.
If the jeweller has sent it to Hatton Garden and the work has been carried out correctly and then sent through the post and subsequently lost this is where things start to get a little more complicated. If the jeweller did send it and it got lost then they have discharged their contractual duty. The person at fault would be the carrier (I assume Royal Mail).
The jeweller in Hatton Garden owe you what is known as a "duty of care" in tort. This is that your Grandmother's ring is taken care of and not damaged by their acts or omissions. However, although you have suffered "damage" (loss of the ring) have they breached their duty of care? One would assume that if they have sent a valuable item via the post and not insured it then this amounts to a breach. After all would you really send a Rolex watch worth £10,000 through the post without having it fully insured?
If they have not insured then they may be made liable in the tort of negligence. If they have done everything "reasonable" then they will not be made liable.
Due to the fact a third party (Royal Mail) enter the equation other factors arise. Royal Mail when sending letters, parcels etc. owe a duty of care to others who they may reasonable foresee may be damaged by their acts. If Royal Mail lose an item have they been negligent? Unless exceptional circumstances prevail, yes. In fact the legal principle of "Res Ipsa Loquitur" (the thing speaks for itself) may be cited. If I lose something in transit is this not tacit proof of negligence on their behalf? A "reasonable" postal service does not lose parcels just as surely as a "reasonable surgeon" does not amputate the wrong limb!
The Postal Services Act may be of assistance and I believe covers items to a certain value? Please check on this as I have not a clue about the Postal Services Act!
If the jeweller you want to can claim then simply sit back and wait for the 28 days to elapse. The fact the jeweller has stated he will "get a ring made for me" sets alarm bells ringing.
What I believe may have happened is that when you sent the ring to the jeweller it was recognised as an item of value. The jeweller may have then decided to "lose the item" and replace it with another. Without questioning the merits of the jeweller if you saw a ring that was worth, say £5,000, it would be a neat trick to say it was lost through the post and then have a new one made for you for around £500!
Questions:
1. Did you know the rings value?
2. Is the jeweller reputable?
I would first of all make my own enquiries. Ask the jeweller who he sent the ring to for the work carried out. If he refuses to give you the name or address then it immediately looks suspicious. If he does supply you with an address or telephone number check it online or via Yellow Pages. If you do need to check up remember the following points:
1. Don't accept a mobile number. Any legitimate jeweller's will have a landline!
2. If you call a number tell the person at the other end you wish to come and see them in person. Go and see the premises. If he is a fraud it could be his friend on the other end of the line who he has "vetted" beforehand!
3. Ask to see a copy of the contract he has with the jewellers in Hatton Garden and the initial contact. If it's "word of mouth" then quiz him/her. If things don't ring true then this should alarm you.
Finally, if you think you are the subject of fraud do not be afraid to go to the police and tell them what has gone on. You will not be sent to gaol (yes, I did spell it right!) for "being mistaken". Even if the police don't find any evidence of fraud it won't reflect on your character if you have reasonable grounds for believing something is wrong.
I hope this has helped you in some way and good luck!
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