They damaged my watch

[K3nny!]

Hi folks,

 

I've been prompted to look for answers regarding a situation that happened today. Basically I took my watch in to a Timpson shop and asked if they could install a new battery, they said yes it'll be 15 mins and gave me a ticket. I returned to collect my watch only to be told they couldn't replace the battery as they couldn't get the backing of my watch. That was fine but when I looked at the watch they had damaged the bezel and the face quite badly (deep gauging) and also scratched the backing. This is a watch I've had for around 18 months and it didn't have a single mark on it before they touched it. The watch also has sentimental value.

 

I immediately pointed out the damage and in fairness they accepted responsibility without any argument and agreed to pay for a new watch. They kept the damaged watch in order of finding the replacement but within an hour of leaving the shop I sourced the model from a nearby jewellers and so I called Timpson to let them know where they could get it. They requested I go to purchase it and they will reimburse me the cash when I take in the receipt for proof of purchase.

 

What I want to know however is, do I have the right to request my original watch back when I go in to be reimbursed ,even though they are replacing it, or do they keep it now that they paid for the replacement.

 

Any help and advice on this would be appreciated. Thanks.

[BazzaS]

Hi folks,

 

I've been prompted to look for answers regarding a situation that happened today. Basically I took my watch in to a Timpson shop and asked if they could install a new battery, they said yes it'll be 15 mins and gave me a ticket. I returned to collect my watch only to be told they couldn't replace the battery as they couldn't get the backing of my watch. That was fine but when I looked at the watch they had damaged the bezel and the face quite badly (deep gauging) and also scratched the backing. This is a watch I've had for around 18 months and it didn't have a single mark on it before they touched it. The watch also has sentimental value.

 

I immediately pointed out the damage and in fairness they accepted responsibility without any argument and agreed to pay for a new watch. They kept the damaged watch in order of finding the replacement but within an hour of leaving the shop I sourced the model from a nearby jewellers and so I called Timpson to let them know where they could get it. They requested I go to purchase it and they will reimburse me the cash when I take in the receipt for proof of purchase.

 

What I want to know however is, do I have the right to request my original watch back when I go in to be reimbursed ,even though they are replacing it, or do they keep it now that they paid for the replacement.

 

Any help and advice on this would be appreciated. Thanks.

 

You can claim for the cost of the damage (the loss in value) for the original watch and keep the original, OR

 

Claim for the cost of a replacement, but they keep the original (which they can then do with as they wish).

 

Either way you end up with a watch (one!) and are compensated for your loss. They end up paying for the damage, either:

So, if X is the replacement value of your watch (undamaged), and Y it's value damaged

 

Then can pay you (X-Y) and give you the damaged watch back OR

They can pay you X. You use that to get a replacement. They keep your watch, (and can sell it).

 

Either way you get one watch to the value of (X-Y), which is what you started with, and they loose (X-Y) : the cost of the damage they caused.

 

Let's just say the watch cost. £500 new, but is now £300 value (undamaged), and they cause £100 of damage (so it is now worth £200).

 

You can claim £100 and keep the damaged watch.

They can give you £300 to get a replacement, but they can sell yours for £200.

 

Either way you end up with a £300 watch (so, are not "unjustly enriched") and they end up £100 out if pocket, representing the damage they caused.

[rebel11]

That pretty much sums it up, 'no' you can't keep the old watch if you except the replacement watch. The retailer is making good the damage done to your watch by replacing it.

 

You can claim for the cost of the damage (the loss in value) for the original watch and keep the original, OR

 

Claim for the cost of a replacement, but they keep the original (which they can then do with as they wish).

 

Either way you end up with a watch (one!) and are compensated for your loss. They end up paying for the damage, either:

So, if X is the replacement value of your watch (undamaged), and Y it's value damaged

 

Then can pay you (X-Y) and give you the damaged watch back OR

They can pay you X. You use that to get a replacement. They keep your watch, (and can sell it).

 

Either way you get one watch to the value of (X-Y), which is what you started with, and they loose (X-Y) : the cost of the damage they caused.

 

Let's just say the watch cost. £500 new, but is now £300 value (undamaged), and they cause £100 of damage (so it is now worth £200).

 

You can claim £100 and keep the damaged watch.

They can give you £300 to get a replacement, but they can sell yours for £200.

 

Either way you end up with a £300 watch (so, are not "unjustly enriched") and they end up £100 out if pocket, representing the damage they caused.

[*RainbowTears*]

+1

 

Very nicely put Bazza!

[K3nny!]

That's great, thanks for clearing that up guys. Much appreciated.

[BazzaS]

+1

 

Very nicely put Bazza!

 

 

That's great, thanks for clearing that up guys. Much appreciated.

 

Phew! Thanks.

 

Sometimes I think I've explained stuff well, but I haven't done so as well as I'd hoped.

I don't mind algebra, so the 'X-Y' made sense to me, but not everyone gets on with it, so I thought a made up example would help (I'm not suggesting anyone is 'dumb' - just some people don't "get it" as algebra!)

 

If it makes sense, and has helped : I'm glad! (Otherwise it's not best use of your time or mine!)

 

The mathematical approach to damages doesn't take into account sentimental value ; you might want to have the damaged watch rather than a replacement!

 

If so, can the damage be repaired?

You could ask them to pay the cost of repair, if you really want to keep that watch : if they say "cost of a replacement is less, and you have a duty to mitigate your loss" (keep the costs down as far as possible), then point out that the aim of damages is to put you back into the position you should have been in, as far as money possibly can.

 

You are asking for "undamaged watch that had sentimental value" rather than "any undamaged watch of that model"

 

Cases:

the aim of damages is to put you back into the position you should have been in, as far as money possibly can. (Robinson v Harman, from 1848!)

 

"You have a duty to mitigate the loss" (British Westinghouse)