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Online Jewellers mixed up engagement rings whilst resizing, Now taking me to court!


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I purchased a Diamond Engagement Ring from Vashi.com online and paid the full amount of £2,464.05 on 10th July 2015.

 

I proposed to my partner with the diamond ring on a holiday to Barcelona. I went to great expense to get everything right,*which was very important to me. We stayed at a 5 Star hotel in Barcelona, I hired a table on a secluded veranda overlooking Barcelona, hired a Mariachi band who were playing a serenade where I proposed with the ring I had purchased from Vashi.com. Everything went and seemed perfect.

 

On our return from Barcelona we asked Vashi.com to alter the size of the ring as it was too big and to upgrade to a different stting design, which we chose in person at the company’s London shop and paid a further £301.

 

I received the amended ring at my home by registered post on 12th August 2015 and signed for it.

The Engagement ring was given away to my fiancée as a gift at the blessing ceremony on the next day 13th August 2015.

 

Vashi.com telephoned me on 18th August (7 days after I received the ring) checking if I have received the ring because their system showed that the ring is still in the depo and during their stock check they suspected an error.

 

Upon my confirmation of receipt of the ring Vashi.com expressed the suspicion that I may have received an incorrect item and asked me to send our Engagement ring back. To cut a long story short we refuted their claims believing we had our ring we paid for. They then accused us of retaining a ring that did not belong to us saying that another customer wanted their ring back, giving us an ultimatum to return the ring or pay an additional £1000.

 

Also the so called diamond certificate is not a certificate (has no number on the diamond) and is indeed their own appraisal. They have harassed my fiancee and I since and now have issued a claim in court against us! Any advice? surely this must be a breach of our consumer rights.

 

We are in court on the 16th March 2016.

Edited by honeybee13
Paras.
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How are you sure you did receive the correct ring? They may look the same but may be of a better quality. If they sent you the wrong ring, then that ring doesn't belong to you.

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Thread moved to General Legal as a claim has been issued.

 

Can you please let us know what they say in their Particular of Claim and what you have submitted in your defence/witness statement.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are they going to be bringing the other ring to court ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I purchased a Diamond Engagement Ring from Vashi.com online and paid the full amount of £2,464.05 on 10th July 2015.

 

I proposed to my partner with the diamond ring on a holiday to Barcelona. I went to great expense to get everything right,*which was very important to me. We stayed at a 5 Star hotel in Barcelona, I hired a table on a secluded veranda overlooking Barcelona, hired a Mariachi band who were playing a serenade where I proposed with the ring I had purchased from Vashi.com. Everything went and seemed perfect.

 

On our return from Barcelona we asked Vashi.com to alter the size of the ring as it was too big and to upgrade to a different stting design, which we chose in person at the company’s London shop and paid a further £301.

 

I received the amended ring at my home by registered post on 12th August 2015 and signed for it.

The Engagement ring was given away to my fiancée as a gift at the blessing ceremony on the next day 13th August 2015.

 

Vashi.com telephoned me on 18th August (7 days after I received the ring) checking if I have received the ring because their system showed that the ring is still in the depo and during their stock check they suspected an error.

 

Upon my confirmation of receipt of the ring Vashi.com expressed the suspicion that I may have received an incorrect item and asked me to send our Engagement ring back. To cut a long story short we refuted their claims believing we had our ring we paid for. They then accused us of retaining a ring that did not belong to us saying that another customer wanted their ring back, giving us an ultimatum to return the ring or pay an additional £1000.

 

Also the so called diamond certificate is not a certificate (has no number on the diamond) and is indeed their own appraisal. They have harassed my fiancee and I since and now have issued a claim in court against us! Any advice? surely this must be a breach of our consumer rights.

 

We are in court on the 16th March 2016.

 

Is the ring you have the same specification as the "resized / re-set " ring you requested?

You said "believing we had our ring we paid for" : can you show why you believed this, or get another jeweller to confirm it?

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Best thing to do is to show the ring to another jeweller specialised in diamonds.

The certificate must be taken along to check that the diamond is indeed a diamond and not a cheaper cut or stone.

If everything checks out and that is the ring you ordered, pay a report from the jeweller (around £50) and send a copy to the company demanding a refund of the same report.

If they refuse you could issue a counterclaim

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This all sounds very peculiar. Why would they need to 'check you've received the ring' when they should know you signed for the package they sent? Is the one you have identical (or look identical) to the one you left in for resizing? I'd have thought your fiancé would have noticed pdq if she hadn't got her ring back. An engagement ring is something a girl gets pretty attached to. It's a helluva coincidence that they happen to send out the wrong ring which is exactly the right size.

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The Judge has asked for both original rings to be brought to court. As part of their court bundle they have a certificate with my name on it to accompany their ring dated 29th February 2016 which was after the Judge asked for the rings, 9 months after I purchased and had the ring altered, my guess is they have just had one made for the court, very iffy.

 

Immediately when the problem occurred we took it to a diamond retailer and he said it looked like the size diamond we had ordered, but couldn't be 100% unless the diamond was taken out of its setting and weighed. The so called diamond certificate/ appraisal that the claimant produced says on it that it is a valuation of the diamond in the setting. We offered in writing to have 3 independent appraisals by a registered diamond expert which was ignored by the company. We asked for their complaints procedure and was again ignored, they have had no dispute resolution system in place and even say in their application to court that we have not communicated with them, which is a lie because we have two recorded delivery letters and emails as proof. They have gone straight to court demanding we pay the additional amount.

Edited by tigerf999
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I asked for a written explanation of the error. The email appeared to be different to the explanation over the phone. It stated that they suspect the mix-up occurred in the workshop and they think that they sent me somebody else’s ring that is a ‘similar’ in style and should be size J ¾*

 

The company confirmed that the centre stone was reset from our original twist to a new set we ordered and resized to K.

 

The ring I received from Vashi.com was in ‘exact’ style that my fiancée and I chose in person “Contour Pave Set side Stone - SV-RN02458-PLT” (not in ‘similar’), and in size K ½ (otherwise the ring wouldn’t fit

 

my fiancée’s finger and would be noticeable). Considering all the facts, I believe that the ring I have received was a correct ring for which I paid in full.*

 

This has been communicated back to the company. We also communicated that due to the high sentimental value we would accept the ring as is (i.e. lower value of the stone as communicated to us by Vashi.com).

 

Nevertheless, our statement had been ignored and by contrast, the email dated 20th August was claimed that the centre stone was now of a higher value, and turned to an unjustified demand to pay an additional charge. This seemed even more odd and confusing.

 

Two days later (on Saturday) my fiancée received an email from NH claiming that she had talked to my fiancée previously, which was not true. This person on behalf of Vashi.com openly accused my fiancée of upholding somebody else property (i.e. theft) and demanded that her Engagement ring has to be returned as a matter of urgency. This was shocking, distressful and unfair to my fiancée to read such a statement, considering that it was an Engagement ring gifted from me.

 

We have taken an independent opinion of the ring from a member of the National Association of Jewellers, who visually appraised the centre stone as between 0.5 and 0.6 carat (we purchased 0.62 carat), which made me more certain that I received the ring I ordered and paid for in full.

 

I have communicated the above to Vashi.com. I have also proposed an amicable resolution to have 3 independent visual appraisals carried out by the independent jewellers, who are members of a national professional body to determine the identity and value of the ring. However, Vashi.com ignored my proposition and continued its unjustified demand to pay a disputed additional amount of £1,095.

 

The claimant provided an untrue statement to the court - claiming that they “have heard nothing since 29th September 2015” from me, and therefore left with no choice but to proceed to court (the last paragraph above the Statement of Truth signed and confirming “the facts stated in the claim are true”).

 

The evidence, showing that my recorded delivery letter to Vashi.com with a proposition of the amicable resolution was actually dated 29th September 2015 and signed by Vashi.com on 2nd October 2015. I have had to chase them up for a reply on 21st October 2015 by another recorded delivery letter that signed on 22nd October 2015.

 

The communications from Vashi.com to me and my fiancée all along were contradictory, contained direct unreasonable prejudicial accusations and were unprofessional. The stories of the error have been changed several times by Vashi.com and didn’t add up. The claimed amount has also been inconsistent. As an example - on the claim form to the court there are two different amounts - £1,000.95 and £1,095, which is confusing and once more demonstrate the lack of their internal systems and control and lack of reliability of their statements.

 

Furthermore, it appeared that Vashi.com/Diamond Manufacturers Ltd continuously misleading their customers by providing the document with the purchases that they call a “Diamond Certificate”, that is in fact not a Diamond Certificate but only their opinion of the quality/carats/clarity stated that their examination of the stone “is not a guarantee of any kind” and Vashi.com is “in no case responsible for differences of opinions”.*

 

It also appeared that neither Vashi.com nor Diamond Manufacturers (previous name of Vashi.com) are members of any of the National Association of Jewellers.*

 

I feel that we have been picked on, bullied and discriminated by Vashi.com due to the company’s internal incompetence.

 

The company neglected to provide a duty of care. As a consequence, both I and my fiancée have had lots of stress that lead to insomnia, illness and absence from work.*

 

The way how Vashi.com handled this situation has also completely spoilt the enjoyment of our Engagement, and left the symbol of our engagement (as per our Spiritual believes the engagement ring is a heart and soul of our engagement) tarnished.

Edited by honeybee13
Paras.
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I feel that we have been picked on, bullied and discriminated by Vashi.com due to the company’s internal incompetence.

The company neglected to provide a duty of care. As a consequence, both I and my fiancée have had lots of stress that lead to insomnia, illness and absence from work.*

The way how Vashi.com handled this situation has also completely spoilt the enjoyment of our Engagement, and left the symbol of our engagement (as per our Spiritual believes the engagement ring is a heart and soul of our engagement) tarnished.

 

Be careful when "trying to be all legal".

For example : "The company neglected to provide a duty of care." could shoot yourself in the foot!

You mean to say

"The company owed you a duty of care and have breached that duty"

You don't want to accidentally suggest they don't have a duty of care".

 

How have you been discriminated against, rather than the just making a mistake? What is your protected characteristic that has led to discrimination?

 

You can't recover damages for "stress". You have to focus on damages you might recover as a result, so can you show what times you were off work, the financial loss suffered and how it was a direct and foreseeable consequence of their actions?

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The Judge has asked for both original rings to be brought to court. As part of their court bundle they have a certificate with my name on it to accompany their ring dated 29th February 2016 which was after the Judge asked for the rings, 9 months after I purchased and had the ring altered, my guess is they have just had one made for the court, very iffy.

 

Immediately when the problem occurred we took it to a diamond retailer and he said it looked like the size diamond we had ordered, but couldn't be 100% unless the diamond was taken out of its setting and weighed. The so called diamond certificate/ appraisal that the claimant produced says on it that it is a valuation of the diamond in the setting. We offered in writing to have 3 independent appraisals by a registered diamond expert which was ignored by the company. We asked for their complaints procedure and was again ignored, they have had no dispute resolution system in place and even say in their application to court that we have not communicated with them, which is a lie because we have two recorded delivery letters and emails as proof. They have gone straight to court demanding we pay the additional amount.

 

Confused have you court paperwork and submitted a defence already

Please answer the question asked by HB

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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  • 2 weeks later...

Surprise surprise, the claimant didn't turn up to the Court. The Judge looked at the evidence and the first thing the Judge mentioned was: "this looks like a [problem]" and that I did everything right in defending my position.

 

What would you do? Imagine that you have proposed to your girl and she said yes, but after a week of her having an engagement ring and falling in love with it the company would ask for the ring back or pay an additional money. Would you look like a chump and ask your fiancee to return her engagement ring back or just pay the company to avoid the trouble with going to Court?

 

I wonder if there are any more people experienced the same. If anyone experienced a similar scenario with Vashi.com/ Diamond manufacturers Ltd please share.

 

Furthermore I have discovered that the Diamond Certificate provided by Vashi.com is not worth the paper it is written on. They are misleading their customers who believe that they are buying certified diamonds - this is not true. Check your diamonds and read the small print.

 

Guys when looking for an engagement ring for your loved one ensure that the diamonds are Certified with a reputable company that have GIA Certified Diamonds or similar.

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I hope you asked for costs

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Nice one :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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