Jeweller fails to repair engagement ring and will not return ring

[soke58]

Hello - We are dealing with a local Jeweller who does repairs.  I took my old engagement ring in as it had broke, paid over £150 to repair which he did.  A week later it broke in a weak spot created by the Jeweller.  So we took the ring back - that was over 2 months ago.  We are not dealing with the repairer because according to the member of staff he has been off sick and in hospital.  So we asked for the ring back not matter what condition.  They said they have a policy that says if it is not in the condition to give back then they do not give the property back until it has been corrected.  We have given up and just want our property back no matter what, we think they are having financial difficulty and are about to go out of business.  What are our rights?  The guy in the shop says he doesn't know where the ring is as the repairer has not got a good filing system.  Please advise.  thanks

[BankFodder]

You may have to sue them in the tort of conversion. This will be quite simple but the only difficulty might be that you presumably want ringback rather than compensation.

Please can you tell us the name of the jeweller. You may be very right to be concerned. Are you able to find out the name of the repairer?

[soke58]

Hello - I know the shop is in difficulties.  Can we call the police?  We thought it would count as theft.  thanks

 

[BankFodder]

I would certainly contact the police – but on what you say, it doesn't count as theft and I can imagine that the police will try to say that it is a civil matter.. It will be helpful if you would a dress the questions I have put in my earlier post.

[soke58]

Im sure i can get the name of the Jeweller - but do I want to name and shame on this portal.  thanks

 

[BankFodder]

There is no disadvantage to you if you name the parties involved. It may help to put pressure on them, it may protect others in the same boat, it may produce somebody else to give further information about them and it may allow us to do one or two checks on them.

It's a bit tiring to play cat and mouse here.

[soke58]

The shop is called Studio 55 in Biggleswade, Bedfordshire

[BankFodder]

Thank you. Doesn't look too promising https://www.google.com/search?ei=HGxBXYX2BdeLjLsPmNymoAE&q=studio+55+biggleswade&oq=studio+55+biggleswade&gs_l=psy-ab.3..0.8812.12274..12667...0.0..0.61.625.12......0....1..gws-wiz.......0i22i30.ST8J_p_yLt4&ved=0ahUKEwiF9P6e-N7jAhXXBWMBHRiuCRQQ4dUDCAo&uact=5#lrd=0x4877cc3fcfbabd65:0x2ab063220286e692,1,,,

 

You say you know who the repairer is – is that correct? Is he part of the business or is he some independent contractor?

You say that you know that the business is in trouble. How do you know this?

What would you say is the value of the ring – actual value – and sentimental value to you? Would you be satisfied to have an award of damages rather than the return of the ring?

[soke58]

Hello, it is my original engagement ring, the value is not much at all.  The reason I went to him was because about 3 years ago he put in saphire for me and I was happy with that.  The guy in the shop says the repairer is going through lots of difficulties in his life, the latest being he was beaten up.  Whilst I feel sorry for him - I just want my ring back, even if it is broken.  So far am down £150 - I would like that money back but I dont think that is going to happen, how would I get an award of damages?  I dont think they have any money.

[BankFodder]

Well you can either sue for the return of the ring or you can sue for damages to the value of the ring. When assessing the value of the ring, you would be required to state the replacement value – but also if you are able to argue that the ring had a special meaning to then you would be able to put in a claim for that special value as well.

If they don't have any money – then presumably they still have the ring and if the ring is your original engagement ring then presumably it has a special value which would not easily be replaced simply by a money award.

You haven't told is whether the repairer is part of the business or acting independently. Also, if the repairer is in hospital – do you know where he is? I suppose it is possible that the whole thing could be sorted out by means of a nice little visit including some flowers and grapes to the hospital and to ask him where the ring is and if he can return it to you. It might be a good idea to try and avoid a legal conflict.

We can certainly advise you on bringing a claim in the County Court – but these things are never hugely straightforward.

Are you still on speaking terms with the jewellers and you think they might give you the details of the repairer? If you happen to know the repairer is named then if you are in a place where there is only one major hospital then maybe the repairer is there and you might be able to track down and visit

[Peterbard]

If you want to pursue the civil action route and you want a solicitor.

 

We had a similar problem some years ago. In the end I used the free legal cover on the house policy to commence civil proceeding for us, breach of bailment, contract etc.

They had lost the item and we secured an instalment payment for the value. I know it does not cover the sentimental value but worth examining your policy.,

 

Some times all you need is a solicitors letter.

[BankFodder]

We understand that the business is in trouble but we don't know to what extent it is in trouble. If the business is on the verge of folding then going through a solicitor et cetera will be far too time-consuming.

The action you would need to bring in any event would be for the tort of conversion if you want the ring back

[Peterbard]

Hmm, I think you are using the wrong sol. With respect, mine took 20 minutes, did it whilst I was there about £15 if I  remember right.

Not convertion surely , I wont post the definitions up, they are all over, You would require intent.

 

Bailment just means that goods were taken by consent (held in posesion)but not returned, whatever the reason.

[king12345]

You are at risk of losing ring and money.

If they are going out of business you need to move very quickly. 

Go to the shop, do not move from the counter and demand your ring back.

Let them call the police if they want, or call them yourself. 

When they show up they will try to tell you that it's a civil matter, it's not.

Tell them that they have told you they're going out of business and holding on to all jewellery.

Also tell them the ring is in the shop.

Hopefully the police will take this seriously and the ring will magically be found.

[Peterbard]

https://beta.companieshouse.gov.uk/company/09484630/officers

 

 

Hmm

[soke58]

Wow thanks for your comment Dodgeball, interesting, the plot thickens.  

[king12345]

Please note:

Company status

Active — Active proposal to strike off

 

You must move quickly or you'll lose your ring.

Print the company status from companies house and follow my advice on post #14

[soke58]

I think this is a good move, sadly hate confrontation - it seems so unnecessary.  They haven't actually said they are going out of business.  But we have the documentation from companies house.  eeeekkk - thanks everyone 

[Peterbard]

You would end up getting yourself arrested for BOTP anyway. I know flippin barmy isn't it?

[king12345]

What breach of the peace?

Op don't cause a riot.

Just stand your ground and politely, firmly and relentlessly demand your ring back.

At third refusal call police and show documentation that they're going out of business. 

Also insist on the fact that they want to keep jewellery because once the ltd company folds, nobody would be responsible. 

That is theft or fraud, a good police officer would find the best fit, and a better one will talk the guy into giving you back the ring.

No shouting,  no hitting, just assert your right to your property.

Another way would be available and much more effective,  but we're not allowed to suggest it on an open forum.

[Peterbard]

and when the proprietor asks you"politely" to leave?

 

Its not fraud.

[king12345]

It is fraud or theft, read the acts and fit the bill as police should do instead of claiming "civil matter".

By your interpretation I can open a jewellery repair shop on a ltd company,  take as many jewels as possible and than close down and it would be perfectly legal.

No my dear, it's not. 

The ring belongs to the op and must be returned. 

From the theft act: 

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

 

From the fraud act:

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

 

[soke58]

Just to update you all, using the post earlier that sent us to a link to companies house page  - about the owner.  My husband sent a text message to the guy who works in the shop, who is sadly fending everyone off, quoting the owners name and address as posted on companies house page.  Saying that we would be taking appropriate action "tort of conversion" through a solicitor.  Who should phone today but the Jeweller himself to say that my ring has been sent to London for a certain procedure (not relevant to this post) and that we should have the ring back next friday.  We will delay action until then.  Many thanks all for your posts.  This forum has been most helpful and I really appreciate it.  Watch this space.....

[king12345]

By next friday they will be shut possibly.

Move now.

They couldn't care less about a civol claim: it's a Ltd company about to close down.

[ericsbrother]

I bet they didnt say were in London.

try looking up a company called LSJ, ( laser surgery for jewellery) they are based in 43 Kirby St, Hatton Garden and do most of the trade laser build up, etc and woud be able to at least tell you whether they have anything belonging to Studio 55 or RL associates or any named individual and then you can get them to hold on to the ring rather than return it to the individual or shop until you sort out the return directly to yourself.