Sent a watch to a watch-mender to get it fixed. - Refund under guarantee? ***Resolved***

[vegetablelasagne]

Hi,

I sent a watch to a watch-mender to get it fixed.

 

When it was returned, unfortunately, it still didn't work.

I returned it to him and after an extremely long time (almost a year of non-communication) I asked for my watch to be returned with a refund so I could get it fixed elsewhere.

He returned it almost immediately but (depressingly) it still isn't working.
He's told me that it's under guarantee, but I don't want to have to send it to him again to get it 'fixed' - all of my trust in him has gone and the watch holds a great deal of sentimentality.

SO.
If the watch is under his guarantee (for a year now) - can I still demand a refund?

Thanks.

[vegetablelasagne]

Hi BF,

 

I paid him £200 to be repaired.

It still isn't working, but it's under guarantee.

I just want my money back.

 

I also have a feeling that he isn't going to reply to my email asking him for a refund - so what do I do? (if I'm entitled to one)

 

Btw - the £200 was saved up over time as my Dad gave me the watch (it was working then) just before he died - it's not like I'm rolling in money - this is a lot of money for a working lone parent.

[vegetablelasagne]

Yes of course:

End of November - sent to be repaired.

Dec - received but not working

Jan - emailed regarding the issue (following christmas).

March - sent to be repaired (following an unexpected house move this end and beginning of lockdown).

Watch received but communication now becomes non-existant.

June - after repeated emails with no response I ask for return of watch and refund.

Early July - the same.

A week later - watch is sent to my old address with email saying it has been repaired.

A week later - I track it down - it's not working - exactly the same issue - sporadic starting and stopping.

 

The £0.00 invoice (under guarantee) gives no information on work done and I wonder if anything has been done at all.

 

I have since asked him (yrsyerday) to give me more info on work done/parts replaced with proof of purchase of any parts and requested fir the third time - a refund.

 

 

 

Does that help?

Thanks.

 

 

 

 

 

*yesterday

[vegetablelasagne]

*yesterday

 

Hi All 

 

He is a sole trader who was recommended by a few enthusiasts on a watch forum.

The watch is/was worth £300 - it's vintage.

 

Yes Manxman - my oringinal post was incorrect - when I went back over my emails - it's been less than a year - feels a lot longer.

 

He's told me that my guarantee runs from June 2020.

 

I just want my money back.

 

I was cinsidering reporting him to trading standards and taking him to the small claims court if I hear nothing.

 

Would this be the right procrss - from what I can make out the small claims court would cost £25?

Edited July 27, 2020 by vegetablelasagne

[vegetablelasagne]

I do have his address - it's where I sent the watch.

I'm actually worried - as he has my adress too though

 

I have thought of naming and shaming him on the forum, but I too - feel uncomfortable with that kind of thing.

 

I sent this to him 2 days ago - have heard nothing:

 

Dear.....

 

Please could you give me further details on the work which was carried out on my watch - parts replaced etc - you mentioned that you were waiting for a part to be delivered on the phone.

Please could you provide more detail on the part and proof of purchase.

Unfortunately, your invoice only states 'Put in order U/G'

 

I am going to get an independent assessment of work done on the watch and it's current state.

 

In the meantime, I am repeating my request for a full money refund which is within my statutory rights.

I think we would both like to move on from this deeply upsetting experience.

 

If you decide against refunding me, I'm afraid I will have no choice but to take legal action. 

[vegetablelasagne]

Thanks for your reply.

 

What is a letter of claim and how do I get one?

[vegetablelasagne]

Hi - as requested, I went to an Horologist to get proof that the watch wasn't working. It isn't working.

I sent him her response today and very shortly afterwards, received this deeply upsetting reply:

 

Quote

 

"In accordance with consumer Law, you were given 14 days to submit your report as of 29^th July2020. That period of time has passed.  I therefore will not be considering your request and this matter is now closed.

                Any further correspondence will be passed to my solicitor and considered Harassment.

Regards Mr XXXXX"

 

 

 

Where on earth do I stand now.

I paid him £200 to fix my watch.

He's failed twice and is now walking away from me entirely?!

In a panic, I stupidly replied asking him to therefore repair it under the guarantee which still stands(?) although in hindsight, the thought of sending my watch back to him again is something I really don't want to do.

Any advice?
Thanks.

 

[vegetablelasagne]

How much does taking legal action - taking him to the small claims court - cost? I read that it was £25 but that sounds too cheap? Is that just for the the initial hearing or something?
Thanks.

[vegetablelasagne]

Thank you - no option then, but to take legal action.

How depressing.

 

Thanks again for your help.

[vegetablelasagne]

Thanks - my main worry is that he knows my address - I'm almost expecting to wake up to slashed tyres if I win the case. 
It's all beginning to really worry me and I'm wondering if I should let it go - but £200 is a *lot* of money to us.

[vegetablelasagne]

I have an inkling that he may be a nutter - why else behave like this?

I'm on my own with a kid and have to weigh it up really...

[vegetablelasagne]

Hi,

 

so on your advice, I'm about to send a Letter of Intent. 

*gulp*

Before I do so - would you mind just scanning the timeline below - that i've summarised (blue text is relating to him).

 

Key Points:
1. I told him the watch wasn't working within a month of receiving it - which I think you've said is vital.

2. Because he didn't receive an independent assessment within 14 days (he got it within 19 days) he refuses to even consider a refund - he quoted Consumer Law here - is this the case?
3. Stupidly, and cornered, I finally asked him to have a look at it again - which he agreed to but said he didn't know when this would be - so I changed my mind and have told him I'm taking legal action as I simply want a refund.

 

I think point 3 will weaken my case against him - what do you think?
Thank you.

 

Edited October 3, 2020 by vegetablelasagne

[vegetablelasagne]

OK - thanks - here goes then - is this OK do you think?

 

LETTER OF INTENT

Dear Mr. XXXX,

 

Quote

 

 

 

[vegetablelasagne]

OK - Help please!

 

It's now been 14 days since he received my letter of intent - it was signed for with his name - the 14 days have passed that I gave him to refund me - I included my bank details - so now I take him to court *gulp*

 

Can I ask - before I fork out more money - what's to stop him from just not paying and ignoring everything I throw at him?

 

Thanks.

[vegetablelasagne]

Thanks Bankfodder - I thought I had to wait until now before registering with MoneyClaim which is what I'll do today.

 

But just to go back to my previous message - what's to stop him from just refusing to pay?

[vegetablelasagne]

OK - feedback received.
I've just issued a claim form via MoneyClaim.

 

Thanks for your help - sorry I didn't  read up on it all.

[vegetablelasagne]

Do you mean attach the claim that was sent to him here for you?

 

In the meantime, I have received - today - a cheque of partial refund - £101.00 - which I'm 'happy' to accept just to end the stress of all this.

 

However, I've now paid the £25 to issue the claim against him - is there any chance of getting this back - or shall I not accept his cheque and proceed on chasing the full amount?

[vegetablelasagne]

Please see attached Claim Form sent yesterday and Letter received this morning with cheque...

[vegetablelasagne]

I did have ample time yes - but it's him who's been stalling (he had the watch for over two months with no correspondence) - I also asked specifically to keep the old strap - and he's billed me for a new one - but maybe that's being picky....

[vegetablelasagne]

That's really helpful BF - thanks so much - I'll get that printed and send it recorded.

Thanks again.

[vegetablelasagne]

Hi - OK, so I feel sick.

 

I wrote to him as you suggested - asking him to cover costs - and have now received this.

We are now writing via email.

 

"On return of these parts ( 1x Balance Staff, 1x Glass, 1x Strap, 1x mainspring and 2x Endstones) I will consider the reimbursement of your monies. As of the 20th November 2020 I am in receipt of your Court papers and will be submitting a counterclaim , plus expenses, should you choose to continue.

                Please advise as to how you wish to proceed in these matters."

Basically, he wants me to take out all of the parts that he's fitted, and return them for a full refund (I'm assuming)
Or to accept the original offer (I'm assuming) of £101 excluding court costs of £25.

[vegetablelasagne]

Yes - my last correspondence with him was offering to pay for the parts (£101) but for him to reimburse me the remaining £99 plus £25 court costs.
I wish I hadn't started this - it's incredibly stressful.

But in the meantime - thanks for sticking with me.

[vegetablelasagne]

I'm just worried about having to foot the bill of escalating costs.....and it's also a matter of principle.

He's in Essex - I'm in Gloucestershire.

Why? Do you think I'm at risk here?

[vegetablelasagne]

Hi both - in answer to your questions Manxman - the watch has great sentimental value - and I am the daughter, I don't know why he thought I was the mother...it's been a string of incompetences on his part.

 

And I did argue the cost. I was willing to pay for the parts he *said* he'd used, but I demanded £134 in the end, which was the total cost, minus parts used and minus the watch strap which I'd specifically asked him not to replace, plus court fees.

 

AMAZINGLY - I received an email from him and because 'he was getting bored of all this' - I received a cheque for that amount, which has just cleared into my account, and so I've cancelled any further proceedings.

I can hear my Dad saying "You go girl!"

 

Thanks for all your help with this - I'm hoping not to wake up one morning with slashed tyres...and hoping to ultimately get the watch working again, but will wait a while.

Thanks again.

[vegetablelasagne]

Thanks BF - just a note - I've been at the receiving end of physical threats during my time on this planet because I asserted myself.

Although it was some time ago - that kind of experience sticks with you and makes you nervous of standing up for yourself - not everything is black and white.

Anyhow - thanks again for your help - and you too - have a good festive period.