H.Samuel - Designed Engagement Ring - Main Gemstone Coming Loose - Paid by CC

[Tillylola]

Looking for some help and advice please.

My fiancé purchased an engagement ring from H Samuel on the 8th May 2023. He opted for their design service as I love rainbow moonstones and diamonds, and he wanted it to be unique. He collected the ring on 20th June 2023, the cost was £1626.00

Shortly after, he proposed and I began wearing the ring. Within a matter of weeks, I noticed the main stone had fallen out. I was devastated. We took it back to the H Samuel store and was told that they would send it back to the people who made the ring, for their advice. If they felt it was damaged by me, we would need to pay for the repair. I was horrified as I had only worn it for a few weeks and had done nothing, that could be considered damaging it! I pointed out that this was an engagement ring and they had known this all along. An engagement ring needs to be robust as it is meant to be worn all the time.

They took the ring from me and sent it away. They had it for over a month and then came back to me to say they would repair it free of charge on this occasion. When I collected the ring, they had replaced the original moonstone with one which was completely different. It really didn't look very attractive at all. A plain white stone with no colour and resembled a lump of plastic. I was so upset. 

I told them I was unhappy with the look of the stone and it wasn't what we had wanted when we had the ring designed. They took it back and after another month, contacted me to say I could collect it. They had replaced the stone and the ring looked a lot better.

I began wearing it again, but after a few weeks I noticed the stone was loose again. I had to take the ring off because i was frightened of losing the stone again and have not been able to wear it since.

 

I contacted H Samuel again, but this time requested a refund. The ring is clearly not fit for purpose as it can not be worn for more than a few weeks without the stone coming loose or falling out.

The manager said that it was my fault as I had damaged the ring and they were unable to do anything else. There was no damage to the ring and this seemed to me to be just a way of avoiding doing anything.

I took the ring to an independent jeweller who told me that the design was flawed and they agreed the ring wasn't fit for purpose as an engagement ring. The jeweller put that in writing for me and also confirmed that there was no sign of any damage that could account for the stone coming loose.

I sent an email to the manager of H Samuels, attached the email from the jeweller and several pictures of the ring, showing that the stone had come lose again. I requested a refund as I has given them ample opportunity to fix the ring but it was not fit for purpose and could not be worn with confidence.

He responded by saying they wanted to take the ring back to assess it. I replied that they had already had it twice and I do not believe they could do an impartial report on their own work. I suggested that if they were not prepared to accept the word of the jeweller I had already seen, we could agree upon another independent jeweller and have another report done, which we would agree to abide by the findings.

He completely ignored this suggestion and has not given me a refund.

 

Getting engaged should have been one of the most special times of our live, but H Samuel have completely ruined it. We have both been through so much hurt and upset over this and just want our money back, so we can buy a ring that I can actually wear. I seem to be going around in circles here and it is clear, they don't care and do not intend to help.

I am just looking for advice on what to do next please?

 

[Homer67]

How did your fiancé pay for the ring?

[dx100uk]

send a letter of claim. giving 14 days before you launch a court claim for the whole sum on day 15.

your claim will be under your consumer rights as not fit for purpose and following the one repair they are allowed to do outside of 30days since purchase, it's still unfit for purpose.

though i would delay this until you are familiar with all the court claim process and understand that you must start your claim regardless on day 15..dont bluff.

dx 

[Tillylola]

Credit Card

[dx100uk]

then that put you in quite a strong position

as under section 75 of the consumer credit act the card provider is equally liable.

try that first

 

[lolerz]

Get in touch with the credit card company as they're equally liable under Section 75 of the Consumer Credit Act.

Let them know that you wish to make a claim for a full refund under Section 75 bla bla bla.

Explain the response you've had from the retailer and provide the independent report you've had in their claim.

Be best to do this before doing any court action (it also gives you time to read up on the court processes) because if you were to make a claim you would claim against both the retailer and the credit card company.



 

[lolerz]

Topic Title Updated.

[dx100uk]

but please comeback and let us know the outcome 

too many people vanish and never resolve their threads.

dx

 

[Tillylola]

Will do x

[jk2054]

FOR IF AND ONLY IT GETS TO A COURT CLAIM

I've actually watched two small claims for basically an indentical situation (part of my familiarisation visit months ago). 

You need to have an expert or independent jewllers report that states that the fault is with the ring manufacutiring and not becuase you damaged it.

Otherwise if they raise the argument that it was damaged after use, if theres no report from either of you then going off what I saw from 2 seperate district judges  both were told to go away and get it and come back.

Make sure you have one is the one thing I'd say otherwise I assume you'd get teh same

[dx100uk]

12 hours ago, Tillylola said:

I took the ring to an independent jeweller who told me that the design was flawed and they agreed the ring wasn't fit for purpose as an engagement ring. The jeweller put that in writing for me and also confirmed that there was no sign of any damage that could account for the stone coming loose.

thats perfect all you will ever need.

dx

 

[Tillylola]

That's what we thought, but the store manager is inferring that, as the jeweller we used was not a member of the NJA, no one would give what he said, any credence.

The Jeweller we used is in fact, a long established, well respected company, with 2 store and rather than just being a retailer, they craft the most exquisite jewellery inhouse! 

I wish my Fiancé would have bought from them rather than H Samuel!

Do you think we do need to get another report from and NJA accredited Jeweller ?

[Homer67]

No, do the section 75 chargeback to your credit card provider.

[dx100uk]

you do not need a sep accredited jewellers report..how stupid.

stop believing things someone says face to face that they would never put in writing.

the judge would eat them for breakfast if they did,

dx

 

[Tillylola]

3 hours ago, Homer67 said:

No, do the section 75 chargeback to your credit card provider.

I am  unfamiliar with dealing with anything like this and quite a bit of confusing information on the internet. Never even used a forum before!

Can you tell me how best to do the Section 75 ? Do I do it through my bank or directly through Mastercard?

Also, hard copy recorded delivery or online?

Does it matter that because of all the time this ring has been going back and forward from me to H Samuel, it has been nearly 12 months since we purchased it ?

Also, last thing ( I think) Is there a difference between a section 75 claim and a chargeback claim?

 

Edited April 23 by Tillylola

[jk2054]

1 minute ago, Tillylola said:

 

Can you tell me how best to do the Section 75 ? Do I do it through my bank or directly through Mastercard?

 

Through your bank

1 minute ago, Tillylola said:

Also, hard copy recorded delivery or online?

What hard copy or online sorry?

1 minute ago, Tillylola said:

Also, last thing ( I think) Is there a difference between a section 75 claim and a chargeback claim?

Yes, chargeback has a 120 day limit though so you may be out of time.

Chargeback is where your bank gets the funds from the merchant

S75 is where your bank refunds you then decides to go after merchant or not

[Tillylola]

If i did it through the bank, they seem to have an online form.

I wondered if this is the best way or to do a letter, add supporting documents and send them through the post, recorded delivery  ?

[dx100uk]

use the webform

if it allows you to attach your evidential documents then do so but do that later

depending upon who your bank is.... - but i suspect you will be referred to Mastercard.

who is your bank?

dx

 

 

[Tillylola]

Natwest

[dx100uk]

just type no need to keep hitting quote.

Natwest dont usually mess around.

dx

 

[Tillylola]

Thanks Dx. Still finding my way around this forum thing. Cant tell you how grateful I am for all the help.

Just submitted the 75 to Natwest. Fingers crossed.

[Tillylola]

Just received a response from Natwest saying that they can nit help because it is not within the timescales.  

[lolerz]

Load of old tosh.

Think they're getting confused with a chargeback, there is NO time limit on a Section 75 claim.

It was definitely a CREDIT card, not a DEBIT card, right?

[Tillylola]

Yes, It was a credit card.

[lolerz]

Formal Complaint to NatWest then.

They've failed to meet their statutory obligations in regards to Section 75 of the Consumer Credit Act 1974.

It might also be worth calling NatWest and stressing that it needs to be raised as a Section 75 claim and not a chargeback.