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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69535
Experience:  Over 5 years in practice
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last year I left an antique gold with 3 reasonable stones in

Customer Question

last year I left an antique gold with 3 reasonable stones in the band - with a jeweller I asked for a receipt and was told that they did not give receipts. I was silly enough to leave
it with them to be valued for insurances purposes, as I had been a customer of theirs since
they had opened, which must be about 4 or 5 years. It appears that they never give
receipts for jewellery that is being valued. I must add that after I left the ring with them
I was ill and we had the house up for sale, people coming in to view - it went right out of
my mind, until I went at the beginning of the year to collect it. I was told they did not have
the ring and had never had it!! I know definitely that they did. This has happened before
I left a gold bracelet for them to sell, they said they did not know anything about it until
my husband went to have a word with them, the owner gave him £200....
Is this common practice for jewellers not to give receipts.
One other thing our town has a large number of retired ladies who in my opinion could be
vunerable to this trading practice. I have gone to Fair Trading and they don't want to know.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What are you hoping to achieve ?
Customer: replied 2 years ago.

I want my ring back - he has probably sold it on by now.

Customer: replied 2 years ago.

My ring back and the jeweller taken in hand and told he should be


issuing receipts for items in his care.

Expert:  Jo C. replied 2 years ago.
Thanks.

No, it is not at all common and in fact, I would say that it was extremely unusual.

It is in the jeweller's best interest to give a receipt with a description of the item to protect him as much as it is to protect you.

If you decided to sue the jeweller in the Small Claims Court for the value of the item he may well just settle to avoid the time of litigation.

If he does decide to go to court however, the judge will decide the matter on the balance of probabilities, and it would be for the judge to decide whether he preferred your version of events, that you did indeed give the jeweller the item or preferred the jeweller's version of events that you did not.

I suspect that if this goes to court, the jeweller will say that he always gives receipts because it is normal custom and practice, and that it would be stupid not to do so and the reason you have no receipt because you never gave in the item!!

What you are going to need therefore is some kind of proof that you can come up with to discredit that statement to prove that he does not give receipts for item taken in for insurance valuation and that he is lying.

If this goes to court and he says they always give receipts and you have some proof whereby you can prove that he is not telling the truth, you are likely to win your claim. You need something to swing the balance in your favour.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69535
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have a friend who took an antique necklace that belonged to her deceased mother - for repair and he managed to loose it, she went


ballistic, in the end her husband had to go in and sort the man out and he


gave her husband money, like he did to my husband in connection with


the gold bracelet he was supposed to be selling for me.


 


When I brought the ring in only his wife was there - she just took the ring


and dashed out to the back of the shop, while shouting over her shoulder that they did not give receipts - I was left standing there, so I left. I am now wondering where my brains were!!!! As I say I had been a regular customer with them, I cannot believe that they would


carry on business like this. T.S. told me it was not required to give me


a receipt, I cannot believe this. I asked another local jeweller if this


was common practice - he said as far as he was concerned all customers got a receipt in his shop. It does leave people very vunerable when you actually trust people to trade fairly.


 

Expert:  Jo C. replied 2 years ago.
Thanks.

I agree with you.

Based upon what you have told me, he will say that he always gives receipts and your claim will fail if you issue court proceedings.

Trading standards are absolutely correct, there is no requirement to give receipts but it is good practice.

You have two options. Either write the money off or sue in the hope he would settle.

If he contests it then it would be irresponsible of me to tell you that you have a good chance of success.

I'm very sorry.
Jo C., Barrister
Category: Law
Satisfied Customers: 69535
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 2 years ago.

Jo - thank you for your help. I do think the law should be changed so


jewellers are obliged to give receipts because not doing so leaves a


very wide margin for abuse towards customers.


 


Also what is the point of having "Trading Standards" there in the first


place. I was disappointed with the help that I got from T.S. - in a nut


shell not a lot.


 


Again thank you for your help.


 

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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