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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Do you actually have a replacement watch?
no i dont
Did you have any sort of contract or agreement with the jeweller over this?
i have a receipt
which acknowledges they took in the goods
it says goods handed over
and then "Service Perrelet"
which is the brand
there are no terms and conditions
so i think that qualifies as a contract
but not 100% sure
ok so just to clarify - you have been sent a watch but believe it is not the one that you initially submitted for repair?
and i cant prove it
and what happened to that watch?
but i think they have likely lost the whole watch
as everything is brand new
i had a leather strap which was quite aged
and there were a few scratches from wear and tear
they have sent back multiple versionsof the watch
they think i sent it in
but everytime a its a new watch, and b its not got the right face setting
so have you returned these replacements to them?
yes i have
Why do you not want a replacement, if it is more or less the same watch and of the same value?
i dont like any of the replacements they have offered me
and there is some sentimental value
as the watch was a combined gift from a number of family members
Yu are correct that the jewellers owed you a duty of care in this situation because you entrusted them with the watch and they should have returned it to you in the condition you left it with them, subject to any repairs that needed doing. If they have failed to return the original watch then that could amount to negligence and you could consider pursuing this through the county court to seek compensation, which you have already done.
The correct party would be the jewellers as they are the ones you dealt with and they are the ones that took possession of the watch and agreed to facilitate the repairs. They may have sent it to someone else for the repairs but the legal contract would still be between you and them. They would owe you a duty of care and in turn they can pursue whoever actually lost it but as far as you are concerned the jewellers are the ones you would be pursuing.
great, one last question, as the repairs were intended to have been carried out under a warranty does that alter whether they owe me a duty of care? The jewlers solicitors have sent me a letter saying effectively they are conduit and that i have begun proceedings against the wrong party
that depends, for example if you knew that they were simply acting as an agent and that was made clear to you then they could be right but there is nothing stopping you from asking the court to amend your statement of claim and simply add another party as the defendant, then you would be making the claim against both the jewellers and whoever made the repairs, with the court deciding who should bear the legal liability over this
k, and what happens if the original manfucaturer is based in switzerland? Can i add a party that is not here in the UK
you can but that gets a bit more complex and enforcing any court judgment against them abroad would be quite difficult and expensive
what would be your honest advice here?
should i proceed or would you think i should attempt to settle in some way with them ?
You could still proceed - the small claims court is a relatively risk-free venue to pursue such matters and the worst that could happen is that you don't get back your court fees and the court decides this was not a valid claim against the jewellers and that the claim is struck out. Then you have to reconsider your options and perhaps approach the manufacturer to try and resolve this with them
k, and can the defendents solicitor claim costs against me in that case?
that is rare in small claims court cases and they will also be capped. It only really happens in serious cases where you are considered a hostile claimant or act in a vexatious manner but if you are just pursuing a genuine claim that you believe you have then costs would rarely be awarded against you
appreciate the advice
thats all i need
you are most welcome, all the ebst