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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I had purchased an engagement ring abroad and we put the ring

Resolved Question:

I had purchased an engagement ring abroad and we put the ring into a jeweler shop back in the UK to be valued and re-sized. The jeweler is saying he has lost the ring and is offering a replacement, but this has left a very sour taste for us and we do not want this jeweler to supply a ring as this in our opinion is ruining the sentiment of the occasion/ring. I have told him I want cash compensation to the value of the ring instead so I may go through the process again of having another one made elsewhere. The jeweler is saying he cannot offer cash compensation, only another ring. I am not satisfied with that, where do I stand legally?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You are not obliged to accept a substitute ring. You would be entitled, if anything, to monetary compensation.

tdlawyer :

Do you know what happened to the ring, how it "got lost"?

Customer:

Thanks, XXXXX XXXXX is insisting his insurance does not cover monetary refunds, which I have told him is not of my concern, he has admitted liability and apologised. But we do not want a ring from him. I don't trust them anymore.

tdlawyer :

You're absolutely right - his insurance is not your issue,

Customer:

Unbelievably the jeweler reckons it has ended up in the bin!! i asked him to contact the police but he is insistant none of his staff would steal a customers jewelry

Customer:

this has really ruined a big occasion for us, I bought the ring in singapore and it was stunning

tdlawyer :

Okay. Then you're entitled to monetary compensation, but the difficulty with these things is "how much". It's value is sentimental, and normally, you can't claim for sentimental loss (as such).

tdlawyer :

You can only normally claim for the replacement product.

Customer:

I did have suspicions of a scam, although obviously I can't say that to them, where the insurance pays to the valuation of the ring, then they replace with another made by themselves at a lesser cost.

tdlawyer :

However, for something like this, I believe you can claim for loss of amenity, which is loss of something intangible and valuable, such as the sentimental value, but how much that is worth is difficult to say. It could be c. £2,000 to £5,000 for an engagement ring I would have thought.

Customer:

I would be entirely satisfied if he paid me the valuation of the ring, which they obviously did before sending to the workshop for re-sizing. FYI it was manifested on the package to the workshop but wasn't in the envolope when it reached there. The ring has been valued at 6K

Customer:

...but any additional compensation would be welcome

tdlawyer :

Yes, you should be able to get compensation for the ring's physical value and it's sentimental value.

Customer:

what is my next step then?

tdlawyer :

Do a letter to them saying how much you want. If you pursue less than £10k overall, then you could just issue a claim online at www.moneyclaim.gov.uk.

tdlawyer :

You can suss this service for more valuable claims, but you'r outside of the small claims system them, and I would encourage you to get a lawyer involved as there would be a costs risk to you.

Customer:

what would be a sensible claim for such an item valued at 6k with the sentiment attached, also for me to replace this I would have to return to singapore, twice. once to place the order and once more to collect

tdlawyer :

Well, personally, I'd probably for for £10k, but that's the problem with sentimental things, everybody puts their own value to it, but in truth, they're priceless.

Customer:

ok so first i tell them how much i want in writing, then if they disagree, i file a claim online, with no lawyer involved, or should I still go to see a lawyer at home?

tdlawyer :

If you're seeking £10k or more, do it with a solicitor.

Customer:

ok, will do, thanks for your advice, you've been really helpful and informative

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