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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a diamond solitaire ring on an on line auction

Resolved Question:

I bought a diamond solitaire ring on an on line auction site, Clowes Nash, which was described as 4.61 ct for the hammer price of £4000, plus buyers premium and VAT with a total price paid of £5712. My receipt is dated 29th July 2016.
I have taken this ring to a jeweller for a valuation for insurance purposes. The jeweller reports that this ring is fracture filled and therefore not worth this price. He also states that this should have been disclosed to the consumer at the time of sale.
I have telephoned the auction site, Clowes Nash, who refused to pay a refund and suggested they put it back into their auction.
Do I have the right to claim a refund?
Edmund Carley
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help,you.

Did they know that it was faulty please?

Alex

Customer: replied 1 year ago.
During my telephone call with Clowes Nash they stated that they had weighed the diamond but they did not realise it was faulty. The jeweller we asked to do the valuation has suggested we could send the ring for analysis at a laboratory. Clowes Nash's website displays that they frequently sell diamonds/watches etc. The jeweller feels that they should have these items examined by a gemologist. Do I have the right to claim my money back within the 30 day period? Clowes Nash say as an trade auction house they are not covered by the Consumer Rights Act. Is this correct please?
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Thank you for this information. Are Clowes Nash correct in their claim that they are not covered by the Consumer Rights Act?
Expert:  Ash replied 1 year ago.

Not quite.

11 Goods to be as described

(1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

(2) If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.

(3) A supply of goods is not prevented from being a supply by description just because—

(a) the goods are exposed for supply, and

(b) they are selected by the consumer.

(4) Any information that is provided by the trader about the goods and is information mentioned in paragraph

(a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

(5) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(6) See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.

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