Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you provide some more information as to why he is behaving in this way? Also, what are you ideally hoping for so that I can advise?
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Thank you. Obviously you will have the right to get the stone and the deposit back at some point. The issue is when. At this stage the jeweller has been instructed to make a ring and they will have a legal duty to finish this work with a reasonable time, unless a specific timeframe was agreed between you. So if no set timeframe was agreed you would expect him to take whatever a reasonable period is considering the nature of the work. If there start to be unreasonable delays you can contact him to say that you have to set a specific deadline for the work to be complete or get your stone and deposit back. If he then refuses to hand these back to you, it is possible to consider pursuing him further for what you are owed. This can be done in the county court as you will have the right to do so.
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Thank you. Obviously the ideal outcome would be to get the stone back and the deposit. However, in the event that the stone is no longer there, for example lost, stolen or basically no longer in his possession, you can proceed with seeking compensation for its value.
If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:
1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.
As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.