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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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I put my Delmar dress watch into timpsons for a new battery

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I put my Delmar dress watch into timpsons for a new battery in june2013, I returned later the same day to pick up my watch only to find the face glass broken by their man when putting the back on the watch. it transpires the watch is beyond repair as the glass sat on the watch, with no bezel. the watch originally went timpsons workshop in Wolverhampton where they found out from Delmar, Switzerland that it could not be repaired. I insisted the watch be sent to Harrods watch dept for valuation as this is where my husband bought the watch in 1989, for approx. £500.00. Harrods reported that due to the condition of the watch when they received, they could not value the item. This was primarily due to the watch being sent to Harrods in pieces,strap & rim, back plate and works all separate pieces. I eventually received the watch back around the end of April, beginning of May, some 10 to 11 months after first handing it to timpsons for a new battery. The watch was in mint condition, kept in its original presentation box with the Delmar guarantee card, stamped 1989, inside. The watch was only worn on special occasions hence the great condition. As it cannot now be valued properly we visited a number of jewellers, explained the situation (without naming names) and were informed universally that a watch like that,purchased for £500.00 25 years ago would be around £5000.00 today, 10 times the price. timpsons had already stated they would compensate me for the loss but wanted a claim form filled in & the receipt of purchase, but we pointed out that after 25 years we do not have the receipt,nor do we know of anyone who would still have receipt after so long. I filled out the claim form and claimed £5000.00 compensation. Timpsons in response have sent me a cheque for £500.00, with a cover letter stating this is not an offer but full and final settlement of the matter. No discussion, no offer counteroffer, that's it like it or lump it. I have no chance of replacing this watch like for like, especially given that the amount they have sent is the price my husband paid 25 years ago. where do I stand please
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you should accept that sum?
Customer: replied 3 years ago.

not really as I think this derisory given that to in todays terms the same watch would be in the region of £5000.00. I need to know how to proceed given that they have stated full & final settlement without any discussion from the time I submited the claim form apart from one phone call where the timpsons customer service advisor told me her bosses would throw her out the door if she just issued a cheque for £5000.00. The cheque arrived without any preamble, basically there you are, that's it, now go away.

Yes, its a full and final settlement offer. If you accept it then that will be the end of the claim.
If you are not willing to accept that sum then do not cash the cheque. Its no more complicated than that really.
Clearly they are not willing to offer the sum you claim so the only option is to sue them. But if you accept this sum then that will not be possible.
Can I clarify anything for you?
Customer: replied 3 years ago.

I realise that but given the sum I am claiming can I go through small claims or is the sum to big for that, do I need to employ a solicitor, as I have never sued anyone before how do I proceed

No, its a small claims court sum. The sums were increased a few years ago to £10,000.
You don't have to use a solicitor and you won't be able to claim the costs back so self representing will be fine.
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