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  • FIRST POST
    • Ross80
    • By Ross80 8th Oct 16, 5:06 PM
    • 2Posts
    • 0Thanks
    Ross80
    Pre-owned return
    • #1
    • 8th Oct 16, 5:06 PM
    Pre-owned return 8th Oct 16 at 5:06 PM
    Hi

    I have a question that I'm hoping I can get some help with.

    I bought a pre-owned watch recently from Chisholm Hunter (a Rolex GMT), costing around £4950. At the time of purchase it was agreed that the clasp would be changed as it was slightly bent. I also pointed out that the bezel was slightly off (the bezel is ment to turn but sat between "clicks" instead of lining up with every second). The shop assistant said that is a small issue and their techs would be able to move it round slightly.

    I bought the watch and it went away to be fixed. Came back with the clasp untouched and the bezel lined up better but feeling very stiff. They sent the watch back to have the clasp changed after the shop assistant apologised for it not being done. When it returned to the shop the watch had been changed but the bezel now turned without any "click" at all (it felt completely wrong), even though they hadn't been asked to look at the bezel this time.

    I said that the watch obviously had an underlying bezel issue that I had not been fully made aware of and I wanted my money back so I could find another watch somewhere else. They refused to give my money back and offered to replace it with a like for like. I agreed that I would let them swap it if there was a satusfactory replacement.

    They found a watch exactly the same age and condition but £1,000 more expensive which they said it because the market price had increased due to a change in the lineup. I said that surely this means the value of my watch has also risen and therefore it's a suitable like for like replacement but they said if I want that one I'll have to pay the difference.

    So now I've got a broken watch that they never told me was broken, they won't give my money back and if I want one the same as they sold me I have to pay them £1,000 extra. Oh, and I've only physically had the watch for around two weeks since I bought it two months ago.

    Thank you for any advice in advance!
Page 1
    • wealdroam
    • By wealdroam 8th Oct 16, 5:33 PM
    • 17,422 Posts
    • 14,000 Thanks
    wealdroam
    • #2
    • 8th Oct 16, 5:33 PM
    • #2
    • 8th Oct 16, 5:33 PM
    Hi

    I have a question that I'm hoping I can get some help with.

    I bought a pre-owned watch recently from Chisholm Hunter (a Rolex GMT), costing around £4950. At the time of purchase it was agreed that the clasp would be changed as it was slightly bent. I also pointed out that the bezel was slightly off (the bezel is ment to turn but sat between "clicks" instead of lining up with every second). The shop assistant said that is a small issue and their techs would be able to move it round slightly.

    I bought the watch and it went away to be fixed. Came back with the clasp untouched and the bezel lined up better but feeling very stiff. They sent the watch back to have the clasp changed after the shop assistant apologised for it not being done. When it returned to the shop the watch had been changed but the bezel now turned without any "click" at all (it felt completely wrong), even though they hadn't been asked to look at the bezel this time.

    I said that the watch obviously had an underlying bezel issue that I had not been fully made aware of and I wanted my money back so I could find another watch somewhere else. They refused to give my money back and offered to replace it with a like for like. I agreed that I would let them swap it if there was a satusfactory replacement.

    They found a watch exactly the same age and condition but £1,000 more expensive which they said it because the market price had increased due to a change in the lineup. I said that surely this means the value of my watch has also risen and therefore it's a suitable like for like replacement but they said if I want that one I'll have to pay the difference.

    So now I've got a broken watch that they never told me was broken, they won't give my money back and if I want one the same as they sold me I have to pay them £1,000 extra. Oh, and I've only physically had the watch for around two weeks since I bought it two months ago.

    Thank you for any advice in advance!
    Originally posted by Ross80
    You have not given us any dates, but it may be worth noting that The Consumer Rights Act may help.

    The CRA allows you thirty days to confirm that the goods conform to contract. If they do not, you can reject the goods for a full refund of all monies paid.

    This may be clouded by your offer to accept a replacement.

    Edited to add:
    Just spotted your last sentence, sorry.
    The 30 days I mentioned starts from the date of delivery.
    Last edited by wealdroam; 08-10-2016 at 5:35 PM.
    • mije1983
    • By mije1983 8th Oct 16, 5:41 PM
    • 2,158 Posts
    • 17,245 Thanks
    mije1983
    • #3
    • 8th Oct 16, 5:41 PM
    • #3
    • 8th Oct 16, 5:41 PM
    You should still be able to reject it as they have had an attempt to repair it and have failed. I believe the 1 repair attempt rule that was brought in under the CRA applies even if it is a different issue that has appeared.

    • unholyangel
    • By unholyangel 8th Oct 16, 5:42 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    • #4
    • 8th Oct 16, 5:42 PM
    • #4
    • 8th Oct 16, 5:42 PM
    Have you just asked for the refund the once? Who said they werent giving one? Shop staff of the manager?


    If just the shop floor staff, I'd try asking to speak to a manager. If the manager has also refused, send them a letter before action. You purchased goods on x date, they dont conform to contract they have tried to repair and replace so now you are requesting a refund.
    Money doesn't solve poverty.....it creates it.
    • unholyangel
    • By unholyangel 8th Oct 16, 5:47 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    • #5
    • 8th Oct 16, 5:47 PM
    • #5
    • 8th Oct 16, 5:47 PM
    You have not given us any dates, but it may be worth noting that The Consumer Rights Act may help.

    The CRA allows you thirty days to confirm that the goods conform to contract. If they do not, you can reject the goods for a full refund of all monies paid.

    This may be clouded by your offer to accept a replacement.

    Edited to add:
    Just spotted your last sentence, sorry.
    The 30 days I mentioned starts from the date of delivery.
    Originally posted by wealdroam


    Just to add on to the above post, the 30 days starts from delivery but it also stops running from the moment you informed them the goods didn't conform. Once they have supplied goods in response to a request for repair/replacement, the clock starts again - either giving you 7 days from when the repaired/replacement goods were supplied or the remainder of the 30 day period (whichever is longer).

    ETA: The point of the above is that you may still be within the 30 day period for the short term right to reject. But as above, moot point as you have the right to reject if the trader has had one attempt to repair or replace and the goods still fail to conform to contract.
    Last edited by unholyangel; 08-10-2016 at 5:56 PM.
    Money doesn't solve poverty.....it creates it.
    • Ross80
    • By Ross80 8th Oct 16, 7:25 PM
    • 2 Posts
    • 0 Thanks
    Ross80
    • #6
    • 8th Oct 16, 7:25 PM
    • #6
    • 8th Oct 16, 7:25 PM
    Thanks for the replies. I bought the watch early August, the watch was initially sent away a week after I bought it and it was totally wrong after it came back the second time in early September.

    Would it be wise to write to head office? Or is there any other options? Thanks
    • Computersaysno
    • By Computersaysno 11th Oct 16, 12:09 PM
    • 728 Posts
    • 541 Thanks
    Computersaysno
    • #7
    • 11th Oct 16, 12:09 PM
    • #7
    • 11th Oct 16, 12:09 PM
    1. Write to head office....might work [but probably not]


    How did you pay??
    2. Debit card....ask for a chargeback [might be out of time]


    3. Credit card....ask for chargeback [[then insist upon a Section 74 refund...cc co is jointly liable]


    4. Send shop letter before action [google it].


    5. Then issue court papers.....


    Personal experience has shown me that number 5 [but do number 4 first as you have to] is by far the best way of 'getting a company's complete and undivided attention'!!!
    Welcome to the world of 'Protect the brand at the cost of free speech'
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