H.Samuel damaged my watch

Phatkat

one more thing. Should i leave this watch at the shop until this is sorted, i was just thinking it would negate my arguement if i took it away from the store and then called their head offce as they could then say that it was damaged after collection...

dmg24

I would retrieve the watch, but suggest that both parties photograph it to agree the state of the watch at the time of retrieval. If they refuse to photograph it, try to get this refusal in writing. Also, try to get the date on the photograph you take, a newspaper in the picture will suffice.

As you would be pursuing the case through the small claims channel, you would be taking a civil action. In a civil action, the case is decided on the balance of probabilities, which is a much lower burden of proof than the criminal cases we see on the news.

I do hope that H Samuel would not take it to hearing, but you never know!

Firefox1975

dmg24 wrote: »

I do hope that H Samuel would not take it to hearing, but you never know!

They might if they also believe they have a fair argument!

OP, weigh up all the pros and cons before you proceed with this.

good luck anyway but personally I wouldn't bother.

Phatkat

Thanks dmg24, i will take my camera and a newspaper down when i collect it. Who do i contact to open a civil action?

bluecandy5

dmg24 wrote: »

Oh pants, just wrote a long reply and pressed delete!

To summarise, I agree with reehsetin, if the scratches are significant, then they should have been noted by the assistant prior to being sent off. If they were not, then it is reasonable to assume that they were not there.

Speak to head office, and if no joy follow that conversation with a Letter Before Action, detailing your intention to proceed with a small claims action. Most retailers will settle small amounts at this stage, but if not, you stand a fair chance of winning an action against them.

Unfortunately, H Samuel are not a jeweller, they are a retailer. After my incident with them (many years ago now, I was too young and naive to take it further!), I realised the difference between them and a proper jewellers. I will only use the latter now.

By that understanding you wont be using Ernest Jones, Beaverbrooks, Goldsmiths, Maplin & Webb, watches of Swizterland or Leslie Davis as their all "retailers" as you so wordly put it.

BTW OP, I used to work for HS years ago and we would fight the customer's corner in our store if a watch came back with damages that wern't there before by the workshop.

Did you speak to the manager of the store or the person who booked the watch in from you. Also worthwhile getting in contact with Head office of HS as they will contact the store in question and Seiko workshop.

Go higher if needs be, trust me HO will sort it out.

KeithP

Phatkat wrote: »

Who do i contact to open a civil action?

Look at the Money Claim Online website.

But before starting a claim you need to write to them stating exactly what you expect from them and in what timeframe. E.g. them to agree to replace the glass (if that is what is needed) within 14 days. This letter is known as a letter before action. Google it for many examples.

It is very simple process these days.

WolfSong2000

I used to work for H. Samuel and wouldn't recommend them...mind you, I wouldn't recommend Seiko as a brand, either, but that's beside the point . And for the record, Ernest Jones and leslie Davis are all owned by the same company that owns H. Samuel...in fact, some of E.J's stock is exactly the same as H.S, just with a higher price tag...that part always annoyed me.

Anyhow, assistant should have mentioned on the record before the watch was sent off if there were major scratches, purely to cover their own backsides in case something like this happened...now either you had a new assistant who didn't know this (the training in store can be iffy), or the watch did indeed come back damaged as you say...

Personally, the store I worked in usually packaged the watches well when they were sent off, but accidents do happen. The scratches could have occurred if the watch had been put in a vice for example...it's possible.

I'd definitely chase the store up on the matter...which store is it out of interest (merely curious )

Phatkat

Thank you all, some very reasuring words of wisdom there. Was the Chelmsford high street store in Essex.

I'll post up a follow up.

Thanks guys

bluecandy5

WolfSong2000 wrote: »

I used to work for H. Samuel and wouldn't recommend them...mind you, I wouldn't recommend Seiko as a brand, either, but that's beside the point . And for the record, Ernest Jones and leslie Davis are all owned by the same company that owns H. Samuel...in fact, some of E.J's stock is exactly the same as H.S, just with a higher price tag...that part always annoyed me.
QUOTE]


There's nothing wrong with a Seiko, I had one, my husband has got one. Never has any trouble and they last ages.

Also, some prodcuts look the same but vary in price because there is a difference in the product. i now work in LD.

For example, we had someone looking at a citizen watch, looked the same in HS and LD but differed by £50. The difference, one was steel bracelet one was titanium bracelet.

WolfSong2000

bluecandy - nothing wrong with Seiko, per se, but personally I think they're overpriced for what they are. If someone came to me looking for a watch without a battery, I'd point them in the direction of Citizen's Eco Drive range before Seiko's Kinetic. But like I said, personal opinion.

And when I mentioned same products, different price, was thinking in terms of diamond rings...I'd buy costume jewelery from HS, but never a diamond. Again, personal preference, though.