Jeweller swapped my ring!

Ticklemouse

18 months ago, my mum bought me an opal and iolite ring for my birthday - I saw it in the shop window (little independant jeweller) and fell in love with it. It had the most beautiful opal I have ever seen, full of fire (pink, yellow, green, blue flashes in it) I also loved the iolites as purple is my fave colour.

I didn't wear this ring as everyday jewellery, but after I'd had it 11 months, I noticed one of the iolites had fallen out. A local jeweller I'd taken it in to for repair, said that the ring obviously hadn't been damaged, opals expand and contract and if stones aren't set well, they can fall out. They told me to take it back to where I bought it as it should be covered for 12 months. This I did and owner said no probs, will get it repaired. However, a couple of weeks later she rang and said they were having problems sourcing an iolite of that size, did I want to swap it for another item from her shop. I said no thanks, I'd wait until they could repair it as I definately wanted to keep the ring as it was so beautiful. Some months passed, no repair so I went back and asked them. The assistant said they'd still not been able to do it but she would chase it up. I again said I wanted to keep MY ring. Yesterday I had a message on ansaphone saying something about having a similar ring in if I wanted to look at it to see if I wanted to swap. As it happens, I made a trip out to where the shop is today ( a bit of a drive), saw owner and she showed me a similar design ring, with plain opal and very very pale pink stones. I said, no thanks, don't like it, would like to keep my ring and get it fixed.

Then she dropped the bombshell! She said " Oh, you can't, I've swapped your ring for this one" I just went "Nooooo, you can't" and burst into tears (Don't really know where this reaction came from) She said she thought she was doing the best for me because she'd had my ring for a year (6 months actually) I told her that she and her assistant had been informed on several occasions that on no account did I want to swap this ring, I wanted it repaired! She said she couldn't remember! She is going to ring the other jeweller on Monday to see if he still has it (Hopefully he does as it was only swapped in the last week or so)

Now, it goes like this - if she can't recover MY ring, I shall be dealing with her via tha police for theft (appropriation of MY ring, regardless of whether she has swapped it for a similar one or thought she was doing me a favour) If she CAN recover it, how do I go about getting it repaired? I have contacted another local jeweller to see if they can do it because I think she uses one person who can or can't be bothered to source one. Iolites are not the world's most precious stone and I only need one about 1 mm across!

Sorry, rant over. Just needed to get it off my chest.:)

lisyloo

Do everything you can to get it back - QUICKLY.
Hassle them several times a day to contact the other jeweller.
Get the jewellers details and contact them yourself and ask them not to sell it.

Once they have got it back, write them a letter giving them 30 days to fix it, after that time you will take it elsewhere and charge them for the costs which you will recover through the small claims court if necessary.
You could send it be recorded delivery (65p) so that they can't lie about not receiving it.

From now on keep names, dates and times of phone calls.

deemy2004

I don't think the Police would do much, but as above, keep pestering them.

Ticklemouse

Hopefully, the other guy still has the ring - as far as I am aware, he is a repairer, not a jeweller. What I can't believe is that the ring was originally sent to Birmingham Jewellery Quarter and they still couldn't find a stone that was right! I used to buy all my jewellery from Brum so I know how big it is. I'll certainly go down the small claims court route if I have to.

As for the police, well, they may not want to do anything, they'll try and fob me off with 'it's a civil complaint' etc, but I'm a copper (albeit a different force and on a career break at the moment) so I know that technically she's appropriated it, thus it is theft. If my local old bill won't deal with it, I'll have 'words' with them too! If nothing else, they can at least visit her, inform her of the 'theft' and make sure she deals as best she can (or else) - which means I want decent (but reasonable, I'm not after thousands) compo in money or another item cos I can't find another ring which is in any way as nice. Also, the price has gone up so what I could choose from her shop at the price I paid is much less now.

aussielle

I'm not trying to be argumentative here...I think it's dreadful what's happened to you and you have every right to be angry and upset.

But, a person is guilty of theft if they dishonestly appropriate property belonging to another, with the intention to permanently deprive the other of it

I think the dishonestly bit would be hard to prove because the jeweller has been open about what she's done, and she has obtained a new ring for you....(although it clearly wasn't what you wanted)

I really hope you can get the ring back and find a new stone for it

Ticklemouse

Thanks for your comments aussielle .

I know the theft thing is a long shot, but here is what it says:

Theft

Definition - It is an offence for a person to dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it

N.B - to constitute the offence of theft then all aspects of the definition must be complete
Dishonestly - It is not dishonest if there is a reasonable belief that:-
the person had a legal right to property
the other would consent if they knew of the taking / circumstances
reasonable steps had been taken to trace the owner of property
Appropriate - assumption of the rights of the owner except where value given for property in good faith
Property - means property of a tangible nature
Belonging to another - person who has possession, control or right of interest With the intention of permanently depriving the other of it - intends to treat as own

With regards to the dishonest bit - she knew she had no legal right to it or to assume ownership of it. She may have got me a new ring, but IMO, it is of far inferior quality, I don't like it and most importantly, it is not the ring my mum gave me for my 40th, thus the sentimental attachment. She has permanently deprived me of this particular ring.

BTW, not having a go here, just a bit of 'light-hearted' discussion. Actually, I wouldn't want to see her convicted of theft, I just want her to get a rocket up her backside. I'm sure a threat that has a legal basis will make them get their fingers out, don't you?:)

aussielle

Lets hope so!

Quoting the theft act to her might just be enough to get the result you want

Let us know how you get on.

Davesmum_2

Oh TM i do hope you get your ring back. Thats awful what they have done!!!

Keep us posted!

rushnowt

TM i'm totally horrified and bewildered. You say you cried, i bet ya did, i'd have !!!!!! killed someone :mad:
They can not be allowed to get away with this, do everything ya can to get it back.
Try the theft avenue, contact CAB, check your home/car insurance to see if you have legal cover i know alot do now, if it does contact them for advise.

But most of all nag them nag them and nag them some more. And if that doesnt work tell them you are contacting the local paper to do a story on it.

Scare the living daylights out of them :mad:

Good luck & let us know how ya get on x

rushnowt

Hiya TM

just another thought, have ya contacted trading standards ? if not, give that a go too, been trying to find out if theres a jewellers ombudsman but not had any luck as yet, maybe other members may have knowledge of this ?

Also dont know if this is any use to you, but in Manchester theres a radio station think its GMR, theres a slot in one of the shows that asks for listeners to ring in if they have been dupped, ripped off or wronged in any way, and they chase it up for you, may be an idea to find out if theres something similar on a local radio in your area.

Another avenue may be watchdog ? but obviously you need to have something put into action asap.

derrick

rushnowt wrote:

Hiya TM

just another thought, have ya contacted trading standards ? if not, give that a go too, been trying to find out if theres a jewellers ombudsman but not had any luck as yet, maybe other members may have knowledge of this ?

Also dont know if this is any use to you, but in Manchester theres a radio station think its GMR, theres a slot in one of the shows that asks for listeners to ring in if they have been dupped, ripped off or wronged in any way, and they chase it up for you, may be an idea to find out if theres something similar on a local radio in your area.

Another avenue may be watchdog ? but obviously you need to have something put into action asap.

GMR have stopped doing that a few months ago,it was good,but now they have guest "experts" on once a week but there is no intervention or follow up.
You would get the same or better advice via Trading Standards