Wher do we stand

HelenMariee

Hi there,
Really need some advice, My elderly father in law bought an expensive second hand watch from a jewellers in Dec 09. He sold it to a specialist watch dealer last month and within half an hour of returning home he received a call from the buyer stating the serial number had been filed off. My father in law was very upset as he was completeley unaware of this and returned the money straight away, he has since spoken to the jewellers concerned who has alledgeley stated "you could of done it yourself for all I know" and refused to give him his money back or take any responsibility, the watch is worth less than a quarter of what he paid for it, where does he stand, any help would be appreciated.

4743hudsonj

IMHO out of pocket unless he can prove it was not him that filed off the serial.

He should have kept the money, as the specialist has "special knowledge" in the transaction and your FIL did not know and so in all likleyhood he could argue it as Innocent misrepresentation (if he stated it was mint or similar - implying the serial would be present).

Either that or or tough luck on the part of the specialist if they had inspected it and accepted its condition.

HelenMariee

Do you think he could have a case from the jewellers where he bought it from? I dont understand how they can say he could of done it himself when its reduced its value by 3/4. I have also been advised that a serial no should be logged as it is check for authenticity, the said jewellers have said it came from his own private collection which also seems stange as the invoice and receipt are through the business.

4743hudsonj

HelenMariee wrote: »

Do you think he could have a case from the jewellers where he bought it from? I dont understand how they can say he could of done it himself when its reduced its value by 3/4. I have also been advised that a serial no should be logged as it is check for authenticity, the said jewellers have said it came from his own private collection which also seems stange as the invoice and receipt are through the business.

I doubt it, he would have to prove that it was like that when it was bought to bring an action against them, unless you can time travel there not much hope in doing that.

Like i said, hes been very honest, too honest in fact, he should have kept the money and refused to take it back as it was the specialists fault for not noticing. Now he is out of pocket.

On a side note, is it really that bad? Ok so he hasnt got the money but he has a watch he can enjoy, he liked it before the knowledge about the serial so why not after.

HelenMariee

4743hudsonj wrote: »

I doubt it, he would have to prove that it was like that when it was bought to bring an action against them, unless you can time travel there not much hope in doing that.

Like i said, hes been very honest, too honest in fact, he should have kept the money and refused to take it back as it was the specialists fault for not noticing. Now he is out of pocket.

On a side note, is it really that bad? Ok so he hasnt got the money but he has a watch he can enjoy, he liked it before the knowledge about the serial so why not after.

Thanks for your advice, He really likes the watch, he just feels he has been cheated. A lesson leant.

zenmaster

Name and Shame the jeweller who is selling dodgy watches to vulnerable elderly folk!

4743hudsonj

zenmaster wrote: »

Name and Shame the jeweller who is selling dodgy watches to vulnerable elderly folk!

Being elderly or not make absolutely no difference in situations like this. Besides how do you know the jeweller knew it had no serial? After all the "specialist" did not notice immediately.

zenmaster

Name and Shame the jeweller who is selling dodgy watches to vulnerable elderly folk!

KittyPryde

Is anyone else seeing a lot of double posts lately?

4743hudsonj

zenmaster wrote: »

Name and Shame the jeweller who is selling dodgy watches to vulnerable elderly folk!

Being elderly or not make absolutism no difference in situations like this. Besides how do you know the jeweller knew it had no serial? After all the "specialist" did not notice immediately.

KittyPryde

Is anyone else seeing a lot of double posts lately?