Engagement ring nightmare!

wealdroam

Carl24488 wrote: »

I have found another page on their website which states distance selling regulations but cannot post the link due to my low posts on here.

Basically says that no refunds will be given what so ever as hand made to order is not covered by DSR? If I can prove it is sold elsewhere and that it could be sold again does that render the item not hand made to order?

Secondly If I pursue a claim in the courts will the worst case scenario be that i either get the ring or my money back? Does anyone know the costs involved?

Thanks again and much appreciated

Paragraph 3.38 of the OFT's guide to DSRs lists exceptions to the cancellation rights.
As your thing is not 'goods made to the consumer’s own specification', then that exception does not apply.

MCOL costs start at £25.

Send the letter that Paddyrg suggests.

halibut2209

Is ring size not an "own specification"?

themull1

Do a charge back through your credit card and inform the company that that is what you're going to do.

Carl24488

Thanks everyone, my plan of action is as follows,

To phone my bank and start a chargeback procedure, Then send a LBA to Nuttalls detailing they have 7 days to refund me or send me the ring...

Then I suppose I have to sit tight and wait for one of the two to come to fruition. However if for example the chargeback takes a while and Nuttals refuse to refund should I pursue court proceedings whilst waiting for the chargeback?

wealdroam

Ah... Nuttalls. I had somehow overlooked that.

There are several threads here which might be useful...
https://forums.moneysavingexpert.com/discussion/2273133
https://forums.moneysavingexpert.com/discussion/2720451
https://forums.moneysavingexpert.com/discussion/2577557
https://forums.moneysavingexpert.com/discussion/3035952

fluffnutter

halibut2209 wrote: »

Is ring size not an "own specification"?

You see, that's what I was wondering but I'm not so sure. It's a bit like anything that comes in different sizes... they'll be other people who share your size. Not refunding 'bespoke' items is all about not being able to sell them to someone else.

What if I choose a pair of size 5 shoes then want to return them? Would they be able to say that the size was my 'own specification'?

Unless she has a really funny shaped finger the size of a piece of dried spaghetti, or a marrow, then I reckon it's unreasonable to say it's her 'own specification'.

isplumm

fluffnutter wrote: »

You see, that's what I was wondering but I'm not so sure. It's a bit like anything that comes in different sizes... they'll be other people who share your size. Not refunding 'bespoke' items is all about not being able to sell them to someone else.

What if I choose a pair of size 5 shoes then want to return them? Would they be able to say that the size was my 'own specification'?

Unless she has a really funny shaped finger the size of a piece of dried spaghetti, or a marrow, then I reckon it's unreasonable to say it's her 'own specification'.

Hi,

I wouldn't be worrying about this - the OP ordered the ring back in Dec 10, was told a 2 week lead time, now 4 months later has still not got ring.

I would write LBA - keep it short & sweet - to the point - tell them what the issue is, tell them what you want & by when - be polite.

Mark

paddyrg

I don't think the point of contention is whether it is a DSR cancellation, just that they have failed to deliver goods as advertised. I don't think a contract has even been formed as there has been no exchange.

fluffnutter

isplumm wrote: »

Hi,

I wouldn't be worrying about this - the OP ordered the ring back in Dec 10, was told a 2 week lead time, now 4 months later has still not got ring.

I would write LBA - keep it short & sweet - to the point - tell them what the issue is, tell them what you want & by when - be polite.

Mark

paddyrg wrote: »

I don't think the point of contention is whether it is a DSR cancellation, just that they have failed to deliver goods as advertised. I don't think a contract has even been formed as there has been no exchange.

Totally agree. But it was an interesting point generally about whether rings are always 'to your specification' due to a particular size being ordered. It got me thinking.

isplumm

fluffnutter wrote: »

Totally agree. But it was an interesting point generally about whether rings are always 'to your specification' due to a particular size being ordered. It got me thinking.

Indeed - but I thought it might confuse the OP ....

Mark