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Gold not platinum dynasty jewellers

On the 4th November 2006 my then fianc!e and I attended Dynasty jewellers in Hatton garden and paid for a Platinum and Diamond ring in good faith. On or about the 8th November 2006 I collected
the ring and received a reciept and valuation on letter headed paper. I had no reason to ever doubt the ring was not as described. The ring has been insured as described ever since. On the 6th February 2014 we took the ring to another jeweller to be resized who then told us the ring was 18ct White Gold and not platinum as we had believed for the past seven years. We immediately contacted Dynasty Jewellers to seek resolution to the issue, bringing the ring and receipt to them. We attempted mediation through the National Association of Goldsmiths but they refused stating their records had been lost in a flood and would not put this right. We have started court proceedings but it seems we are time barred after 6 years. Surely the breach of contract is when the fault was brought to our attention in February this year. My argument is that this is when the 6 years should start. Am I wasting my time going to court? We feel very upset by this.

Comments

  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    What are you hoping to achieve?
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Can you quantify the value difference? Make sure your claim is backed up by evidence (reports from jewelers, copies of insurance documents etc) and it'll look all the worse for them that they didn't manage to keep good records. Quantifiable losses might be the value of the platinum less the value of the gold at the time of purchase plus interest, the cost of the survey and reports, overpayment of insurance premiums, postage sand calls trying to sorry this out, etc. Come up with an absolute and fair quantifiable figure and go to money claim online if they don't respond to your letter before action. You can't sue for being upset or distress, so keep strictly to the numbers.

    When you get an assayers report, might be worth getting any stones checked out too - if someone sold you snide platinum they may have sold you broken marbles too.
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    What hallmarks are on the metal ?
  • aileth
    aileth Posts: 2,822 Forumite
    I'm probably really wrong about this, but I always thought you could dispute the limitation barring period if you could prove date of knowledge.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The statute covering this is The Limitations Act 1980 and the period starts from the date the action occurred, ie, when the ring was sold.
  • warehouse
    warehouse Posts: 3,362 Forumite
    I've been Money Tipped!
    Bantex wrote: »
    What are you hoping to achieve?

    How about what they paid for?
    Pants
  • Italy14
    Italy14 Posts: 3 Newbie
    Bantex wrote: »
    What are you hoping to achieve?

    Thanks everyone but it seems we are out of time. We are already at the first stage if the small claims court but we can't get over the time barring so everything else is irrelevant. We shall go down other avenues now and see what happens.
  • Italy14
    Italy14 Posts: 3 Newbie
    Oh and the only thing we ever wanted was this put right. I paid for platinum I wanted them to change it. Back in 2006 platinum was 3 times more expensive than gold. Now it's about the same price. Oh well as Mr Perry from Dynasty Jewellers said "She's been wearing it for the past 7 years so what's the problem!!"
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