Small Claims Court - Sense check

HHarry

I'm just after a bit of a sense check to see whether Small Claims Court is the way to go from some people with no emotional involvement.

My wife bought a ring for around £1000. In the 7 months since purchase, a stone (probably not the same one) has fallen out on 3 occasions. On the first 2 occasions it was returned and repaired by the seller. On the third occasion it was returned and a refund requested as it was not fit for purpose.
The seller refused, but offered to repair at our cost.

I have spoken to Citizens Advice who explained SOGA and the concept of satisfactory quality, and that a refund would probably be a last resort after repair / replacement.

I therefore wrote again asking for a replacement, with no response so far.

The sellers view is that the damage is due to everyday wear and tear, and that all rings require maintenance.

Our view is that a Customer Advisor confirmed that this ring was suitable for everyday use (not in writing), and that replacing stones is not expected maintenance on a 7 month old ring.

Is it worth taking to court, and asking for a refund? And if, as seems to be the case, it should be a partial refund due to useage, how do you calculate the value of a ring worn for less than a year?

Thanks, HH.

wealdroam

After six months have passed, it is for the buyer to prove to the seller that the goods are no only faulty, but inherently faulty. I.e. the goods were faulty at the time of sale.

One could argue that the problem was reported within six months, when it is for the seller to prove that the fault wasn't present at the time of sale. However, the seller has already stated that the damage is due to fair wear and tear, and it is now for you to prove otherwise.

Without that proof, I believe any court action will fail.

HHarry

Thanks Wealdrom,

The last stone fell out at 7 months, the first 2 occasions probably around the 2 and 4 month mark. Would that alter your opinion?

wealdroam

HHarry wrote: »

Thanks Wealdrom,

The last stone fell out at 7 months, the first 2 occasions probably around the 2 and 4 month mark. Would that alter your opinion?

Not really. I added a bit to my earlier post.

Buzby

It will hinge on credibility. If they choose to defend, then it will be the balance of probabilities whether the judge agrees that the ring was substandard, or that the use of it was unreasonable.

Not an easy task. If they maintain they have already effected a repair, and the continued (mis) use resulted in the your-cost repair option, their action could be construed as reasonable, and you lose - having to pay their capped costs.

Marktheshark

A bit of a harsh interpretation of the law .
Where an item is repaired and that repair fails to rectify the situation then the claim the the item is inherently faulty is copper bottomed.
It is either irreparable or it is not.

EU 1999/44/EC actually over rides sale of Goods now and is statute in UK.
That bunks the six months rule in to the history books.

Like it or not 1999/44/EC is now statute in UK.

It is up to the consumer to decide which statute to use in a claim, personally 1999/44/EC is far superior.

wealdroam

Marktheshark wrote: »

EU 1999/44/EC actually over rides sale of Goods now and is statute in UK.
That bunks the six months rule in to the history books.

Like it or not 1999/44/EC is now statute in UK.

It is up to the consumer to decide which statute to use in a claim, personally 1999/44/EC is far superior.

EU 1999/44/EC does not override anything.

The Sale of Goods Act 1979(as amended) is still the overriding legislation in this area.

EU 1999/44/EC is not a statute. It is a directive which the EU instructs member states to incorporate in their legislation.
The UK has incorporated it into The Sale of Goods Act.

Quite simply, the consumer cannot choose to use EU 1999/44/EC over The Sale of Goods Act because EU 1999/44/EC is incorporated in The Sale of Goods Act.

Not sure whet you mean by "personally 1999/44/EC is far superior".

Sorry for the diversion OP.

LilElvis

What metal is the ring set in - 9ct 18ct?
What setting - pave, claw, bezel, rub-over,tension?
What size are the stones that are falling out?
What are the stones?

Yes, rings do need to be 'maintained' in that the security of the setting should be checked periodically, but this does sound unreasonable. I've worn rings daily for 30 years and have never had a stone fall out. I did have a stone come loose on a pair of earrings, but the jeweller reset it for free even though I had had them for about 5 years.

I would take it to a manufacturing jeweller and ask their opinion as to why they think this is a recurring problem and if they believe that there is a lasting solution.

HHarry

LilElvis wrote: »

What metal is the ring set in - 9ct 18ct?
What setting - pave, claw, bezel, rub-over,tension?
What size are the stones that are falling out?
What are the stones?

It's a platinum full eternity, with alternate amethyst and diamond stones (stone size - small!). It is the amethysts that are falling out.

Thanks everyone for taking the time to reply

LilElvis

HHarry wrote: »

It's a platinum full eternity, with alternate amethyst and diamond stones (stone size - small!). It is the amethysts that are falling out.

Thanks everyone for taking the time to reply

Is it channel set, or claw set? These are the most common for full eternity rings.

My thought it is either that the setting is still not secure, possibly because the claws are too shallow, or that the ring is not strongly enough constructed so that it can flex as you wear it and so effectively 'pop' the stones out. A good manufacturing jeweller should be able to advise as to the cause of the problem, giving you the information to determine what course of action you should take.

You might also have recourse to your bank/credit card - I'm sure someone will point you in the right direction re the viability of this/ the procedure.

pinkshoes

Could you take it to another independent jeweler to get a report stating that the ring was inherently faulty? You'll have to pay for this.

Then use the report to ask the original jeweller for a refund plus cost of report, otherwise you'll take him to court. (Send letter before action).

Jewels shouldn't fall out of expensive rings so quickly.

I have a half eternity, which I have worn every day for 3 years, and yet to lose a stone despite doing lot of practical work.