Small Claims Court - Sense check

Hintza

What you need to ascertain is your wife going a task/s that are causing damage to the ring ie if a claw ring is she catching the claws etc? For some jobs rings should not just be worn.

If you decide that she isn't then you will probably need someone to check whether the setting or metal are below standard, which could be tricky.

If you have no joy have a look HERE for replacement.

unholyangel

Marktheshark wrote: »

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.

The 6 month rule actually exists in UK legislation because of that directive.


From the directive:

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

Anyway, that directive only gives you 2 years to chase for breach of contract/lack of conformity, UK legislation gives you 6 from purchase in england and wales, and 5 from discovery in scotland.

Like the other poster, I'm curious why you think the directive is superior when its offers less rights for a shorter period of time?

HHarry

Thanks everyone for taking the time to reply. It is much appreciated.

The ring is channel set, so it won't be a case of catching the claws. My wife has an office job, no extreme hobbies and always takes the ring off when cleaning, etc. She genuinely doesn't do anything that wouldn't be considered 'everyday use'.

jumpedtheshark

There's a really good prosumer forum I use for jewellery, which is here: http://www.pricescope.com/forum/rockytalky/

If you post really detailed close-up photos, the users there should be able to offer insight into workmanship, so you can gauge whether it's worth paying for an independent report to support a small claims court case based on the SGA 1979.