Wrist Watch being Held to Ransom! Help!!!

bulltraderpt

I would really appreciate some help with this situation, here goes:

I have a friend who works for a jewellers, she recently got two rings polished and a wrist watch serviced where she works, all ok so far.

However, I asked her to get me a quote for a service on another watch I have and she did and it came back at £120. I felt this was too high and as I'd just had my other watch sorted out I didn't need another watch.

Unfortunately the other member of staff went ahead and got it serviced without my permission!:(

Now this is where it starts to get interesting, I want the watch back but am not prepared to pay £120, I told my friend to offer £40 as I felt this was fair because they take the hit for going a head and doing the work without my permission, but I have to pay something for the service.

Today I got a text from my friend saying they won't release it for less than £80!

I'd appreciate to know exactly where I stand legally or what the best course of action is. Thanks for any constructive advice.

marliepanda

Legally I would say you should have it back with paying nothing at all, if you 100% asked for a quote only!

bulltraderpt

Mmmmm I think you could be right, but I am not sure.

Tigsteroonie

Did you go into the shop with the other watch and ask for a quote for servicing?

Or did your friend take the watch into the shop to get the quote; and the other colleague was not aware that it was somebody else's watch? In which case, although it is your watch, it isn't your argument - it's between your friend and their colleague as to whether the instruction was clear.

The situation is confused by the friend's position in this transaction.

bulltraderpt

"Did you go into the shop with the other watch and ask for a quote for servicing?

Or did your friend take the watch into the shop to get the quote; and the other colleague was not aware that it was somebody else's watch?"

My friend got the quote for me.

To make it completely crystal clear,

I went in to the shop and spoke to the lady who sent it away for servicing, she addmitted to me twice that it was her fault.

The shop is in a town which is not local to me, but I went into see what was happening with it. I did not take the person to task or ask to speak to the owner of the shop as I wanted to ensure my friend didn't give duff ionstructions, she did not, all she asked then for was a quote.

She's as disappointed as I am, but I don't want the mickey to be taken out of me, hence the reason I ask for some advice. I hope that is now clear.

bris

This can only end up bad for your friend, regardless of what happens she is getting the blame. Don't expect any more favours from her as you have now put her in a very difficult position.

bulltraderpt

Not her fault though is it, if the other employee doesn't actually follow what I would assume to be a very basic thing in a customer facing industry like watch repair, i.e. "Has the customer given permission ?"

But yes I need to tread carefully without having the mickey taken out of me by the owner of the shop.

NotRichAtAll

Today I got a text from my friend saying they won't release it for less than £80

are you sure your friend is not trying to make a few quid out of this? i would personally go in the shop and ask for the manager.

bulltraderpt

No, not at all, she's not like that in any way.

unholyangel

There was no contract in place here so they have nothing to enforce and you should not be out of pocket or in a worse off position simply because they failed carry out their duties with reasonable skill and care.

The fact your friend works there does muddy the water as you may prefer to try the soft approach but personally I'd give them 14 days to return your property or you'll be filing against them in small claims for the return of the watch (or its value) and also any other reasonable costs you incur as a result.


Failing that, write to them and ask them to provide proof:

1) that there was a contract in place and
2) that you agreed to the terms of the contract.

Or even better, try get it in writing that it was their staff members mistake, then ask them to provide proof there was a contract in place etc.


Remind them that they are liable for risks within their control - especially those they could remove or reduce by exercising reasonable care (ie their employees mistakes are their risk, not yours and they shouldnt be making you their insurer - unfair terms legislation specifically prohibits them from doing so).

gettingtheresometime

Whilst the legally backed arguments for not paying is probably a strong one has this friend got you 'mate's rates' in the past?

If so then I would be inclined to pay the £80 and chalk it up to experience