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Buyer is calming jewellery is fake

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  • lincroft1710
    lincroft1710 Posts: 18,941 Forumite
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    Keep an eye open on Pre-loved and eBay for a Lesley Davies necklace being sold by an unhappy Scotsman. Perhaps he may think twice before trying to scam a genuine seller.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Bath_cube wrote: »
    Last week paypal told me as the buyer received the original proof of purchase it is up to him to contact the store. A colleague also mentioned today that since the buyer has both item and receipt it's no longer my problem and he should ask lesley Davies for a refund if the stones are not diamonds, because if they are (which they couldn't be) lesley Davies are in breach of contract and he is now the owner of the item. When I sold the item to him and provided proof of purchase.cost and the receipt states diamond it's lesley Davies not myself who need to rectify this matter.
    LD has no obligation to do anything for the current owner.

    LD had a contract with Bath Cube.
    LD has no contract with the current owner.
    Even thought the current owner has a receipt from LD, that does not transfer LD's obligations to the current owner.

    If there is an issue over the purchase from the OP by the current owner, it is for those two parties to resolve - no-one else.
    Of course they can get HMCS to help them, but ultimately it is for the buyer and seller to resolve.
  • bris
    bris Posts: 10,548 Forumite
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    As Above only the original purchaser has any rights. Receipts mean nothing to any one else.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    Even the OP has no recourse to Leslie Davies as the necklace was a gift. As the original purchase was in 2004 its a moot point anyway.
  • Had another call from the buyer an hour ago. I told him if he wants a refund then he has to return the item to me first. He has refused to return it saying it is counterfeit and therefore he can get a refund then dispose of the item. I told him in that case he will not be getting a refund and not to call me again. He got annoyed and hung up on me.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    Bath_cube wrote: »
    By a diamond hallmark I meant that most modern jewellery containing diamonds has a mark next to the hallmark which states the points eg 0.50 pnts.

    No, they really don't.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Peachy price I disagree with you about this one. I have a pendant from ernest jones which is marked 0.50 pnts on the reverse next to the hallmark, the matching earrings also do. I'm not saying all modern jewellery does have it but some do including high end pieces. The necklace I sold didn't state the points though.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Bath_cube wrote: »
    I'm not saying all modern jewellery does have it but some do including high end pieces.
    But earlier you said 'most':
    Bath_cube wrote: »
    By a diamond hallmark I meant that most modern jewellery containing diamonds has a mark next to the hallmark which states the points eg 0.50 pnts.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    Bath_cube wrote: »
    Peachy price I disagree with you about this one. I have a pendant from ernest jones which is marked 0.50 pnts on the reverse next to the hallmark, the matching earrings also do. I'm not saying all modern jewellery does have it but some do including high end pieces. The necklace I sold didn't state the points though.

    I have plenty of diamond jewellery, more 'high end' than Ernest Jones! None of it has 'hallmarks' for stone size and I would venture a guess that it's more to do ensuring EJ sales staff knowing what they are selling and making sure they put the jewellery back in the right place, it's certainly no indication of the authenticity of the stones. Imagine if it were, it would be too easy to swap real stones out for fakes but insist they were real because the 'hallmark' says so.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    Bath_cube wrote: »
    Peachy price I disagree with you about this one. I have a pendant from ernest jones which is marked 0.50 pnts on the reverse next to the hallmark, the matching earrings also do. I'm not saying all modern jewellery does have it but some do including high end pieces. The necklace I sold didn't state the points though.

    Sorry, but I agree with peachyprice. Like her I have a lot of jewellery and not one piece has anything regarding the stone impressed into the mount. High end diamond jewellery doesn't need a "hallmark" because it will come with a recognised certificate, such as one issued by GIA, with one certificate for each stone.
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