Faulty engagement ring

miichelle211

My partner purchased an engagement ring on the 13th October 2018, gave me it on the 11th January 2019. Just 3 weeks and 4 days later the diamond fell out and I don’t know where it is - it’s gone. I went straight back to the shop and they just told me it’s accidental damage and all they could give me was a valuation to go to my insurance. I have been to citizens advice, done the official letter to the company and they are just completely dismissing the situation, they are not interested in the slightest. The owner phoned me and offered me a discount to replace the diamond or to pay my excess on my insurance but refused to replace the diamond. I now don’t know what to do as citizens advice advised the next step is take them to court but they said I will need a report from a jewellers to say it’s faulty but I have been to 4 jewellers who agree there was a problem with the bottom claw and it wasn’t enough metal and also not cut right to hold the shape of the diamond (heart shape) but can’t give me a report as they can’t say for 100% certainty that the ring was faulty in the first place they just think it. Please help.
Michelle

KatrinaWaves

miichelle211 wrote: »

My partner purchased an engagement ring on the 13th October 2018, gave me it on the 11th January 2019. Just 3 weeks and 4 days later the diamond fell out and I don’t know where it is - it’s gone. I went straight back to the shop and they just told me it’s accidental damage and all they could give me was a valuation to go to my insurance. I have been to citizens advice, done the official letter to the company and they are just completely dismissing the situation, they are not interested in the slightest. The owner phoned me and offered me a discount to replace the diamond or to pay my excess on my insurance but refused to replace the diamond. I now don’t know what to do as citizens advice advised the next step is take them to court but they said I will need a report from a jewellers to say it’s faulty but I have been to 4 jewellers who agree there was a problem with the bottom claw and it wasn’t enough metal and also not cut right to hold the shape of the diamond (heart shape) but can’t give me a report as they can’t say for 100% certainty that the ring was faulty in the first place they just think it. Please help.
Michelle

If 4 jewellers are unwilling to put their thoughts on a written report its pointless. You need to find one who is happy to state that this ring was not made properly, and has not failed due to being knocked.

DoaM

Under the Consumer Rights Act 2015 any fault within 6 months from purchase is assumed to be inherent and it is for the seller to prove otherwise. However if they are stating that this is accidental damage (which is usually quite easy to prove in situations like this) then the buyer* would need to commission a report to prove otherwise. (If you can't get anyone to sign-off on this being a fault then you probably have your answer).

If the seller still won't provide a remedy then you'd need to look at the small claims court (MCOL) route.

* Any rights lie with your fiance as he made the purchase; you have no rights at all.

A claim on your (his) home insurance is probably best - did you add the ring to the policy?

davidmcn

miichelle211 wrote: »

I have been to 4 jewellers who agree there was a problem with the bottom claw and it wasn’t enough metal and also not cut right to hold the shape of the diamond (heart shape) but can’t give me a report as they can’t say for 100% certainty that the ring was faulty in the first place they just think it.

They don't need to be 100% certain to provide a report of what their opinion is.

miichelle211

If I take them to small claims court what would my chances be of winning? Diamonds don’t just fall out of rings after 3 weeks I am gutted to even be in this situation. And feel like I have just threw away thousands of pounds

comeandgo

What about insurance? Will they not pay out?

Aylesbury_Duck

miichelle211 wrote: »

If I take them to small claims court what would my chances be of winning? Diamonds don’t just fall out of rings after 3 weeks I am gutted to even be in this situation. And feel like I have just threw away thousands of pounds

What is the value of the ring and what have you been quoted as a price to restore it to its original condition?

You'll have to decide whether it's worth the cost of court action. As to your chances of winning, I think it looks slim unless you can get one of those jewellers to state that it was most probably that the stone was lost as a result of an inherent fault with the setting.

KatrinaWaves

davidmcn wrote: »

They don't need to be 100% certain to provide a report of what their opinion is.

Theyre probably not as certain as they are saying, or certainly not willing to 'legally commit to it' or back up their opinion in court if needed.

Its probably more 'oh yes its definitely rubbish we wouldnt sell anything like that come get a ring from us...'

miichelle211

It was £2000 and been quoted £1650 to replace the diamond. I just don’t see why I should hve to claim on my insurance and put my premiums up when I was sold a faulty item I feel like I’m going round in circles

DoaM

Can you 100% guarantee that you haven't caught/knocked the ring which had caused the clasp to fail and so the diamond to fall out? As per above, I feel you don't have a clear case such that anyone here could have confidence in you winning a case - especially if you can't get a report from a jeweller which states (in their opinion) that the fault was caused by poor design and/or faulty workmanship.

Insurance is probably the path of least resistance ... provided that the ring was covered. (House insurance claims tend not to have a huge impact on renewal premiums - at least not as noticeable as with motor insurance).

miichelle211

I 100% guarantee that I did not knock or catch the ring, I was doing the nursery run and noticed it was gone! I just think this is ridiculous that a company can just say ‘accidental’ and get away with this. Going to try some more jewellers to get some kind of report. Say I got a report saying ‘the bottom clasp was never sufficient enough for the shape of the diamond’ would this make me win a court case?