is this a case for the small claims court 3 March at 10:19AM in Consumer rights 31 replies 991 views

eskbanker

Tumtitums said:

The watch was bought on a easyjet flight somewhere between Germany and the UK and cost about £120

Tumtitums said:
i like the watch and its very expensive

Tumtitums said:

i expected a watch that costs over £100 to have lasted longer especially as they gave a 5 year guarantee. This is the most expensive watch i have ever bought

To be honest, £120 for a watch really isn't objectively 'very expensive' (especially if that was an inflated EasyJet price), even if it's the most you've paid for one, but from a consumer rights perspective that doesn't actually matter, you're still entitled to something of suitable quality, etc.

Tumtitums said:

Im still confused about the replies,  is the suggestion that i take them to court or not ??

No, the replies are clear that the guarantee doesn't cover a problem with the strap, and therefore if you want them to repair it then you'll need to pay them for that, so as it stands they haven't breached the contract and don't owe you anything, so there's nothing for a court to enforce.

Manxman_in_exile

(1)  Your watch "strap and and it's components" are not covered by the guarantee.  If the strap has become unattached from the watch - for whatever reason - you are wasting your time trying to get them to fix it for free under the guarantee.  It isn't covered.

(2)  You might have some consumer rights against Easyjet that you could enforce in court.  But to do that you'd have to persuade a court that the watch was faulty or not of satisfactory quality for its price.  But after three years I think you might struggle to do that.  I also don't think a watch costing £120 is particularly expensive or special.  Sorry.

(3)  To get your watch back stop telling them that you want it fixed for free.  Either pay them to fix it or ask them to send it back to you as it is.  Go to a local jeweller to get a new strap or buy one off the internet and fit it yourself

Alderbank

The OP says, 'There is nothing wrong with the watch or the strap.'

I am struggling to visualise the problem. OP, did you take any photographs before you sent the watch away?

Manxman_in_exile

Tumtitums said:

... I did email them to tell them i was going to send it in and they didnt say that i shouldnt do this. they just gave me the address ...

So presumably you know that it reached them because they came back and told you it wasn't covered?  Or are you just assuming it reached them ok?

I ask because I have sent a couple of quite expensive watches to Seiko UK and they gave me quite a prescriptive list of what I should and shouldn't do when sending them back.

I wonder if it ever reached them or - if it did - that they don't know who it belongs to?

The other possibility might be that they make a charge for inspecting the watch and you haven't paid it.  Or that they've fixed it and are waiting for you to pay up...

Whatever it is, just tell them to send it back as it is.

Manxman_in_exile

Alderbank said:

The OP says, 'There is nothing wrong with the watch or the strap.'

I am struggling to visualise the problem. OP, did you take any photographs before you sent the watch away?

I'm wondering if one of the spring-loaded retaining bars that hold the strap on has broken or got lost.  That would be easy for the OP to get fixed locally or even replace himself.

However, if it's a "solid" bar that's an integral part of the case itself, then that might be quite a bit more difficult...

But if it's not one of the bars, I can't visualise what's wrong either.

Alderbank

OP, since there is nothing wrong with the watch or the strap, is the issue simply that one of the spring-loaded pushpins has come adrift?
If so, that is a very easy and cheap fix for any high street jeweller.

Edited to add:
Sorry Manxman, crossed post

sheramber

I suggest you contact them and either agree to pay for the repair and ask how you should do that or asl them to return the watch.

I expect they would expect you to pay for the return postage.

DullGreyGuy

Tumtitums said:

There is nothing wrong with the watch or the strap. The strap has come away from the watch therefore i wanted them to reattach it. I did email them to tell them i was going to send it in and they didnt say that i shouldnt do this. they just gave me the address All i did with the watch is put it on my wrist i haven't been chewing the strap or anything like that which would  destroy the watch and i expected a watch that costs over £100 to have lasted longer especially as they gave a 5 year guarantee. This is the most expensive watch i have ever bought

Im still confused about the replies,  is the suggestion that i take them to court or not ??  It's annoying that they ignored my email and letter about this issue .

Ultimately the decision is yours

Your new comment that the "strap has come away from the watch" is unclear. Most watches, including those costing 10x or 100x yours, have a case with indents that accept spring pins that attaches a step. With some its not spring pins but a solid pin but its not a major difference.

If the spring pin (£1 for 10) or pin (£1 for 50) has broke it's easy to replace. You can issue proceedings for 10p but the judge can rule its a vexatious case so not award fees 

born_again

DullGreyGuy said:You can issue proceedings for 10p but the judge can rule its a vexatious case so not award fees 

I think the taking to court is more to do with "I have not heard back from them and they haven't returned my watch."

So looking at the cost of the watch, not the repair.

eskbanker

born_again said:

DullGreyGuy said:You can issue proceedings for 10p but the judge can rule its a vexatious case so not award fees 

I think the taking to court is more to do with "I have not heard back from them and they haven't returned my watch."

So looking at the cost of the watch, not the repair.

OP should obviously be able to clarify but the context around that wording suggests that they haven't actually asked for it to be returned but continue to expect it to be repaired free:

Tumtitums said:

In dec 2022 i sent it back to them to repair the watch strap  however they said there would be a charge,. I said that i didnt agree and that the guarantee meant it would be fixed for free. I have not heard back from them and they haven't returned my watch. In Jan 2023 i wrote to them saying again that  i want them to repair my watch for free  under the guarantee that i was given but i still havent heard back from them,.