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bovinedealer

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HOLA441
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HOLA442
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HOLA443

Wrist Watch being Held to Ransom! Help!!!

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!frown.gif

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.
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HOLA445

Wrist Watch being Held to Ransom! Help!!!

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!frown.gif

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.

what other member of staff?

how did this other member of staff receive your instruction?

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HOLA446

what other member of staff?

how did this other member of staff receive your instruction?

Hi Bloo Loo,

I went in to the shop some time ago to find out what was happening only for the other member of staff to admit to me twice, that she made the mistake by sending it away. I didn't take her to task on it, or ask to speak to the owner as I wanted to ensure my friend did not mess up, she didn't, she got the quote and that was all.

It was the other member of staff who took it on herself to send it away to be service without confirming wether I wanted to go ahead with it.

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HOLA449

How much is your friend worth to you? More than £40?

"Pin and Renting" amusing funereal and legal services!

We'll take your money! We'll take your body! :blink:

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HOLA4410

Tricky.

The watch is of little use to them, even fixed. You could pretend to be a Greek finance minister by sailing close to the edge, and reduce your offer to £30

The watch is your property and you have no contract with the jeweller.

You are of course asking a Crap Free Legal Forum here.

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HOLA4411

Tricky.

The watch is of little use to them, even fixed. You could pretend to be a Greek finance minister by sailing close to the edge, and reduce your offer to £30

The watch is your property and you have no contract with the jeweller.

You are of course asking a Crap Free Legal Forum here.

Thanks yes, it is tricky.

I would think I am entitled to it back in the state I gave it to them, i.e without the new battery and without the service, not sure how you go about that though?

Will have to have another think about this. I suspect I shall phone the owner up and see if I can get the pirce down in light of my previous business and their mistake, if I can't though I will have to take it from there. Once it's completed I'll give an up date.

Cheers.

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HOLA4412

I think its cut and dried from a contract point of view.

You asked the firm for a quote. They provided a quote. You were then to either accept of not the quote. You didnt accept it and asked for return of the watch.

no contract.

It then comes down to the value of your relationship...and that includes their relationship with you.

Contracts must contain mutual promises, or obligations, between the parties making the agreement. For example in return for Mrs Smith delivering the chair Mr Jones agrees to pay £100 on delivery. The obligation is the delivery of the chair and the consideration is the £100. If there is no mutual obligation then there is no contract.

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HOLA4413

Sounds like it cost them £80 to get it serviced, so they are presumably offering it to you at cost.

If you were thinking of getting it done anyway at some point I'd probably just settle for £80 (out of interest, how much were you expecting it to cost?).

Legally, I expect you are in the right.. I would imagine a small claims court is probably the way you would go.

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HOLA4415

IANAL. Have you considered lobbing a brick through their window?

BTW my fee for this consultation is £120.

Ah, I wondered what that meant..I Am Not A Lobber.

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HOLA4419

IANAL. Have you considered lobbing a brick through their window?

BTW my fee for this consultation is £120.

Wear a balaclava though in case it turns out the jewellers have got owls in their roof.

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HOLA4421

It is going to cost you more than that to go to a small claims court plus all the stress/hassle. Pay the money and simply do not do business with them ever again.

Doesn't the judge usually charge the costs to the defendant? (Assuming he wins the case).

Either way, I agree it's not worth the hassle over £80, especially if it was going to be done anyway.

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HOLA4423

They want £80, you want to pay £40.

This is a negotiation. Tell them that unfortunately you cannot afford more than xxx - and want to speak to the owner. Personally, I would suggest £50 as it makes it look like you've moved a bit, but not made the common mistake of halving the difference.

£80 quid sounds like a counter offer from them in the expectation that you'll settle at £60, I guess that's probably what the job cost them.

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HOLA4424

Tell them you feel £20 is a reasonable amount - and if they don't accept you will be raising a theft charge with the Police.

I can 99.99999999% guarantee you they will suddenly get all pleasant with you.

The end.

Ps - I have done similar with a letting agent recently so not just talking out of theory here.

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