Property left in Jewellers and sold

[Nannyjillx2]

I left my watch in the jewellers to be sent away for a battery change and a clean. They rang about a month later to say it was ready. I forgot about it and remembered about 2 months later.

When I went to collect it they said they had sold it . On the back of the repair ticket it states"Repairs left over 1 year and 1 day will be sold to recover our costs and expenses under the terms of the Torts Act 1977"

The assistant said that was an old style issue repair ticket and I should never have been given it. She called the manager who said this didn't apply as it wasn't a repair . After arguing they offered me �40 ( the same make & style watch is �400 in their shop although my watch is about 6 /7 years old)

The shop was taken over about a year ago and before then we had purchased a fair amount of jewellery from them which I pointed out and they are a jeweller who keeps records.(the watch went in after the shop had been taken over)

I didn't take the money as I said I was very unhappy.

Where do I stand?

Is a battery change not a repair? They do have to send away to have it done as they can't do this on the premises.

[Ethel]

In my opinion, if you have to leave your watch with them to make it work, it is a repair and the wording on the ticket is applicable.

In any case, there was no rider...'unless it is left to have its battery changed or any other purpose that is not a repair'.

You can take them to court to get compensation to the value - is it the sort of watch that holds it value? You need to be able to buy a comparable replacement - a working watch of the same make and similar age, if possible.

[Nannyjillx2]

Thanks Ethel

I'm not sure it would hold its' value it's just a common old garden Gucci but it's the only place that send it away and no jeweller here will take the back off to replace the battery. I've always gone there and bever had any trouble.

[Ethel]

See how much your watch has sold on eBay - click 'completed listings' and see what you can find.

[Nannyjillx2]

Thanks didn't even think of that . Will do and then go back to the jeweller.

[brachiopod]

If it was a repair, then it was bound by their "year and a day" policy.

Since they deny that it was a 'repair' then surely the watch remains your property, and they had no right to dispose of it?

"2 months before disposal" seems a remarkably short time - bearing in mind that they could reasonably fob you off for the same mount of time whilst you await repair ("particularly specialised parts, complicated repair" etc etc)

You have to argue that it was unreasonable (in law) to dispose of the watch after only two months, considering it took a month to fix and notify you that the repair (or not) had been done.

I would look at some further advice. Ask for a copy of their terms with regard to repairs / collections etc. - perhaps get trading standards involved.

[Nannyjillx2]

Thanks will have to look into this abit more before I go back. Have checked on e bay and the same watch has been sold and is selling for around �120 - 150 so no way am I accepting their offer.

[Nannyjillx2]

Just a quick update went back to the jewellers and told the manager I wasn't happy and basically quoted what had been posted on here.

Result - he apologised and gave me a similar watch also Gucci which he had in his second hand section with a year's guarantee.

Thanks so much