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Ripped Off By Jewellery Caster! Where do I Stand?

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  • Ripped Off By Jewellery Caster! Where do I Stand?

    I have had some jewellery pieces made by a fairly well known (in the trade) Silver caster and continually had to return them due to faulty casting. The same point on every item had a casting porosity fault making them completely unusable.
    After returning them twice to be replaced and getting replacements with the exact same fault I have now returned them and asked for my money back (which was paid initially).

    But I have been only refunded 2/3 of my payment. Now this is due to each time the caster made my jewellery over again due to them being faulty they charge for the Silver they start with at the beginning of the process. Due to losses during casting and then removal of sprues and final polishing etc. about 1/3 of the weight of the Silver is lost by the final product. So every time they have remade the jewellery the invoice includes the 1/3 of the Silver that gets lost.

    Do you think I should have to pay for the Silver they lost during casting each time they remade these items? Bearing in mind I now have nothing to sell as the last faulty lot have been returned for a refund. And each time the same casting fault is present which is not my fault in any way, they are faulty castings by the casting company. Should I take them to small claims court for these charges as I have nothing to show for this money and they are the ones that produced faulty goods for me?

  • #2
    No. They cannot expect you to pay for their faulty work. If they refuse a refund say ' fine, well I'll just file papers online with the county court and you'll have all the fees to pay as well'
    This charging for sprues etc seems a bit slapdash in any case- do they not collect the lemul (is that the spelling)
    They also owe you for postage and any other expenditure (phone calls).

    Comment


    • #3
      I think trading standards say that if an article is" Not of merchantable quality" when sold, eg. not fit for the purpose of its design, or will not do what you bought it to do then you are entitled to a refund. This I believe is what is called your "Statuary rights" . The term "not of merchantable quality" is the key to unlock the door as it is (I am 90% sure) a condition set out in the sale of goods act which is the document that you need to read and refer to in this case. I agree with Pearlescence by referring it to the small claims court where a judgement will be made but I think you generally represent yourself so a little familiarity of the act will be a good idea and is also the guideline that the court should follow...because it is an act! The point to consider though..was this in the terms and conditions of the sale, is it in the smallprint, if not..why not? This may be what the court would most likely ask the caster. If it is in the T & C then you may not have a case. All the best with this one and keep us posted..Dave.

      Comment


      • #4
        This is a mixed goods and service contract (merchantable quality was under the old law, and does not now apply)
        A court can override any terms and conditions in any consumer contract via the Unfair Terms in Consumer Contracts regulation which succeeds the Unfair Contracts Terms Act.
        Small claims actions can be easily filed electronically and an actual hearing is very unusual.
        (I used to teach all this this stuff at university before I got a life)

        Comment


        • #5
          Thanks for the help and advice.
          Pearlescence. Does it make any difference that it is a mixed goods and service contract? As even though they have performed the service ie. the Casting it was performed incorrectly resulting in a defective final product.

          There was no contract and no terms supplied or on their website, the only part of any terms they stated in an email to us was that the goods were the property of them (the Casters) until paid for in full. All contact and instructions were by email or telephone.

          And yes the sprues and Silver they claim as being lost is mostly able to be collected by them during the various processes and sold as scrap (so they are earning money by charging for this so called "lost" Silver on all jobs).

          How is a Small Claims Court case settled if it does not go to a hearing?


          Originally posted by Pearlescence View Post
          This is a mixed goods and service contract (merchantable quality was under the old law, and does not now apply)
          A court can override any terms and conditions in any consumer contract via the Unfair Terms in Consumer Contracts regulation which succeeds the Unfair Contracts Terms Act.
          Small claims actions can be easily filed electronically and an actual hearing is very unusual.
          (I used to teach all this this stuff at university before I got a life)

          Comment


          • #6
            No, it means that they have to perform the service to proper industry standard. - in this case it is the service which is at fault, presumably the silver quality is not an issue
            How is the case settled?
            You send a formal 'letter before action' by snail signed for to their registered ltd co address (and if not on website they are breaking the law right there) setting out your grievance and saying you will file a cc action without further notice if they do not send £x in full settlement within say 14 days (may need adjusting because of Christmas hol - write it so you come over as very reasonable and sane - point out about them charging you for stuff they can reclaim, unless everyone in the industry does that it is not going to impress a judge.
            Hopefully they send money if not -
            you file the claim either online or on paper at the court office - v easy. pay small fee
            they respond and either pay up then and there with your costs so far (court fees etc) or file a defence
            judge decides case - this means you have a judgement which you enforce and they either pay up or lose their credit rating
            you can send in bailiffs to seize goods etc etc etc.

            Comment


            • #7
              Thanks, the small claims route seems simple enough.
              I will send the formal letter and see how they respond to that.

              As a side note they have returned the moulds to me that they made (at my cost) for the item I had cast and I have had these inspected by another caster. The other caster has stated that the moulds have been setup totally wrong for this type of item and that in his opinion there would always be a weakness at the point where the fault was occuring. So it seems they was casting it all wrong and that is the reason for this problem.

              Originally posted by Pearlescence View Post
              No, it means that they have to perform the service to proper industry standard. - in this case it is the service which is at fault, presumably the silver quality is not an issue
              How is the case settled?
              You send a formal 'letter before action' by snail signed for to their registered ltd co address (and if not on website they are breaking the law right there) setting out your grievance and saying you will file a cc action without further notice if they do not send £x in full settlement within say 14 days (may need adjusting because of Christmas hol - write it so you come over as very reasonable and sane - point out about them charging you for stuff they can reclaim, unless everyone in the industry does that it is not going to impress a judge.
              Hopefully they send money if not -
              you file the claim either online or on paper at the court office - v easy. pay small fee
              they respond and either pay up then and there with your costs so far (court fees etc) or file a defence
              judge decides case - this means you have a judgement which you enforce and they either pay up or lose their credit rating
              you can send in bailiffs to seize goods etc etc etc.

              Comment


              • #8
                Nice of them to return the evidence and sounds like you have an expert opinion to back up your case. job done.
                Keep the letter clear and matter of fact (remember it might be seen by a judge eventually)

                Comment


                • #9
                  I worked for a high end, high street jewellers for a while and porosity in castings was always a problem, I had assumed it was part and parcel of the casting process? We never sent stuff back but just sent it up to our workshop to be corrected. However, as you have another caster stating that it has been set up wrong you may indeed have a case. I would personally try to learn the ins and outs of how to correctly set up castings if you can so you are well versed in the area and also seek a 2nd caster to back up the statment of the 1st one, otherwise it's just one casters word against anothers, but if it is two against one it will hold more water etc etc. However, Mizgeorge will know more about this I'd have thought so it may be worth sending her a PM.
                  www.belovedly.co.uk
                  www.mybelovedlylife.blogspot.com
                  www.belovedly.folksy.com

                  Belovedly facebook group

                  Comment


                  • #10
                    One independent extert opinion will be sufficent for a small claims action - and they have helpfully given back all the evidence!
                    Most small claims are a paper process..perhaps one in a thousand will start to go to a hearing and then one in a thousand of those will actually go to a hearing. You will not need two experts. Especially given the extraordinary pricing struture which, unless the castng company can demonstrate that it is the industry norm, will, I am sure, raise a udge's eyebrows

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