Author Topic: A sad story that never seems to end  (Read 22448 times)

Offline clgwli

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A sad story that never seems to end
« on: October 28, 2010, 01:45:15 PM »
I volunteer at my church setting up music for the week and holidays.  So usually one day a week I go in and get my work done.  One of the ladies that works there got engaged about a year ago.  I walked in one day and saw the ring and she told me all about the proposal.  I was so happy for them.

Four days later she went home and showed off the ring.  That day the stone fell out somewhere never to be found.  It really was slightly amusing but she was feeling okay at that time because her fiance bought a stone from Red Box that was insured for a year.

Well the owner of the jewelry store kept giving them the run around.  Saying he was having issues with Red Box and all that, but he would get the stone replaced ASAP.  

Turns out he never turned in the paperwork for the insurance.  He failed to give them a written appraisal or a detailed receipt so they couldn't have done it either.  They were going to put it on her home owners insurance as well to at least cover the setting as that wasn't insured.  But again no written appraisal or detailed receipt was given to them, so they couldn't insure it.  Every time they had tried the guy said "oh I'll get it to you"

He's slime in my eyes.  No one should have to ask so many times for an appraisal/receipt.  And no one should be lied to like that.  He told them they'd get a replacement diamond but he was about to commit insurance fraud to get the diamond replaced for them.

A year later almost and my friend took him to court.  The court was backed up that day so they agreed to try to settle outside of court.  He began to lie during this 'hearing' and said she had hit the rings so hard that her hand bled, so of course a stone would fall out.  Funny thing is she never had that happen ;)

He closed up and decided not to try to settle and they rescheduled for what was supposed to be this week in court.

He asked for a postponement until the week of November 7th... exactly when he knew these two would be on their honeymoon.  He waited until the last minute to change the date too.

My friend had asked me for a couple local places where she could get her ring checked out.  Turns out the welding was done poorly.  The head for the cushion was actually two halves of a head soldered together.  The ring was worn for 4 days, yet when was cleaned recently after making a matching wedding band for it,  another stone fell out.  A pretty much never worn ring lost yet *another* stone.

The jeweler she is working with is the one I send my watches to for repair and they are well respected in this city for their work.  I'm not a huge fan of what they sell only because they cater to older people, but they are quality.

It shows too because they are loaning her a ring so she can wear it at her wedding and get the nice ring pictures.  It's in a temp setting too since they will not fix the ring until after the court date.  They are also going to testify on her behalf whenever court does happen.  

It's been just shy of a year now and this still isn't resolved.  I am heartsick for her since we are talking about a 1 carat stone that will take a lot of money to replace.  Of course I told her about here if she wanted to do online, but she needed a local person to be able to testify for her.  

I need to find time to go to this jeweler and scope them out.  I can't believe someone would treat a friend like that (the owner is friends with my friends fiance... or was at least).  It's downtown in an area with  no parking so I never get there much.  Her fiance is so upset too because who wants this on such a special gift?

They will be married next Saturday though.  I just keep hoping that they will get a good resolution on this soon.  
« Last Edit: October 28, 2010, 01:45:56 PM by clgwli »
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline oldmancoyote

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Re: A sad story that never seems to end
« Reply #1 on: October 28, 2010, 01:55:22 PM »
This stinks. I am starting to understand people who hire contract killers, or rough-up boys.

Offline DiamondsAreForever

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Re: A sad story that never seems to end
« Reply #2 on: October 28, 2010, 02:16:24 PM »
OK, OMC, keep the milk chocolate mafia at bay (for now, at least).
On a serious note, what a horrible thing to have happen and to get the run around from the person they bought the ring from.  I'm sure that if your friend has the documentation from the other jeweler documenting the poor construction, your friend will win the judgment.  Getting him to pay, on the other hand, may be another issue.  In New Jersey, at least, you can't force someone to pay.  I don't know what your friend's fiance paid for the ring, but in NJ, anything over $3000.00 cannot be filed in small claims court and has to go to district court.  Perhaps they should have an attorney handle this for them.

Offline oldmancoyote

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Re: A sad story that never seems to end
« Reply #3 on: October 28, 2010, 02:25:07 PM »
Death by chocolate. Full immersion. Now.

More seriously - what do you mean you cannot force them to pay? Surely the court can issue a lien on assets, force liquidation of the business or enforce collection from income (albeit perhaps in staggered payments)? Otherwise what value is a contract, if one party can not comply and the only remedy the other party gets is a piece of paper saying "You are right. Tough about the money"?
« Last Edit: October 28, 2010, 02:30:18 PM by oldmancoyote »

Offline clgwli

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Re: A sad story that never seems to end
« Reply #4 on: October 28, 2010, 02:40:04 PM »
Mmmmm chocolate....

Ohio has similar laws to NJ.  They are actually doing small claims court and hoping to get a decent portion of just the stone back from them.  Even though the setting will have to be re-worked, they are only wanting $3000 for the stone.  If they did full court they'd have to hire a lawyer and come up with money they don't have.  The value of the stone is more than that but they'd get enough back for a decent replacement stone.  I think she's going for a radiant since they are usually cheaper per carat than a cushion.  She just doesn't want a round or princess cut stone.

I'm not entirely sure how much they can force to pay.  I know it would be on record that they owe the money, but if they cough up who knows.  I do know the owner would have to pay interest on it as well, but again they aren't quite sure how much the owner can be forced to pay.

I do wish I could go rough them up ;)  Not really but even though I'm short, I'm not always nice and don't take well to BS.  I'd love to be not so nice in their store particularly if customers were there ;)
« Last Edit: October 28, 2010, 02:41:11 PM by clgwli »
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline DiamondsAreForever

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Re: A sad story that never seems to end
« Reply #5 on: October 28, 2010, 02:53:37 PM »
OMC, in NJ, the person who won the judgment would have to have an attorney file a lien on any property the "loser" has.  It takes alot to get the judge to do that here as part of the original case, probably a big money issue.

PS - hope you understood my allusion to chocolate, being that you live near a manufacturer, and in a country known for its chocolate. :easterbunny:
« Last Edit: October 28, 2010, 02:55:21 PM by DiamondsAreForever »

Offline clgwli

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Re: A sad story that never seems to end
« Reply #6 on: October 28, 2010, 02:59:22 PM »
Quote
WHAT CAN I DO IF THE
DEFENDANT FAILS TO PAY MY
CLAIM?
If you win your suit and the defendant
fails to pay you, other avenues of
relief may be open to you. You may
seek a garnishment of the defendantís
wages, an attachment of the
defendantís personal property or bank
account, or a judgment lien against
any real estate owned by the defendant.
Additional fees are required for
these procedures, and court personnel
can assist you with the paperwork
This is from our court's website.  I am not sure how garnishment works for this guy since he's the owner of the store.

The whole thing really makes me sick.  What kind of person would be this way to someone who was a friend no less.  It'd be one thing if the guy handed them the paperwork and said "good luck" but to hold off on all paperwork and not hand them the forms to send in?  That's crap IMO.

I know the moment I got Sunny in my hands I went online and insured immediately.  My friend tried to do the same with the setting, but couldn't since they didn't have paperwork and it kept getting put off by the owner of the store.

Makes you realize you need to have a jeweler you can trust.  I really have begun to realize that they are few and far between.  
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline GracefulLion

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Re: A sad story that never seems to end
« Reply #7 on: October 28, 2010, 08:19:53 PM »
This is a real shame, and small claims court is a major PITA.  In California you can go for up to $7000, and it still doesn't often make financial sense given how much you have to keep running after some parties.   

Another thing to think about:  if they do make it court, do they have any paperwork from the jeweler guaranteeing a replacement in the case of craftsmanship error?  If not, there is always the chance the judge will say, wow, this sucks, but accidents happen and it was your responsibility to make sure it was insured before you wore it out. 

I know that sucks, but sometimes it is just better to let these things go if he keeps messing around with court dates, etc.  It all depends on how much aggravation they can handle.  I hope they have beautiful wedding to replace this bad memory!

Offline clgwli

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Re: A sad story that never seems to end
« Reply #8 on: October 28, 2010, 09:05:45 PM »
I think they've found out how bad small claims court can be, even without stepping into the court already.

I'm not entirely sure what is in written about the guarantee, I really can't remember what was said in the beginning because she thougth her stone was insured when it was not.  At least the owner kept saying it was (I think even in e-mail).  I know his agruments now are "It was her fault the ring was damaged, not mine" 

So since that is his agrument he is sticking to, they are going to prove him wrong on that one. 

They realize they may never see a dime, but they figure they will give it a shot.  They tried about everything they could before this so this is their last shot.

Makes me feel very lucky that I do have people here that I can trust.  I realize I only have two things here from David, but I wouldn't ever hesitate to go back to him.  Even if it isn't diamons I figure if I want something out of precious metals, I'll ask him first.

I never ever appreciate being lied to by anyone, so that owner really irks the heck out of me!

I know if it were me and dealing with him, I'd have lost it with him more than once.
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline shiba

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Re: A sad story that never seems to end
« Reply #9 on: October 28, 2010, 09:41:23 PM »
Horrible.  Just horrible.

They will need to get as much paperwork together as they can, write down conversations, dates, everything.  They should be verifying with Red Box whether or not anything was submitted.  

I don't think it is about how the stone was lost, it is about the lack of insurance.  Unless there is a clause in the fine print about damage making the insurance null & void, it should be irrelevant.  He can argue it was her fault, but it depends what the Red Box insurance states.  I would argue that the jeweler had a duty to provide Red Box notification of sale, in order for the insurance to be in effect.  As per their emails (?) promise was made of this.  Since the jeweler failed to notify Red Box, he was negligent in his duties.
« Last Edit: October 28, 2010, 09:44:02 PM by shiba »

Offline oldmancoyote

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Re: A sad story that never seems to end
« Reply #10 on: October 29, 2010, 02:56:49 AM »
...and if there IS a clause stating that the insurance was not covering damage, she can prove that he was negligent by providing sub-standard work. At least in the UK you have a right to a seller providing goods of suitable quality and correctly described - she has witnesses to testify that what he provided wasn't either.

Offline clgwli

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Re: A sad story that never seems to end
« Reply #11 on: October 29, 2010, 07:17:10 AM »
I appreciate your guys' thoughts really.  I will show her this or at least take notes on this before she heads back to court whenever that will be.

She has verified with Red Box that the paperwork was never submitted though.  The owner IIRC did the same eventually and then tried to place the blame on them for not doing it after claiming it would be taken care of.

So Shiba, we are with you.  His lack of providing insurance that he told him he would do (and claimed had been done up until a few months after the stone was lost) is the number 1 issue they have with them. 

Since he has been arguing that it is her fault the stone fell out, they are using that angle as well.

I need to look up the consumer laws though I am sure they have as well.  I know I once did years ago when something bad happened and was going to take someone to court (they settled in a way I was comfortable with because I am mean and don't back down LOL) but I consider anythign pre-kids to be to long ago for my brain to remember.
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline saqsay1

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Re: A sad story that never seems to end
« Reply #12 on: October 29, 2010, 09:47:25 AM »
A simpler solution............ Judge Judy! that way, she can't lose. both plaintiff and defendant get paid from a fund with the amount awarded coming out of the losing parties payment. If you think I'm kidding, I'm not.
"If the US government were placed in control of the Sahara Desert, it would run out of sand in 25 years."

Offline clgwli

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Re: A sad story that never seems to end
« Reply #13 on: October 29, 2010, 04:25:02 PM »
You know I think I joked about that once... I wonder if she'd be willing to consider it if the local court doesn't work out.
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline djm195

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Re: A sad story that never seems to end
« Reply #14 on: October 30, 2010, 10:09:43 AM »
This whole story sucks and brings back alot of bad memories.

Okay....here's how the dirtbag can get away without paying a cent....he can file bankruptcy after the judgement.  Happened to me...embellzement scheme. Long story short, paid $80,000 in court to fight for a $325,000.00 theft, year out of my life with stress that nearly killed me. I won the case, the "company" went bankrupt and all I got was a piece of paper. 

In your first post you said he"closed up".  Did you mean he stopped talking or did he close up his store?

Offline clgwli

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Re: A sad story that never seems to end
« Reply #15 on: October 30, 2010, 10:30:38 AM »
Oh wow, I am so sorry about what happened to you.  I do worry that this guy could try to do something like that, but he has been in business 15 years which isn't bad for a business so I am not sure how stable he is.  But that is positively awful what you had to live through :(

When I said closed up, I meant in talking, not his store.  We'll see what happens come December if the guy actually comes to court or not.
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline Reninga

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Re: A sad story that never seems to end
« Reply #16 on: January 31, 2011, 11:09:02 AM »
What happened??

Offline clgwli

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Re: A sad story that never seems to end
« Reply #17 on: January 31, 2011, 11:48:49 AM »
Oops I forgot to update this.  They had to reschedule for earlier this month.  They went to court and have to wait up to 90 days to get the verdict in the mail.

She said at this point, she doesn't really care.  She wants it done with.  She doesn't think she'll ever see the money  no matter what, but she hopes this guy gets a verbal slap at least.

Now she can at least fix her ring so she can wear it.  Whether they put a real diamond or something else in it for the time beeing, she doesn't know.  Nor does she care.  But she will at least get this ring to the point where it should be wearable again.
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline Reninga

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Re: A sad story that never seems to end
« Reply #18 on: January 31, 2011, 05:29:22 PM »
Im so sorry for her.. scary situation.

Offline clgwli

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Re: A sad story that never seems to end
« Reply #19 on: January 31, 2011, 06:10:49 PM »
It's so sad, but hopefully she'll get something good out of it in the end.  If anything she will have a ring she can wear w/o worrying about the melee falling out or anything like that.

Hopefully come April I'll have a great update.
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline clgwli

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Re: A sad story that never seems to end
« Reply #20 on: April 28, 2011, 06:51:27 PM »
I don't know if anyone even remembers this, but my friend just got the letter in the mail.

THEY WON!!!!!!!!

Serves the slimeball right don't ya think?
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline DiamondsAreForever

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Re: A sad story that never seems to end
« Reply #21 on: April 28, 2011, 07:38:07 PM »
I hope your state is one that can force people to pay their judgements.  Or, they can put a lien on any property he owns. 

Offline clgwli

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Re: A sad story that never seems to end
« Reply #22 on: April 28, 2011, 08:02:19 PM »
DAF according to the website for court about judgments they can at least put a lien or garnish wages.  So hopefully somehow they will get the money.  She is really thrilled she can move on and get the setting fixed.  What stone they put in doesn't matter to her, but being able to move on and wear her set does matter. 

I am thrilled for them :)
Elaine aka Squiggly
elaine@diamondsbylauren.com

Offline DiamondsAreForever

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Re: A sad story that never seems to end
« Reply #23 on: April 28, 2011, 09:37:22 PM »
Have you turned her on to DBL?

Offline lovecolor

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Re: A sad story that never seems to end
« Reply #24 on: April 28, 2011, 10:22:36 PM »
Wow, I'm so glad that weasel of a jeweler (and so called friend) was proven wrong.  It's just a shame that he didn't have the decency to realize it himself.  I'm sure that he's lost more business from the way he handled it than he wants to admit.   And I hope that your friends do go on DBL's website to see what David can offer them.  There are so many beautiful engagement rings there...I'd been thinking that I need another "right" hand diamond ring (but not really), just because they are so darn pretty!!!   :laugh: