Need some legal help, general help

[Kash]

Hi guys, so, here is the scoop. A long time back i arranged and paid for a deal that involved a lot of jewellery and a Pepsi for me. All was good, jewellery collected and when the Pepsi arrived it was kept in the safe as in the next few week another watch I ordered was to arrive and I’d collect both.


Well now the story gets fun. Other watch doesn’t arrive, well it does but it’s allocated to someone else, and my usual contact leaves the business.... so I’m left. I speak to the team all’s well but on trying to collect the watch thats been kept for me and I’d paid for (jewellery was collected before) they are not keen and say no, want to refund me.

What can it do? They forced me to a refund but surely that watch was already mine?

Legal help needed please.

Thanks

[hughtrimble]

I'm not sure you'd have a leg to stand on given they're giving you your money back for what they can no longer provide.

I'd push for a return and refund on the jewellery just to stick them at their own game.

[Kash]

Well that have the watch they kept it waiting for me to collect. When I did that’s when they said no. So either they unwind the whole deal or deliver what I’ve paid for and they had in the safe.

That’s my point. The watch was in their safe for 8 weeks and they have confirmed it was there

[fraggle42]

Do you have a receipt for it? If so, it’s legally yours and they cannot force a refund.

If they won’t give it to you, that’s basically theft.

Speak to branch manager first, then maybe a solicitors letter or call police.


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[Raffe]

The 'jewellery' wasn't a Lange watch by any chance? Asking for a friend.

[kungfupanda]

Sue them in the Small Claims Track for specific performance of the contract that you entered into regards the Pepsi.

You entered into a contract and provided consideration for the watch. They haven’t provided it.

Send them a letter asking them for their address for service of legal or whether they wish to nominate solicitors to accept service on their behalf. Also, advise them that this is your formal notice of your intention to issue legal proceedings if the matter isn’t resolved within x number of days in accordance with the Civil Procedure Rules.

[Kash]

The 'jewellery' wasn't a Lange watch by any chance? Asking for a friend.

Erm no, It’s stuff a lady wears, you know in her ears or round her neck.

[tz-uk73]

If I read it right you’ve bought and paid for jewellery and the elusive Pepsi which they said was yours, and for whatever reason you didn’t collect for 2 weeks, but on trying to collect they said you now can’t have the pepsi and are offering to refund you that part of the sale?

I don’t know if that’s truly legal or not, but It doesn’t sound fair and doesn’t sound like they ever had the Pepsi to sell you. I would want a full refund on the jewellery too and would never deal with them again. If they do have the Pepsi and won’t let you have what you have paid for that’s on another level. I’m not sure even if they have it in the window and you’ve paid for it that they actually have to let you leave the shop with it. I believe selling it is at their discretion and if they offer you a refund (inc the jewellery) they are being lawful.

[demonloop]

Did they give any reason for not wanting to sell you the Pepsi? Maybe worried about it being flipped?

Strange behaviour that’s for sure.

[number2]

Two sides to every story, would be nice to have the other one as anything else is just speculation.

[Kash]

My questions was more about legal grounds, not a story.

They sold and took the money for jewellery and a watch. They had the watch for a few weeks as I couldn’t pick it up, but now have refund the watch.

Given I bought both can they force the refund?

That’s all.

[phil h]

Is there anything on paper to suggest that the completely separate deals were somehow linked? If not then it sounds like it was a gentleman’s handshake with someone who has no further say in the matter (and your Mrs gets some nice jewellery).

[Kash]

I have the WhatsApp messages with the ad manager, who has now left

[TKH]

Hi Kash

hope your well

I think if they had the watch they would let you have it, but they don't IMHO sold by one of the other team members, also the circumstances of 'his' departure might be interesting?.

If they have taken all of the money and provided invoice / receipts then the goods are yours held by them until collection.

poor form....ask for another to be sourced within xxxxx

failing that a full refund but i suspect you would rather have the watch !

reminds me of this case .

https://www.telegraph.co.uk/cars/new...-sold-his-car/

[Kash]

Interesting read, thanks for the info, appreciate it