Need Advice - Diamond Dealer won't honor return policy

[Gypsy]

And it's over deep too. Oy.

It just gets worse and worse.

 

[enbcfsobe]

It is important to know the rules about recording conversations before you try this as a consumer. If NY is a one-party consent state that's fine, but if not it can get you into trouble (or at the very least could keep the recording from being used in a court proceeding).

Molly thanks for the explanation about the filing fees -- I'm kind of horrified that the JVC charges money for its services!! I haven't bought in NYC before, but having a filing fee higher than small claims court seems like it would have a chilling effect on complaints.

 

[MollyMalone]

It is important to know the rules about recording conversations before you try this as a consumer. If NY is a one-party consent state that's fine, but if not it can get you into trouble (or at the very least could keep the recording from being used in a court proceeding).

Molly thanks for the explanation about the filing fees -- I'm kind of horrified that the JVC charges money for its services!! I haven't bought in NYC before, but having a filing fee higher than small claims court seems like it would have a chilling effect on complaints.

I wouldn't have suggested it if I weren't certain that NY is a 1 party- consent state; most states are:
http://www.aapsonline.org/judicial/telephone.htm
(And instead of making a surreptitious audio recording, DJ might decide there could be some leverage in the phone being used to create a video recording & making the owner aware that their interaction is being documented in that fashion.)

The various fees charged by NYC's Civil Court (for lawsuits claiming damages of up to $25,000) or its Supreme Courts (for equitable actions & for lawsuits claiming damages of more than $25,000) add up to more than than JVC's fee for mediation services. Plus, JVC isn't subsidized by taxpayers & JVC wasn't set up as a consumer group; the mediation service is an ancillary aspect of its mission.

Membership in JVC isn't limited to those in the trade in NYC, so for your convenience -- and that of any other interested readers -- here's JVC's searchable & sortable membership roster:
http://www.jvclegal.org/JVCmembers/index.html
Looking to see if a retailer (and if a so-called "wholesaler" is selling to consumers, he is indeed a retailer) has the JVC logo is something my former father-in-law, who was in the trade, always recommended.

 

[MollyMalone]

One more question for you, DJ: did you pay the bulk of the purchase price in cash because the guy said if you paid him that way he wouldn't charge you sales tax; is sales tax reflected on your sales receipt? If he's not charging sales taxes (and therefore, presumably not paying those forward) & is hiding income by failing to report cash revenues, those are things that the IRS & State and City authorities want to know about. So might be an avenue for you to consider on down the line.

 

[DJHoliday]

One more question for you, DJ: did you pay the bulk of the purchase price in cash because the guy said if you paid him that way he wouldn't charge you sales tax; is sales tax reflected on your sales receipt? If he's not charging sales taxes (and therefore, presumably not paying those forward) & is hiding income by failing to report cash revenues, those are things that the IRS & State and City authorities want to know about. So might be an avenue for you to consider on down the line.

That is standard practice there as far as I know. There is a cash price and a credit price. He mentioned nothing about taxes. My receipt has 1 price on it without an itemized breakdown in taxes. It is just one round number written on a customized "guaranteed bond" receipt. I always assumed that the cash price was less because of credit card fees but it could be for any reason. It wasn't specifically mentioned. I paid less than a tenth of the value with a credit card as a deposit.

 

[DJHoliday]

It is important to know the rules about recording conversations before you try this as a consumer. If NY is a one-party consent state that's fine, but if not it can get you into trouble (or at the very least could keep the recording from being used in a court proceeding).

Molly thanks for the explanation about the filing fees -- I'm kind of horrified that the JVC charges money for its services!! I haven't bought in NYC before, but having a filing fee higher than small claims court seems like it would have a chilling effect on complaints.

I wouldn't have suggested it if I weren't certain that NY is a 1 party- consent state; most states are:
http://www.aapsonline.org/judicial/telephone.htm
(And instead of making a surreptitious audio recording, DJ might decide there could be some leverage in the phone being used to create a video recording & making the owner aware that their interaction is being documented in that fashion.)

The various fees charged by NYC's Civil Court (for lawsuits claiming damages of up to $25,000) or its Supreme Courts (for equitable actions & for lawsuits claiming damages of more than $25,000) add up to more than than JVC's fee for mediation services. Plus, JVC isn't subsidized by taxpayers & JVC wasn't set up as a consumer group; the mediation service is an ancillary aspect of its mission.

Membership in JVC isn't limited to those in the trade in NYC, so for your convenience -- and that of any other interested readers -- here's JVC's searchable & sortable membership roster:
http://www.jvclegal.org/JVCmembers/index.html
Looking to see if a retailer (and if a so-called "wholesaler" is selling to consumers, he is indeed a retailer) has the JVC logo is something my former father-in-law, who was in the trade, always recommended.

Thanks for the idea as well. I have sent a certified letter demanding a return based on the guarantee, in addition to attaching a copy of the guarantee, and a portion of the appraisal detailing the appraisal value and official statements of it. He also has an email where I can attach copy and send it for the record. As for going down and recording him? I'm not sure I am even going to get him to talk to me again in person - I'm not even sure they'd let me in the store to be honest. This isn't a Jared Jewelry type store in a strip mall where I can just walk in without permission from the doorman or the owner.

 

[MollyMalone]

Even if he doesn't respond to your Certified Mail letter, think about whether you next want to propose (before your 30 days is up) a compromise on the refund amount.
Did you send him the link to this PS thread? I'm reluctant to add something else if he might now be reading it, and PS doesn't offer us the ability to private-message each other.

P.S. Yes, he should have itemized out the sales tax even when giving a discount for a cash purchase since you were not a customer with a sales tax exemption certificate. He's expected to collect & forward sales taxes from non-exempt customers regardless of the method of payment.

 

[DJHoliday]

Even if he doesn't respond to your Certified Mail letter, think about whether you next want to propose (before your 30 days is up) a compromise on the refund amount.
Did you send him the link to this PS thread? I'm reluctant to add something else if he might now be reading it, and PS doesn't offer us the ability to private-message each other.

P.S. Yes, he should have itemized out the sales tax even when giving a discount for a cash purchase since you were not a customer with a sales tax exemption certificate. He's expected to collect & forward sales taxes from non-exempt customers regardless of the method of payment.

I haven't done anything more than ask for a refund in person, sent a certified demand letter which he should receive tomorrow, and an email to the JVC. So no, I haven't sent the link to him or done anything else.

Thanks for the information on taxes, and I understand what you are saying in terms of bringing that up but how he pays his taxes is none of my business and unrelated to my issue at hand as far as I am concerned and not a path I would want to follow.

 

[MollyMalone]

I suspect you'll take a beating if you have to sell the stone yourself, in addition to that being a PIA. So that's why I've suggested the fall-back compromise (return & refund of appraised value) in the fervent hope he takes you up on that -- and does not require you to sign an Agreement, whereby you forfeit the possibility of suing him, as a condition of making the partial refund.

I wasn't thinking of the tax angle as a to-do for today. But if I were in your shoes, once my own concerns were behind me, I'd have no qualms about trying to put screws to this guy by reporting him to the tax authorities (you wouldn't be putting yourself in hot water by doing so).

fyi: contrary to the opinions voiced by some in this thread, I'm not convinced that he has committed cognizable fraud by selling you a diamond with an EGL report. What you've ended up with is (so far as I can tell) indeed the stone that is the subject of the EGL report. And I don't know of any successful civil lawsuits or criminal convictions predicated on the theory that no one should be selling diamonds with EGL reports.

A track record of refusing to honor his own refund policy, however, could make out a "scheme to defraud" or wrongful trade practices. That's why I suggested asking JVC if they've kept records on other, similar complaints about this guy. But such a theory would have nothing to do with the stones sold.

Contact info re NY County DA's Office, Financial Frauds Bureau here:
http://manhattanda.org/node/174/21

Contact and consumer complaint-filing Info from NYS Attorney General's Office for you:
http://www.ag.ny.gov/bureau/consumer-frauds-bureau
http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

 

[DJHoliday]

I suspect you'll take a beating if you have to sell the stone yourself, in addition to that being a PIA. So that's why I've suggested the fall-back compromise (return & refund of appraised value) in the fervent hope he takes you up on that -- and does not require you to sign an Agreement, whereby you forfeit the possibility of suing him, as a condition of making the partial refund.

I wasn't thinking of the tax angle as a to-do for today. But if I were in your shoes, once my own concerns were behind me, I'd have no qualms about trying to put screws to this guy by reporting him to the tax authorities (you wouldn't be putting yourself in hot water by doing so).

fyi: contrary to the opinions voiced by some in this thread, I'm not convinced that he has committed cognizable fraud by selling you a diamond with an EGL report. What you've ended up with is (so far as I can tell) indeed the stone that is the subject of the EGL report. And I don't know of any successful civil lawsuits or criminal convictions predicated on the theory that no one should be selling diamonds with EGL reports.

A track record of refusing to honor his own refund policy, however, could make out a "scheme to defraud" or wrongful trade practices. That's why I suggested asking JVC if they've kept records on other, similar complaints about this guy. But such a theory would have nothing to do with the stones sold.

Contact info re NY County DA's Office, Financial Frauds Bureau here:
http://manhattanda.org/node/174/21

Contact and consumer complaint-filing Info from NYS Attorney General's Office for you:
http://www.ag.ny.gov/bureau/consumer-frauds-bureau
http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

Thanks for the help, Molly. I don't have a problem that EGL grades diamonds and people sell them. The problem is his failure to honor his written return policy when I have met the terms for a refund as clear as can be. Thanks again.

 

[MollyMalone]

Hope you'll update us on what happens this week, we're all rooting for you!
If you strike out with him, may I suggest that you go to the Financial Frauds Bureau @ the DA's Office; even if they don't open a case on the spot, one of the detectives/investigators there may be willing to call the guy on your behalf.
Good luck!!

 

[Rockdiamond]

Molly
Thank you very much for adding your expertise to the thread. It makes a huge difference because you've removed so much speculation

 

[Texas Leaguer]

I suspect you'll take a beating if you have to sell the stone yourself, in addition to that being a PIA. So that's why I've suggested the fall-back compromise (return & refund of appraised value) in the fervent hope he takes you up on that -- and does not require you to sign an Agreement, whereby you forfeit the possibility of suing him, as a condition of making the partial refund.

I wasn't thinking of the tax angle as a to-do for today. But if I were in your shoes, once my own concerns were behind me, I'd have no qualms about trying to put screws to this guy by reporting him to the tax authorities (you wouldn't be putting yourself in hot water by doing so).

fyi: contrary to the opinions voiced by some in this thread, I'm not convinced that he has committed cognizable fraud by selling you a diamond with an EGL report. What you've ended up with is (so far as I can tell) indeed the stone that is the subject of the EGL report. And I don't know of any successful civil lawsuits or criminal convictions predicated on the theory that no one should be selling diamonds with EGL reports.

A track record of refusing to honor his own refund policy, however, could make out a "scheme to defraud" or wrongful trade practices. That's why I suggested asking JVC if they've kept records on other, similar complaints about this guy. But such a theory would have nothing to do with the stones sold.

Contact info re NY County DA's Office, Financial Frauds Bureau here:
http://manhattanda.org/node/174/21

Contact and consumer complaint-filing Info from NYS Attorney General's Office for you:
http://www.ag.ny.gov/bureau/consumer-frauds-bureau
http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

Thanks for the help, Molly. I don't have a problem that EGL grades diamonds and people sell them. The problem is his failure to honor his written return policy when I have met the terms for a refund as clear as can be. Thanks again.

Agreed. The whole piece about EGL and overgrading is really a seperate ethical issue. From your description of this guy's attitude and behaviour, he is a sleaze bag. He is refusing to honor his published return policy, which was a key consideration in your purchase. If he sold you a GIA diamond that for some reason did not appraise for what you paid, you would likely be in the very same position.

And Molly, correct me if I am wrong, but from a legal perspective it should not matter in this case if there is a pattern of deception (which there probably is). Although, I am sure that the authorities will take a much greater interest in the case if that can be demonstrated.

 

[MollyMalone]

* * * And Molly, correct me if I am wrong, but from a legal perspective it should not matter in this case if there is a pattern of deception (which there probably is). Although, I am sure that the authorities will take a much greater interest in the case if that can be demonstrated.

* NY's Penal Law criminalizes the obtaining of money or other property via a false promise, but those kinds of larcenies may be prosecuted only in conjunction with a charge of Scheme to Defraud in the First or Second Degree -- either of which requires proof of a pattern.
http://ypdcrime.com/penal.law/article155.htm#p155.05
http://ypdcrime.com/penal.law/article190.htm#p190.60
Plus, by legislative fiat:
In any prosecution for larceny based upon a false promise, the defendant`s intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant`s intention or belief that the promise would not be performed.
-- Penal Law §155.05(d) [that "excluding to a moral certainty" requirement is not a low hurdle].

The NYS Legislature didn't want to render people subject to criminal prosecution when there may be a more benign explanation. Your Penal Code there in Texas similarly provides, in its definition of "deception" in the Theft chapter, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

* DJ, if you go to the Manhattan DA's Office, don't hesitate to draw their attention to the fact that sales tax was not itemized.

 

[DJHoliday]

* * * And Molly, correct me if I am wrong, but from a legal perspective it should not matter in this case if there is a pattern of deception (which there probably is). Although, I am sure that the authorities will take a much greater interest in the case if that can be demonstrated.

* NY's Penal Law criminalizes the obtaining of money or other property via a false promise, but those kinds of larcenies may be prosecuted only in conjunction with a charge of Scheme to Defraud in the First or Second Degree -- either of which requires proof of a pattern.
http://ypdcrime.com/penal.law/article155.htm#p155.05
http://ypdcrime.com/penal.law/article190.htm#p190.60
Plus, by legislative fiat:
In any prosecution for larceny based upon a false promise, the defendant`s intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant`s intention or belief that the promise would not be performed.
-- Penal Law §155.05(d) [that "excluding to a moral certainty" requirement is not a low hurdle].

The NYS Legislature didn't want to render people subject to criminal prosecution when there may be a more benign explanation. Your Penal Code there in Texas similarly provides, in its definition of "deception" in the Theft chapter, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

* DJ, if you go to the Manhattan DA's Office, don't hesitate to draw their attention to the fact that sales tax was not itemized.

Upon further research, it appears the owner was arrested many years ago for misrepresenting diamonds. I didn't do any further research on the case, but it appears that favored appraisals were used to inflate values of said diamonds if the customer was uneasy about a purchase.

 

[Texas Leaguer]

* * * And Molly, correct me if I am wrong, but from a legal perspective it should not matter in this case if there is a pattern of deception (which there probably is). Although, I am sure that the authorities will take a much greater interest in the case if that can be demonstrated.

* NY's Penal Law criminalizes the obtaining of money or other property via a false promise, but those kinds of larcenies may be prosecuted only in conjunction with a charge of Scheme to Defraud in the First or Second Degree -- either of which requires proof of a pattern.
http://ypdcrime.com/penal.law/article155.htm#p155.05
http://ypdcrime.com/penal.law/article190.htm#p190.60
Plus, by legislative fiat:
In any prosecution for larceny based upon a false promise, the defendant`s intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant`s intention or belief that the promise would not be performed.
-- Penal Law §155.05(d) [that "excluding to a moral certainty" requirement is not a low hurdle].

The NYS Legislature didn't want to render people subject to criminal prosecution when there may be a more benign explanation. Your Penal Code there in Texas similarly provides, in its definition of "deception" in the Theft chapter, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

* DJ, if you go to the Manhattan DA's Office, don't hesitate to draw their attention to the fact that sales tax was not itemized.

Upon further research, it appears the owner was arrested many years ago for misrepresenting diamonds. I didn't do any further research on the case, but it appears that favored appraisals were used to inflate values of said diamonds if the customer was uneasy about a purchase.

Base upon what you have already told us, I'm sure nobody here is surprised! But that should help build the "pattern of deception" piece of the case that Molly explained.
That info is encouraging, although not in the best way. If he is a hardcore ripoff artist, he is probably not be inclined to negotiate with his victims. But at least you may be swinging a bigger stick in a court of law given his priors.

 

[John P]

Molly
Thank you very much for adding your expertise to the thread.

I'd like to echo this. Your experience, knowledge and time have value. Thank you for contributing them here as a generous courtesy... Whenever I think I've seen all the ways Pricescope can help consumers and pros alike, something new happens to raise the bar again.

 

[enbcfsobe]

Molly, can you clarify whether the "pattern" element is required for the OP to bring a civil case?

 

[Gypsy]

Molly, can you clarify whether the "pattern" element is required for the OP to bring a civil case?

It's not going to be required. But it is a good thing to have.

 

[MollyMalone]

Molly, can you clarify whether the "pattern" element is required for the OP to bring a civil case?

Here's the reality. If Mr. Sleaze Bucket doesn't give DJ a full or partial refund in exchange for the diamond's return & if DJ isn't happy with whatever decision the DA's Office and the AG's Office may make about opening a case,
* then DJ is stuck with holding on to the stone during the pendency of any civil litigation in either NY County's Civil Court or Supreme Court;
* we have no real reason to think that this guy would quickly capitulate upon receiving DJ's initiating papers;
* civil litigation doesn't move at a good pace here in NYC's Supreme and Civil Courts under the best of circumstances (a major reason I hated it) & it seems likely that this guy's lawyer will "paper" DJ up the wazoo.

So before DJ sets his sights on going that route, I'd recommend that he confer with one or more local attorneys knowledgeable in this particular area of civil law & who can give him a truly informed idea of what lies ahead... substantive theories/merits (e.g., must the case be filed in Suprene Court because the best case for DJ rests in equity?), how backed up the dockets are in the Parts where such a Civil or Supreme Court case would be assigned, lawyer fee arrangements, etc.

I am not that person: I have not done civil litigation -- other than that entwined with NY criminal litigation (such as federal habeas corpus proceedings, subpoena contests, special proceedings for writs of mandamus) -- since early in my career. So I'm going to decline to venture an opinion on a civil lawsuit beyond the Small Claims Court possibility, were DJ to get a refund in the amount of the appraised value, I suggested up-thread.

DJ, here's the home page re the City Bar Association's various services for those seeking lawyerly assistance:
http://www.nycbar.org/get-legal-help/our-services/

 

[MollyMalone]

Molly
Thank you very much for adding your expertise to the thread.

I'd like to echo this. Your experience, knowledge and time have value. Thank you for contributing them here as a generous courtesy... Whenever I think I've seen all the ways Pricescope can help consumers and pros alike, something new happens to raise the bar again.

Awww, I'm blushing... but thank you both for your kind words!

 

[DJHoliday]

The dealer phoned me upon receiving my demand letter and said he wanted to settle this without things getting out of hand. He offered a refund with a 20 percent restocking fee (a restocking fee is nowhere to be found in the guaranty on the receipt). I declined and then he said he would refund the money for a $1000 restocking fee. I declined again. He kept telling me how my diamond should have appraised for twice the appraisal value and IGI would have appraised it for that. He said to think about it and call him back. I told him that my next step is the JVC and he said, "go ahead, they won't take this case." Yet, they reviewed my materials and are ready to help.

 

[Texas Leaguer]

The dealer phoned me upon receiving my demand letter and said he wanted to settle this without things getting out of hand. He offered a refund with a 20 percent restocking fee (a restocking fee is nowhere to be found in the guaranty on the receipt). I declined and then he said he would refund the money for a $1000 restocking fee. I declined again. He kept telling me how my diamond should have appraised for twice the appraisal value and IGI would have appraised it for that. He said to think about it and call him back. I told him that my next step is the JVC and he said, "go ahead, they won't take this case." Yet, they reviewed my materials and are ready to help.

Excellent. Sounds like you are on the road to recovery!

Here is one "glass half full" way to look at this: let's say you end up negotiating some sort of restocking fee (I am not saying you should necessarily - it was not part of the agreement). But let's say you decide it is better to pay something that have a drawn out saga with someone I'm guessing you probably detest at this point.

You will hopefully go back into the market and make a much better deal armed with the knowledge you have acquired in this process. Think of it as a Berlitz course in diamonds. But now you speak the language.

I have paid dearly for some of the lessons I have learned in my career. It turns out there just are not many cheap lessons in the diamond business. (for that matter Berlitz is not all that cheap either)

Looking forward to more good news.

 

[ame]

If they legitimately said they are willing to help, I would've probably said "actually they reviewed the materials I submitted and said they're ready to help. The only way we can resolve this is a full refund. Cash or credit (however you paid.)"

 

[John P]

He kept telling me how my diamond should have appraised for twice the appraisal value and IGI would have appraised it for that.

IGI's Appraisal-Reports which include a value are notoriously inflated and famously misused by salespeople to demonstrate what a "bargain" a piece is.

For DJ Holiday: IGI New York has stated that the value on these "Appraisal-Reports" is a Peak-Insurance-Replacement value. That means they're printing what it might cost in an Aspen ski-shop, a casino shop in Dubai, or delivered to your honeymoon suite at the Prague Four Seasons from their lobby's jewelry store. They've regularly said that jewelers misusing their printed value is something that is out of their hands.

An aside for regular readers: The New York office of IGI is their only lab location that issues those reports. Their other global locations don't engage in such nonsense. It's unfortunate because, in the global picture, IGI loose diamond grading reports are strict and consistent. But we must be vigilant in the USA because the output of those "Appraisal Reports" eclipses the output of their reliable loose diamond reports here.

 

[DJHoliday]

If they legitimately said they are willing to help, I would've probably said "actually they reviewed the materials I submitted and said they're ready to help. The only way we can resolve this is a full refund. Cash or credit (however you paid.)"

I learned this after I had gotten off of the phone with him. I would have replied with the above had I known it at the time.

 

[DJHoliday]

The dealer phoned me upon receiving my demand letter and said he wanted to settle this without things getting out of hand. He offered a refund with a 20 percent restocking fee (a restocking fee is nowhere to be found in the guaranty on the receipt). I declined and then he said he would refund the money for a $1000 restocking fee. I declined again. He kept telling me how my diamond should have appraised for twice the appraisal value and IGI would have appraised it for that. He said to think about it and call him back. I told him that my next step is the JVC and he said, "go ahead, they won't take this case." Yet, they reviewed my materials and are ready to help.

Excellent. Sounds like you are on the road to recovery!

Here is one "glass half full" way to look at this: let's say you end up negotiating some sort of restocking fee (I am not saying you should necessarily - it was not part of the agreement). But let's say you decide it is better to pay something that have a drawn out saga with someone I'm guessing you probably detest at this point.

You will hopefully go back into the market and make a much better deal armed with the knowledge you have acquired in this process. Think of it as a Berlitz course in diamonds. But now you speak the language.

I have paid dearly for some of the lessons I have learned in my career. It turns out there just are not many cheap lessons in the diamond business. (for that matter Berlitz is not all that cheap either)

Looking forward to more good news.

I tried to tell him that I would give him the fee I'd have to pay to the JVC if I proceeded with them - 150$, as a restocking fee. He declined.

 

[DJHoliday]

He kept telling me how my diamond should have appraised for twice the appraisal value and IGI would have appraised it for that.

IGI's Appraisal-Reports which include a value are notoriously inflated and famously misused by salespeople to demonstrate what a "bargain" a piece is.

For DJ Holiday: IGI New York has stated that the value on these "Appraisal-Reports" is a Peak-Insurance-Replacement value. That means they're printing what it might cost in an Aspen ski-shop, a casino shop in Dubai, or delivered to your honeymoon suite at the Prague Four Seasons from their lobby's jewelry store. They've regularly said that jewelers misusing their printed value is something that is out of their hands.

An aside for regular readers: The New York office of IGI is their only lab location that issues those reports. Their other global locations don't engage in such nonsense. It's unfortunate because, in the global picture, IGI loose diamond grading reports are strict and consistent. But we must be vigilant in the USA because the output of those "Appraisal Reports" eclipses the output of their reliable loose diamond reports here.

Thanks. This is great information. So clear to see why he would have recommended them in this instance. He suggested IGI and EGL's service which is UGS, I think. he also claimed that EGL USA is a great lab and univolved with the Rapaport dismissal. Which is flat out wrong from my research... Rapaport did ban EGL USA as well.

 

[Texas Leaguer]

The dealer phoned me upon receiving my demand letter and said he wanted to settle this without things getting out of hand. He offered a refund with a 20 percent restocking fee (a restocking fee is nowhere to be found in the guaranty on the receipt). I declined and then he said he would refund the money for a $1000 restocking fee. I declined again. He kept telling me how my diamond should have appraised for twice the appraisal value and IGI would have appraised it for that. He said to think about it and call him back. I told him that my next step is the JVC and he said, "go ahead, they won't take this case." Yet, they reviewed my materials and are ready to help.

Excellent. Sounds like you are on the road to recovery!

Here is one "glass half full" way to look at this: let's say you end up negotiating some sort of restocking fee (I am not saying you should necessarily - it was not part of the agreement). But let's say you decide it is better to pay something that have a drawn out saga with someone I'm guessing you probably detest at this point.

You will hopefully go back into the market and make a much better deal armed with the knowledge you have acquired in this process. Think of it as a Berlitz course in diamonds. But now you speak the language.

I have paid dearly for some of the lessons I have learned in my career. It turns out there just are not many cheap lessons in the diamond business. (for that matter Berlitz is not all that cheap either)

Looking forward to more good news.

I tried to tell him that I would give him the fee I'd have to pay to the JVC if I proceeded with them - 150$, as a restocking fee. He declined.

OK, so the good news is that it seems you are now in a negotiation (as opposed to being outside looking in while this guy runs and hides). And the delta appears to be $850. I would be thinking what part of that 850 you are willing to swallow so that you can move on with your life. Granted, the guy does not deserve a penny. But that is not the issue at this point. It's about you and where you want to put your time and energy. Dealing with creeps can be costly from a personal perspective.

 

[MollyMalone]

Doesn't JVC's mediation service require his cooperation and participation; any reason to think Mr. Sleaze Bucket won't just thumb his nose at JVC's invite?

I'd be thinking "a [good-sized] bird in the hand is worth two in the bush" & take him up on his last offer, assuming the refund was (a) being paid in a means acceptable to me, and (b) an unconditional one (didn't require me to sign an Agreement forfeiting, e.g., my right to sue him for the so-called "restocking fee" so I'd have that as an option if I decided I wanted to head into Small Claims Court). But I gather that doesn't hold appeal for you.