Huge Mixup!!! David K Jewelers vs. David Klass. Help!!!!

[Tourmaline]

So, what happened?!

 

[lxAsTrOxl]

I'd honestly have the wholesaler or someone else of trust show up with a police officer to retrieve your items.

I don't play very well with others who deliberately con people for money by faking to be someone else. This guy is a dirt bag from everything I've read so far.

 

[therainbowradish]

I have been waiting to comment until the items were recovered from him. The diamond is safe and is on its way being delivered to THE David Klass right now. As for my deposit, we will see. I have a few unheard messages from him that I don't have the nerve to listen too right now. Maybe after a glass of wine tonight lol...

 

[Acinom]

Glad your diamond is now with the real David Klass. I hope your money will be returned soon by the other jeweller. He will probably not risk his reputation

 

[diamondseeker2006]

Whew, that part is good. I assume your diamond seller said it went okay?

Good luck on the messages. I can understand being a little afraid to check them!

 

[therainbowradish]

It was tense but they refused to leave without my stuff. David Klass confirmed he has my stuff so that part is a huge relief. I am hoping the other guy will refund me and not risk his reputation.

 

[therainbowradish]

Turns out the message was simply asking me to call him. I want everything in writing though. He never said the deposit was nonrefundable. It was a lot of money and I want it back. He has not responded to my email requesting confirmation that the refund has been submitted.

My bank said they were happy to help but it will require a police report. Ideas?

 

[makeable]

Oh my goodness, this is totally something I would do. I would speak with him over the phone before I did anything. From the David K Jewelers website they've been in business for more than 18 years. I'm sure everything will work out.

 

[missy]

Turns out the message was simply asking me to call him. I want everything in writing though. He never said the deposit was nonrefundable. It was a lot of money and I want it back. He has not responded to my email requesting confirmation that the refund has been submitted.

My bank said they were happy to help but it will require a police report. Ideas?

Just catching up here. So David Klass now has the diamond correct? Did David Klass speak with the other David? Did you speak with anyone who said you would be receiving your deposit back from the wrong David? How long ago did you call him/email him and leave the message asking for confirmation of your refund? I would send another email marked urgent to him asking for immediate confirmation of the refund and I would also call him and leave a message if you cannot get him in person.

If you do not hear from him by this afternoon I would call the credit card company and ask for a charge back. Frankly, as soon as the other David realized he was not who you thought he was he should have aborted the whole process. However he did not so if it still is an "honest" mistake he would have responded to your request for a refund IMO. So I would be taking the more aggressive approach now because I would be pissed at how this mixup was kept alive by the other David not acknowledging he was not who you thought he was. Just my opinion and gut feeling.

As for the poster who said it could have been his assistant opening the package etc doesn't his assistant know his correct and full name? And there were multiple opportunities (from what I am reading here) where the wrong David should have realized he was not who rainbow thought he was yanno? No it doesn't feel right and while I am confident she will receive her deposit back it all leaves a bad taste in my mouth.

 

[madelise]

Please continue updating us. If you do not get a respectable refund, or an easy transaction of this refund, I'm sure more than a few of us can leave him Yelp reviews. I have Elite standing on Yelp, and I'm upset he even OPENED your package let alone said "yes" that he's David Klass. He knew what he was doing. This wasn't an "oopsies".

 

[marymm]

OP - I've read this entire thread - it is too bad that you got two jewelers mixed up so much; you must really have been confused!

I'm not sure why you don't also give the David K Jewelers the benefit of the doubt?

I understand you panicked but I'm not sure David K Jewelers did anything wrong - you reached out to them and continued the contact - IMHO the "david klass" references could be easily understood as (mistaken) references to "david k" - and the fact your photos were marked "david klass" I don't think would send up a red flag to anyone reading an email and looking at inspiration photos.

For sure I believe it likely was a difficult scenario at David K Jewelers when you had someone else (not you, the owner of the diamond) go there to retrieve your diamond.

* For other readers of this thread, especially when dealing with a vendor for the first time, it is so critical to have policies in writing before you send money to anyone *

I quickly looked at the David K Jewelers website and it does not appear to include any policies of any kind - unless you received a receipt or other documentation from them concerning your order stating your deposit was nonrefundable, you are in a good position to get your money back. Of course you have several options to pursue should there be trouble in that regard. But expecting instantaneous action I think is unrealistic.

Good luck.

 

[diamondseeker2006]

Turns out the message was simply asking me to call him. I want everything in writing though. He never said the deposit was nonrefundable. It was a lot of money and I want it back. He has not responded to my email requesting confirmation that the refund has been submitted.

My bank said they were happy to help but it will require a police report. Ideas?

Under no circumstances is it time to file anything like a police report! Give the guy a chance to do the refund. Call him back and be nice and send the same thing in email. I would tell him you are SO sorry that it was all your mistake and you are sorry for the misunderstanding and to have inconvenienced him, etc. I would say it is unfortunate that whoever opened the package with your stone did not catch the error in the name and contact you. But since there was a misunderstanding on both sides, you'd appreciate a quick refund so that the ringmaker you intended to use can start your project.

 

[therainbowradish]

Yes DiamondSeeker, what I meant to say was "other ideas?" As I don't want to file a police report. I am giving him the benefit of the doubt but there were multiple instances where he, in my honest opinion, should have realized that I thought he was David Klass. Like when I called and asked if I was speaking speak with David Klass and he said yes.... Anyway, I'm not witch hunt, I would like my deposit back. I do believe I was mislead and I do not believe this was all my mistake, that's how I feel, but I am hopeful he refunds me with no issues.

 

[pfunk]

Yes DiamondSeeker, what I meant to say was "other ideas?" As I don't want to file a police report. I am giving him the benefit of the doubt but there were multiple instances where he, in my honest opinion, should have realized that I thought he was David Klass. Like when I called and asked if I was speaking speak with David Klass and he said yes.... Anyway, I'm not witch hunt, I would like my deposit back. I do believe I was mislead and I do not believe this was all my mistake, that's how I feel, but I am hopeful he refunds me with no issues.

It wasn't all your fault, and it wasn't all his. I agree with DS, give him a chance to make it right. If I was in your shoes, and as worried as you are about having your deposit in his hands, I would be CALLING there without delay and asking to talk to the owner again. I can understand your frustration, which is why I would be politely trying to get it straightened out ASAP.

 

[JDDN]

Turns out the message was simply asking me to call him. I want everything in writing though. He never said the deposit was nonrefundable. It was a lot of money and I want it back. He has not responded to my email requesting confirmation that the refund has been submitted.

My bank said they were happy to help but it will require a police report. Ideas?

I don't understand why you don't just call him back?? Yes it's great you left him an email, but you need to follow up with him and talking is usually the most efficient way to settle something like this. Maybe he wants to apologize for the mix up or explain what happened. Maybe he doesn't check his email everyday. I am on board with what Diamondseeker suggested. I understand it's been super stressy, but it really sounds like you're starting to make this more than it needs to be. It was a mistake on your part and his part. Call him and get it straightened out and then move on with your lovely new ring from David Klass.

 

[doberman]

I don't think that assigning blame for the mistake is productive. Call him back, apologize for the mix-up and ask for a refund.

 

[tyty333]

I don't think that assigning blame for the mistake is productive. Call him back, apologize for the mix-up and ask for a refund.

Ditto...it's simple until he refuses which I doubt he will. You can deal with it if it happens. I would think positive and go in with
the approach that he will do the right thing.

 

[TrakHack]

I completely understand wanting to do everything via email so there is a record; too many people I've worked with (in general, not specific to jewelry) want to "talk live" so there is documentation of nothing.

However, given he has requested you call him, perhaps you can call and then follow-up with an email confirming what was discussed during that conversation. Hopefully it will be to the tune of "David, thank you so much for your time today speaking with my to sort out the problem of my diamond being errantly sent to you for a project that was intended for David Klass. As discussed, the deposit of X amount paid on Y date will be refunded by Z date. I greatly appreciate and thank you for your integrity in correcting this situation."

 

[Rockinruby]

Rainbowradish, you are getting some excellent advice from PSers. I know it is hard if you don't like confrontation, but please call and politely explain that you are both at fault to some degree and just request your refund be paid ASAP. I like the idea of a follow up email after your discussion to document what was agreed upon. Please keep us updated as everyone wants the best for your circumstances.

 

[rockhoundofficiando]

You're mainly at fault here, (although the error is understandable), you sent it to the wrong jeweler with the same first name and same last initial in the same business in the same town. Maybe he honestly didn't notice that it was addressed it to a different last name. He's at fault for not noticing the different name and not responding to your last email. However you did say he called you. You may want to give him the benefit of the doubt too. He's handed over your diamond to David Klass from what you've said. Unless there are other details that you can't/don't want to share here, then I would stop avoiding his calls and call him back about a refund asap.
However if he did some work on your project, would think he's entitled to a little compensation.

 

[therainbowradish]

Hi all, thanks for all the comments. I will update once it is resolved.

Out of curiosity, some of you have said I should compensate him, so if that is true how do you determine what he would be entitled to? He received the stone thursday, I showed him the design I wanted, we had 2-3 phone calls, I gave him a deposit on friday and then told him to stop work the next day. No CAD was done. So please tell me how to determine what he is owed? I'm being sincere. I don't like confrontation and am trying to settle this apologetically. I am not a jerk, I assure you.

 

[thecat]

Hi all, thanks for all the comments. I will update once it is resolved.

Out of curiosity, some of you have said I should compensate him, so if that is true how do you determine what he would be entitled to? He received the stone thursday, I showed him the design I wanted, we had 2-3 phone calls, I gave him a deposit on friday and then told him to stop work the next day. No CAD was done. So please tell me how to determine what he is owed? I'm being sincere. I don't like confrontation and am trying to settle this apologetically. I am not a jerk, I assure you.

You need to check if he has started work. Compensation value will depend on whatever material was used/amount of work done. However, if he hasn't done any work, which is most probably the case, since you caught the error early, you might want to write him a positive review on his co-operation with returning diamond and funds.

I'm surprised that he allowed the diamond seller to take your diamond away. Wasn't he concerned that he would be responsible for losing client's diamond? Maybe you mentioned it somewhere and I missed it. It seemed that you emailed him and the diamond seller just turned up the next day to take diamond away from him. If he hadn't read the email at that point when the seller turned up to retrieve the diamond, he would most probably be unwilling to give your stone to the seller? Was it hand delivered from seller to him when it was sent to him? Else he wouldn't know it was the seller who came to retrieve the diamond, and I am surprised that he handed over the diamond.

 

[therainbowradish]

Thank you, I will double check that no work had been done. If he has, and I don't know what, I still don't understand how much to compensate him. Any thoughts?

The diamond seller and jeweler both received written authorization from me since I am not local. He signed for the stone when it was dropped off.....it had David Klass's name on it but this jeweler signed it anyway. The seller didn't ask for ID but will from now on. They felt bad that they didn't catch the mistake too and were very accommodating to pick it up and redeliver to DK.

Edited to add that the seller is in LA and hand delivered it to him so he knew who they were. They also called him to alert him that they were coming and he had read the email

 

[thecat]

If work is done, ask him for the cost incurred for non-reusable material etc. I doubt he has used any metal at this point. If he has to pay a non-in house CAD guy, I think it reasonable to help him with that cost. But he should also work out with the CAD guy a lower amount since only one CAD was done. But I'm hopeful that no work was started.

 

[Sphene]

Beats me why your worrying about how much to compensate David K - just ask for your deposit back politely - he will either refund you or dispute the refund in total or state how much he is out of pocket - but the secret in a resolution is you have to actually speak to him. Get on with it already

 

[chrono]

Instead of worrying about it here, just call him already! Nothing will move forward until you start direct communication, of which emails is generally the slowest form of communication for most businesses. Make sure to speak to him personally.

 

[pfunk]

Instead of worrying about it here, just call him already! Nothing will move forward until you start direct communication, of which emails is generally the slowest form of communication for most businesses. Make sure to speak to him personally.

Exactly. I get the feeling you are not looking forward to the conversation and would rather hash it out in emails as it is feels less personal than a phone call where there may be some confrontation and irritation on his part. A lot of jewelers are too busy to be returning emails promptly, so I would reach out with a phone call and get it settled so you can stop worrying about it and others don't get the impression this guy is trying to swindle you. I think you will get your deposit back promptly if you make a polite phone call.

 

[therainbowradish]

Ha, I'm not avoiding him, my toddler threw my phone in the toilet so I had to get a new one last night. I'm calling him first thing this morning. Figured it would be beneficial to know the going rates for cad work in case there was something done.

 

[therainbowradish]

I called him and he will be processing the refund next Thursday minus 4% credit card fees. (Do you still get charged fees even for refunding?). In any case it should be resolved.

 

[chrono]

I've never heard of a refund minus credit card fees!