Jeweler Lied!!! What can I do??

[am12345]

I got a custom engagement ring setting made. We wrote up a receipt with the specifications (stone size, clarity of the stones used, price ect). When I was in the process of designing the ring the jeweler ended up changing prices on me towards the end TWICE...charging my fiancé and I MORE money for SMALLER stones because they "made a mistake" when calculating the cost of the ring. I was so upset because I could tell they were lying, but I had a feeling my fiancé had planned a proposal so we agreed to pay the extra money and get the ring of my dreams.

When I went to pay for it only the assistant was there and he demanded we left the receipt with him as proof to show his boss we paid for the ring in full. This turned into quite the argument but I took a picture of the receipt and reluctantly let him take it. Needless to say our experience with this jeweler ended very negatively and it still irks me to this day.

Fast forward a few months I just got my ring appraised and the diamonds in the setting that were supposed to be VVS1 turned out to be SI1....this was specifically stated on the receipt...which I didn't get to keep!!!

I haven't been able to find the picture I took and I'm SO mad at myself for not taking that receipt no matter what hoopla that assistant came up with. Is there ANYTHING I can do about this?

 

[HDer]

This is an extremely scummy thing for them to do, and I would first, never patronize that business gain.

Honestly, without a lab grading report, the jeweler can claim the stones are whatever they want, so I'm not sure if you have any recourse there.

I'm guessing you're not in your return period.

Maybe file a complaint with the BBB and see if you can get your local media involved? There might be some laws around deliberate misrepresentation, but it's one thing if they tell you the stones are GIA graded VVS1. It's quite another to just say the stones are VVS1 (they an always claim it's some kind of internal grading scale or whatever).

 

[Karl_K]

ugh, you need proof to do anything.
Without the receipt its your word against his.
Hmmmm go in and not let on that anything is wrong and say that your insurance company wants a copy of the receipt to insure it.
Once you have the receipt then you can go the BBB route or consult a lawyer.

 

[HDer]

ugh, you need proof to do anything.
Without the receipt its your word against his.
Hmmmm go in and not let on that anything is wrong and say that your insurance company wants a copy of the receipt to insure it.
Once you have the receipt then you can go the BBB route or consult a lawyer.

Have you ever seen a jeweler be sued successfully for misrepresentation Karl?

 

[Karl_K]

Have you ever seen a jeweler be sued successfully for misrepresentation Karl?

Yes, and one went to jail for it locally after losing a civil suit.
The civil suit brought enough evidence to light that the person suing lawyer turned over to the state attorneys office that charges were filed.

 

[HDer]

Yes, and one went to jail for it locally after losing a civil suit.
The civil suit brought enough evidence to light that the person suing lawyer turned over to the state attorneys office that charges were filed.

Was it this one? http://www.sfgate.com/bayarea/article/San-Jose-jeweler-who-bilked-customers-gets-4-3182443.php Wow, right in my area too.

Well, OP, even if they refuse to give you the original receipt, at least you were smart enough to take a picture of it.

 

[Austina]

Did you pay with a credit card? That might be a possible route to go down.

 

[rockysalamander]

I'm so sorry about this. Find the receipt photo. Seriously, right now it is a case of "he said, she said."

I don't wish to besmirch the appraiser, but are reputable and highly trained? You don't want to start any action if there is any doubt about their grading ability. You might want to get a second appraisal using a PS recommended appraiser if you don't have any way to know. Your entire case will depend on that appraiser being correct.

https://www.pricescope.com/appraisers

I like PP's advice to see if they will provide a receipt for insurance. I would phrase it as "my insurance company won't cover the ring unless they get detailed receipt directly from your company that lists the specs of the stones and the metal used in the setting. They won't accept my copy of the receipt or a carbon and I'm terrified I'm going to lose my amazing ring." If you can fake some anxiety and tears that might help.

After that, try reaching out to the jeweler and see if you can resolve it with them. Even if they do nothing, they will give you important information about how they would defend their actions. Be calm and polite. They will attack the appraiser. Offer to send it to theirs. If they did not produce a receipt previous, DO NOT tell them you gave up your only one.

If that does not work, then speak with a civil attorney. If the value between the promised ring and the actual ring is high enough, it may be worth what they would charge to file a lawsuit. There will be a few problems. If the stones they used were not promised as to being certified, then they can claim they used their own "in-house" grading. So, that may be a tough fight (this is often the defense on a difference of color claims). It will make a difference if they promised "VVS" or "gia VVS"/"egl VVS" on the receipt.

They can destroy the receipt as soon as they are served (illegal in the US, but who's to prove they did so -- especially if they routinely do so on all projects)? But, being at the end of a year (January) or tax season (April) is a good excuse to destroy paperwork, so keep that timeline in mind.

Do you have a local tv-news stations like "Joe Smith Makes it Right"? Being an engagement ring and if you and your FI are remotely photogenic might be a compelling story. They might be able to find others who were scammed. If you appear on such a show, get your own attorney to avoid crossing the line on defamation/liable/etc.

 

[Karl_K]

Was it this one? http://www.sfgate.com/bayarea/article/San-Jose-jeweler-who-bilked-customers-gets-4-3182443.php Wow, right in my area too.

Well, OP, even if they refuse to give you the original receipt, at least you were smart enough to take a picture of it.

No, that's not the one.
I don't think it made the national news and the local paper charges to view old articles so I can't link a news story.

 

[ChristineRose]

Wait until AFTER it's resolved (one way or the other) then leave them terrible reviews.

Unfortunately My-brother-in-laws-garage grading labs abound, and likely all they have promised is that some creep called the stone a VVS1. However there has been some success with the approach that using the GIA terms implies GIA standards. Everyone uses those grades now, but over the centuries there have been other systems which were just as valid.

 

[Queenie60]

Was it this one? http://www.sfgate.com/bayarea/article/San-Jose-jeweler-who-bilked-customers-gets-4-3182443.php Wow, right in my area too.

Well, OP, even if they refuse to give you the original receipt, at least you were smart enough to take a picture of it.

I was taken by Dan Mokma during that time. He was convicted and put in jail. And is probably out there doing business under a different name.

 

[HDer]

I was taken by Dan Mokma during that time. He was convicted and put in jail. And is probably out there doing business under a different name.

So sorry to hear that. Well I think one thing I think his case demonstrates is that there's generally more than one rat in the kitchen. If you do some digging I'm sure you'll find other scams this jeweler has perpetrated.