Scam or honest mistake?

[Sillysarah84]

Hi,

I recently upgraded to what I thought was a GIA inscribed 1.51 SI1 I color very good, no flour. The jeweler sent his appraisal to jewelers mutual "as a convenience". An independent appraisal came back as a 1.38 I1 J good, with medium flour and no inscription. My jeweler swore up and down that the appraisal was wrong and something like that had never happened in his shop. He went through his inventory with me over the phone, he insisted I had the right stone. At the suggestion of the appraiser, I told him I would send it to GIA for verification. Immediately he offered to take a second look at it. He called today, and guess what? My stone is wrong! And he found mine. It was saved on layaway, and as soon as it was mounted on the other ring he would have noticed and been calling me! His excuse was that they are very busy. I want to believe him, but it reads just like a diamond scam. Just a little lower, and how would I find out? Jewelers mutual had the appraisal already.

What do you think?

 

[EvaEvans]

I think that it was not intentional fraud by the jeweler, he definitely knows that the appraisal company will find out if its a fraud. I believe that it was a mistake, but what a BIG mistake! Every reputable jeweler will double check before to put any jewelry in the box!

 

[diamond_newbie15]

I think that it was not intentional fraud by the jeweler, he definitely knows that the appraisal company will find out if its a fraud. I believe that it was a mistake, but what a BIG mistake! Every reputable jeweler will double check before to put any jewelry in the box!

You are full of awful advice.

It doesn't matter whether it was a scam or an honest mistake. The jeweler is either a liar or incompetent. Take your business elsewhere if you're still able to get a refund. Besides, you shouldn't be settling for a "very good" cut in the first place. Spend some time on this board and learn what you should look for before buying something (that is, if you're able to get a refund).

 

[diamondseeker2006]

I would also attempt to return it if you are in the return period. It seems shady to me. I agree that we'd only recommend GIA Excellent cut, as well.

 

[Sillysarah84]

I will ask, but what if I can't get a refund?

 

[gm89uk]

Well I think they should issue you a refund in this circumstance if they had any legibility. This is about as big a mistake as can get for a jewellery store and the negative connotations associated are probably not something they want to face.

 

[BlingDreams]

I will ask, but what if I can't get a refund?

If they hesitate at all, I'd tell them that you're going to report them to the Better Business Bureau as well as splash the story all over social media.

Given how quickly he decided to look in to things once you said you'd be sending the diamond in to the GIA, I highly HIGHLY doubt it was a "mistake".

 

[Rockdiamond]

Sounds pretty bad. First insisting he was sure he was right, then later finding the mistake once you told them you were going to send it to GIA- which is a perfectly reasonable move under these circumstances.
I think it's totally reasonable to simply ask for a refund if you're uncomfortable with the seller.
If they are an upstanding seller, and honestly made a series of bad errors, they would easily understand why you are not comfortable, ( if you're not comfortable) moving forward. If they act surprised or indignant should you ask for a refund that's another bad sign, IMO.

 

[Sillysarah84]

I wish I was making this up not talking about thousands of dollars. The jeweler just left a message (I'm hoping my husband can ask for a refund, I hate confrontation) and told me that he looked closely at the diamond that matches my GIA certificate but "someone must have dropped it" because it has a chip in it and he found me a "better stone" that I will be very happy with. I just want this over with! I feel certain this is a scam.

 

[MissGotRocks]

The answer to that is no, but hell no! Refund my money immediately or my next call will be to the BBB and my lawyer. This is too coincidental not to be a lie!

 

[poshmommy]

I agree with the others. Good luck! I know it is an uncomfortable situation. So sorry. Hope it resolves quickly and painlessly for you.

 

[Tophat1]

I would ask to see the diamond you bought, with the inscription that matches your certificate under the microscope. I am guessing he won't be able to produce it, chip or no chip. He's probably using that certificate number over and over again. Did you get an original certificate or a copy?

 

[Rockdiamond]

If I may ask- how did you guys pay?
Hopefully it's credit card- you have more leverage.

 

[Sillysarah84]

I used a credit card, but I also traded in my original ring ( from the same jeweler). I could dispute the charge, but I'm not sure what would happen to my original ring, and the money he credited me for it.

 

[Sillysarah84]

I would ask to see the diamond you bought, with the inscription that matches your certificate under the microscope. I am guessing he won't be able to produce it, chip or no chip. He's probably using that certificate number over and over again. Did you get an original certificate or a copy?

I believe it was the original, but I'm not 100% sure. It was a GIA Dossier, something I had not seen before. I learned from the appraiser that the dossier does not include a map of the diamond.

 

[vintagelover229]

This may seem a bit shady on your end but maybe you can get back your ring, and give him the new ring back and tell him to keep hunting (give him specific instructions on what your looking for) and to call you when he has a few options.

Then, call your CC and have them reverse charge the whole thing. Hugs! Sorry to hear about your troubles!

 

[ChristineRose]

Hi SillySarah84. Just so you know, you are on firm legal ground here. You did not buy a 1.38 ct, you did not buy a chipped stone. Therefore he has not fulfilled his terms of the sales contract and there is no sale, and you are under no obligation to engage in a second sale, and he has no right to keep your ring. Of course it is up to you how to best to deal with this, but a letter from a lawyer can do wonders.

 

[denverappraiser]

Get your diamond back. Get a refund. Then, and only then, listen to his sales pitch on the new offer. Be in a hurry, before he sells the other stone to someone else.

 

[lovedogs]

Get your diamond back ASAP, and tell the vendor that if they don't issue a full refund for the stone you are reporting them to the BBB. No questions, no hesitation. This is EXTREMELY unprofessional, not to mention shady as h*ll! Run away from this person.

I almost guarantee they will refund you once you threaten to report them to BBB/write about your experience all over social media.

 

[Sillysarah84]

Get your diamond back. Get a refund. Then, and only then, listen to his sales pitch on the new offer. Be in a hurry, before he sells the other stone to someone else.

I guess I didn't hurry fast enough. I called just now to ask for a refund. He said:
1. My original diamond is already gone "at a loss"
2. He won't refund anything because of a halo that was created.
3. He offered a slightly better stone that I can get for "just $600 more"

 

[Sillysarah84]

Get your diamond back ASAP, and tell the vendor that if they don't issue a full refund for the stone you are reporting them to the BBB. No questions, no hesitation. This is EXTREMELY unprofessional, not to mention shady as h*ll! Run away from this person.

I almost guarantee they will refund you once you threaten to report them to BBB/write about your experience all over social media.

He won't refund me and my diamond is gone (or so he claims, his credibility is low). I guess threatening the BBB is my next step. Thanks.

 

[BlingDreams]

I guess I didn't hurry fast enough. I called just now to ask for a refund. He said:
1. My original diamond is already gone "at a loss"
2. He won't refund anything because of a halo that was created.
3. He offered a slightly better stone that I can get for "just $600 more"

File a complaint with the BBB and send him a copy. Hashtag the shit out of the situation on Facebook and Twitter and make sure they're referenced (#scamartists, #diamondswapper, #frauds). And if you have a lawyer friend, pay them to write a letter.

 

[lovedogs]

File a complaint with the BBB and send him a copy. Hashtag the shit out of the situation on Facebook and Twitter and make sure they're referenced (#scamartists, #diamondswapper, #frauds). And if you have a lawyer friend, pay them to write a letter.

This is completely insane. He is a liar and a theif. Call the BBB, post a scathing review on Yelp/Google/Yahoo, etc. Tell him you are calling your lawyer, and aren't afraid to take this to the top and get his entire BS operation shut down. Make sure this scammer knows you are serious. This 100% shouldn't have happened and is not ok.

EDIT: If I were you, I would march down there and demand he show me proof that the original diamond was sold. I don't believe a thing he says.

 

[gm89uk]

He hasn't got a leg to stand on, make sure you have your receipts handy, and correspond to him in writing or email summarising the whole situation.

 

[Trudii]

I don't actually think the BBB is going to help, they have no teeth, and while some people really care about their ratings, some don't.

If it were me, I'd stop all direct communications, because nothing good is going to come of that at this point, I'm going to be a mess and maybe let this guy talk me into something I don't want. I'd find a lawyer and pay for a couple hours of his/her time to write up a demand letter. It will likely cost a couple hundred bucks, but based on what we're talking about, it might be worth it. To keep costs low I'd go into the lawyer with a clear set of reasonable requests so they really just have to type it up on their letter head. Then give the jeweler X days to decide what to do. Purposeful or not, he has to make this right. And I have to assume that he has professional insurance to cover these types of "mistakes". I'd ask the lawyer if requesting his insurance information so you can submit a claim should be included.

In this scenario, I'd ask for one of two things:
A) return of money paid and original diamond as well as the cost for the third party appraisal. Return me to literally the exact same place I was before *his* mistake.
B) at zero cost to me - a diamond of equal or better quality to what I was sold, as well as another independent third party appraisal and the appraisal must match the specs of the original intended stone. This gets 'hypothetical me' the benefit of the original bargain with him, because again, his mistake should not cost me.

I'm not a lawyer, and I know some people might think this is going the nuclear route, but it isn't a lawsuit, it is just a neutral third party writing out formally how you want this resolved.

 

[soxfan]

I don't actually think the BBB is going to help, they have no teeth, and while some people really care about their ratings, some don't.

If it were me, I'd stop all direct communications, because nothing good is going to come of that at this point, I'm going to be a mess and maybe let this guy talk me into something I don't want. I'd find a lawyer and pay for a couple hours of his/her time to write up a demand letter. It will likely cost a couple hundred bucks, but based on what we're talking about, it might be worth it. To keep costs low I'd go into the lawyer with a clear set of reasonable requests so they really just have to type it up on their letter head. Then give the jeweler X days to decide what to do. Purposeful or not, he has to make this right. And I have to assume that he has professional insurance to cover these types of "mistakes". I'd ask the lawyer if requesting his insurance information so you can submit a claim should be included.

In this scenario, I'd ask for one of two things:
A) return of money paid and original diamond as well as the cost for the third party appraisal. Return me to literally the exact same place I was before *his* mistake.
B) at zero cost to me - a diamond of equal or better quality to what I was sold, as well as another independent third party appraisal and the appraisal must match the specs of the original intended stone. This gets 'hypothetical me' the benefit of the original bargain with him, because again, his mistake should not cost me.

I'm not a lawyer, and I know some people might think this is going the nuclear route, but it isn't a lawsuit, it is just a neutral third party writing out formally how you want this resolved.

+1 A lawyer will charge you about $150 to write that letter. It's standard.

 

[Sagefemme]

And who are these frauds? Tell us the name and address of the business so we can all start spreading the bad news about this business right away!!

 

[Trudii]

And who are these frauds? Tell us the name and address of the business so we can all start spreading the bad news about this business right away!!

As satisfying as that would be, OP, I'd caution against giving any sort of identifying information until you have a resolution. People do not need to login to see the information posted on this forum. You don't know what random internet strangers will do with that information and it could have a negative impact on your ultimate goal of unwinding your transaction or getting what you paid for. Once you have either money in hand or stone on finger, then you can write as many reviews as you want.

 

[Sillysarah84]

And who are these frauds? Tell us the name and address of the business so we can all start spreading the bad news about this business right away!!

As soon as I have a resolution, I will definitely post reviews. He is a small chain (3 stores) and is considered the bigger fish in his smaller market/pond. His reviews are excellent, I still feel shock over the whole situation. If he would just give me a refund, I would believe that it was a mistake. His insistence that this is a non-issue, not worth a refund, is confusing. I'm getting two very different messages, the Internet and my appraiser seem appalled, and the jewelers attitude is "I was busy that day, can't you understand that?".

 

[arkieb1]

I have known of a jeweller here in Australia that used to switched peoples diamonds and resold them (the old bait and switch) so I have a problem with him claiming it was an accident once he said the stone was chipped and he had another for you. Accidents happen once not twice the whole thing seems like fraud to me.

Demand he refund your money and give your diamond back or if he has already sold it which I doubt will be at a loss demand reasonable compensation for what you think it was worth as well.

If you are forced into accepting a new diamond from this terrible vendor make sure you send it away to get verified as well, because again he could be lying to you about the specs of it. And then once it is set get it checked out again, if he will switch a diamond once he could attempt stupidly to do it again.