This old pro would like your thoughts

[WinkHPD]

I want to appear again to thank you for the informative comments and kind support. I cannot tell you how much it has meant to me.

It seems somehow rude not to answer every comment that had been made, but it also seems inappropriate to be in this thread all day long. I just want to say how instructive and helpful your input has been to me. It has also made life much easier for me to know I am surrounded by kind people, especially when many of the supportive comments, both on Pricescope and privately, have come from friends who are technically my competitors.

Thank you Pricescope community. You rock.

Wink

 

[cmd2014]

I would prepare documents just in case. A written timeline of events to the best of your recollection. Dates of phone calls, the content of those calls (what was said about the price of her trade in), what was said in the interaction that you had with her when the receipt was written up, what your intention was to communicate in your email, and anything else that you recall. If anyone else happened to be present when the in-person interaction occurred, I would have them document separately their recollection of events as well. Then I would gather any relevant supporting documentation like any emails that were exchanged, the receipt for the sale of the diamond she traded in, receipts she provided for reimbursement of travel costs, etc., and I would schedule a consultation with a lawyer. Write up the factual, emotionless letter as well that you intend to send to the customer before that meeting and bring it with you for an expert review. Yes, you will pay for it, but $500 up front may save you thousands by preventing any mis-steps that might cost you money later. Last time I had to consult with an attorney regarding a business matter it cost me $375 and saved me a LOT of legal fees down the road.

This might also be an opportunity to develop some contracts that specify terms for diamond trade ins or other perks that you offer (like reimbursed travel costs). Sometimes we don't know where the mud pits are until we step in one, and I know I've had my own trust shaken (and had to review my own business procedures) a few times by people who have done things that have caught me off guard. Verbal contracts are not seen as binding anymore by the general public I'm afraid.

That said, I am also aware of the damage one determined person with a computer can do to someone's business reputation. Anonymous online review sites are notorious for allowing violations of their own terms of use, refusing to provide information about reviewers, and are not subject to the same anti-defamation laws as most of us are as the majority are not physically located in any country that holds up those kinds of laws. Sometimes we balance the cost of the one-time hit to the pocket book against the long term future losses of revenue if someone goes off and posts defamatory things about you online. It's a sad reality of the internet that people can hide behind keyboards and destroy people in a way that they never would even think to do if they had to sign their name to something. It's a hard thing to weigh, but in reputation based businesses, it's something that still has to be thought about.

I'm very sorry that this is happening to you. I hope you are able to work it out.

 

[MissyBeaucoup]

When you are a kind, honest person it’s not your first thought that some people are selfishly motivated. But the ones who are predators can tell very well the differences between people. They look for the kind, trusting people to take advantage of.

Wink, I’m afraid you got targeted because of your decent qualities. Stay the way you are, but let a lawyer help you set up some protective strategies going forward. You got a lot of good suggestions here, and I especially like the idea of jotting down your recollections of the phone conversations as soon as possible. Even if you just keep these as notes to yourself, it’s a paper trail. Be firm. I don’t believe your buyer is as confused as she made herself out to be.

 

[Bonfire]

How do we know this individual isn’t a PSer and *eavesdropping*?
Perhaps we’ve said enough. Wink needs to handle this the way he feels is appropriate.

 

[chamois]

I can’t help thinking if this person is a PSer then they should be thoroughly ashamed of themselves.

 

[Indylady]

And when I say brief, I mean focus on facts and what the documents say, keeping any emotion or anger out. Be concise, yet appropriately detailed where it counts.

+1. Firm letter, facts stated, receipts/docs attached, certified mail+email. I’d also reccommend a little research on your local small claims court.

 

[GliderPoss]

This is the same advice I would have given. Do not engage anymore with this person other than sending a letter with the back up evidence of what she paid, what was emailed about the transaction and a short narrative of what transpired by telephone. Nothing more. Don't apologize, don't offer a settlement. Do not search for a new diamond for her.
It would seem to me that any return and refund would need to be through an intermediary who can verify that the stone returned is the same one you sold to her and is undamaged. Do not refund anything until the stone is out of her hands and into the hands of the intermediary and confirmed.
My guess is that she will not agree to take the lesser, actual paid, amount. So then there is a stalemate. She keeps the diamond and you keep the money which is where you started. If it is to move past that, she would have to initiate some court action which could cost her a lot more than what she is trying to steal from you.

Agreed 100% as a Legal PA this is also what I'd do.

Please come back & update us with what happens! We all care and hope for a positive outcome.

 

[kmoro]

This is the same advice I would have given. Do not engage anymore with this person other than sending a letter with the back up evidence of what she paid, what was emailed about the transaction and a short narrative of what transpired by telephone. Nothing more. Don't apologize, don't offer a settlement. Do not search for a new diamond for her.
It would seem to me that any return and refund would need to be through an intermediary who can verify that the stone returned is the same one you sold to her and is undamaged. Do not refund anything until the stone is out of her hands and into the hands of the intermediary and confirmed.
My guess is that she will not agree to take the lesser, actual paid, amount. So then there is a stalemate. She keeps the diamond and you keep the money which is where you started. If it is to move past that, she would have to initiate some court action which could cost her a lot more than what she is trying to steal from you.

Exactly. Plus ... I’m sure that she does want the diamond ... but she saw this opportunity to take advantage of Wink and went for it.

The simplest way to look at it is this: if you refund the inflated amount, you are refunding the cost of the old diamond. If you refund the amount that you can prove she paid, you are refunding the cost of the new diamond. Your contract is to refund the cost of the new diamond.

I really want to know how this turns out and wish you the best!

 

[sledge]

@Wink, I haven't been on here much the last week or so and just checking in with you regarding this matter. Was you able to successfully navigate through the matter? Or are you still trying to find your way?

Just wanted you to know I was thinking of you.

 

[rocks]

Either she is really stupid or a predator. You were more than accommodating; Her demands are absurd. Politely stand your ground. She is asking you to return money you never received. NO!

 

[Diamond_Hawk]

Is her original stone still available from whoever you sold it to? I agree that they are entitled to a profit here but they may be willing to give you a ‘deal’ given your situation.

By the way, I disagree that your ‘yes’ email was the point of trouble. That was in writing a receipt that gave a value different from the actual transaction. Call a lawyer, line up your ducks, and wait for her to sue you. She’s bluffing. As another side note, this may be a covered peril under your commercial insurance policy if she does.

Sound advice. I hope this all works in your favor, you are a great guy trying to do right by your business and your clients.

 

[winternight]

I haven’t read the complete thread but before you refund a penny consult and attorney and have an agreement written up that will indemnify and hold you harmless against any future claims on this issue. Make sure she signs it prior to any refund. This person sounds like they may accept a partial refund and then sue you. Do not rely on some email language to cover you here. The idea you wold refund more than what she paid is absurd, but I’m a little shocked you don’t have a written contract given the amounts discussed to protect yourself.

 

[rockysalamander]

Thinking about this today. Hope you are finding your way through this @Wink!

 

[Blingalingaling]

Hi, @Wink! I don't have time to read the five pages of comments here, (although I started to a few days ago and I'm back again!!). What I'm about to say might already have been said, so I apologize for any redundancy...But, do you have an actual bill of sale from the transaction that took place, for the amount that was actually paid and the computations thereof?
Any time I've traded up a stone or had any kind of monetary transaction with jewelers, I've received an invoice that reflected the terms of the new purchase. I've never had an issue involving insurance but I have upgraded several times on my original stone and I recently purchased another diamond.
If money changed hands and there was a receipt produced that indicated how the differential between the cost of the old stone and the new one was paid, you would be protected by that receipt, as it documents the actual terms of the sale. As a consumer, it surprises me that the client didn't ask for a receipt and that would raise a big red flag to me!
If there was no written proof of what was paid, and this unscrupulous client claims that you received more than you did in the trade, then do you have a leg to stand on if it's her word against yours?? What she, unfortunately, did get in writing was that "the value of the stone was $83K", which if this is the only written documentation, might be the unfortunate bottom line here...unless there is a way to trace the money, whether it was deposited in your business account or something that would show how you came to the final cost of the new stone.
I feel for you and I hope that you do, indeed, have documentation of what transpired when you made the transaction, as I believe that this person should only be refunded the actual amount of money she paid to you for the second stone.
I'm not an attorney, but I was married to one and I have a few close friends who are, so I've learned the importance of "getting it in writing".
Perhaps this person didn't fully understand the terms of reimbursement for the trip. Maybe next time, to protect yourself, you should draw up a contract that spells out, in no uncertain terms, that if the merchandise is returned the reimbursement part of the deal is off. An honest person would probably realize and common sense would dictate this, but someone who is trying to take advantage of this situation clearly will not.
I think it is extremely generous of you to have offered a deal like that in the first place, but I guess from a business standpoint, if you made the sale if would have been worth it to you.
I'm curious to know who suggested that she make the trip to see the stone and whether or not there's any relevance to that. Because, if she had no intention of making the trip, (which costs money), and if, hypothetically, you encouraged her to go by volunteering to cover the costs, then the onus might be on you to eat that part of the deal.
But I don't know.
At any rate, I truly do hope that things go your way and that if she is pulling a fast one, she gets her due.

 

[Blingalingaling]

If the answer to my next question is already here, please accept my apologies, but what was the reason why a trip to view this diamond was necessary as opposed to the usual sending it out "on memo"? Was it a private sale owned by another party? An estate/auction house? Or was it's owner a cutter/and/or supplier?
Thanks, @Wink! I'm going back and reading all the replies hoping to garner all the details. I keep feeling like something is missing in the equation.
Still hoping things fall into place for you!

 

[Jacquiemalta]

I have no constructive legal advice to offer but just wanted to say hell no to being out of pocket in these circumstances; no, nope, never.

 

[pinklemonadegurl]

Much chagrin to hear your tale- I worked with you years ago, and you're a true gentleman. We are all behind you, Wink. Hoping resolution comes swiftly.