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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder if I could contact the police

88 replies

BagPusscatnip · 01/09/2016 13:57

Back in July (the 6th) I took my dad's valuable vintage (40 years old) watch in to Ernest Jones to be repaired. They gave me a receipt and told me that they would send it back to the manufacturer to get a quote on a repair. After a month I still hadn't heard anything so I phoned to chase it up. Eventually, after me ringing for days and even going in to the shop, they told me that it was still with their head office. At this point I told them I wanted it back as soon as possible without repair (my elderly father was becoming a bit distressed at this point). The manager said that was fine and that it would take 10 to 14 days to arrive back in store. It has now been another 3 weeks and still no watch. I phoned the shop again yesterday but the manager wasn't there, I did however tell the assistant that I was giving them 7 days to get the watch back to me and asked for the manager to phone me tomorrow (now today) when she was back in. It is now nearly 2pm and the manager still hasn't phoned me back. I called an hour ago and was told that she was with a customer. I am going to phone back again shortly, but AIBU to tell them that I will be contacting the police if I don't get some kind of resolution today? Thanks in advance.

OP posts:
Mynestisfullofempty · 02/09/2016 13:16

OP, I see that Ernest Jones have PMd you on Facebook. I hope they get your father's watch back to you soon.

Atenco · 02/09/2016 13:22

How on earth does a serious company lose an expensive watch? I wonder if they ever lose cheap ones

runslikethewind · 02/09/2016 13:31

Being an ex police officer, don't seek advice grim the tinternet about complaints, there's loads of good guidance out there and persevere, big companies can take a while to act due to the size and turnover of business/customers etc. This is defiantly not criminal honestly the job for police is hard enough without being dragged in to a breach of contract with a large organisation especially when it's not their job.
It think the money saving expert may gave advice or citizens advice maybe?

kali110 · 02/09/2016 13:46

I agree with others.
If they know where it is, you want it couriered back at their expense.

kali110 · 02/09/2016 13:47

Yes put it on fb and twitter. We can all share it Grin ( or rather i can tell my friends too anyway!)

BagPusscatnip · 02/09/2016 13:53

Hi Mynest yes they have. It has actually all started happening today! I'm going to update on Tuesday next week when I have some more news. It has actually been elevated to the CEO's office now Shock all thanks so you lovely mumsnetters xx

OP posts:
Atenco · 02/09/2016 14:47

Surely "a breach of contract" would be if the watch was not satisfactorily repaired, whereas not returning the watch is theft.

LurkingHusband · 02/09/2016 14:51

Surely "a breach of contract" would be if the watch was not satisfactorily repaired, whereas not returning the watch is theft.

Theft requires intent.

DianaMitford · 02/09/2016 14:59

Theft also requires that the item has been taken without consent - didn't happen here.

Hope you get it back OP

LurkingHusband · 02/09/2016 15:14

Theft also requires that the item has been taken without consent

Which can lead to a whole bunfight over what "consent" was given for Smile

GarlicMist · 02/09/2016 17:04

The consent involved in theft is nuanced, as all definitions of consent must be. Keeping something that was handed over on a temporary basis is theft by conversion. There are various degrees of 'dishonesty', 'appropriation' and 'intent'.

Well done, Bagpuss!

CoolCarrie · 02/09/2016 20:45

Thats good news, you are getting there now, Bagpuss, well done! Keep on at the buggers until your dad gets his watch back on his wrist!

JudyCoolibar · 03/09/2016 00:39

We don't have theft by conversion in the UK. Theft requires an intention to deprive the owner permanently of the goods in question. There's no evidence in what we've been told that that is the intention of EJ or their staff.

The contract includes an implied term that the goods in question will be repaired within a reasonable time and handed back to OP. Hence EJ are in breach of contract.

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