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Sent my expensive pearl necklace in for restringing, but my…

Customer Question
Sent my expensive pearl...

Sent my expensive pearl necklace in for restringing, but my certificate of authenticity + appraisal and original box were not returned to me. I've been given lies and run around saying they're a different company now than they were then - although emails say they were original company. I was told the box could have been damaged in shipping - that that could be the reason for the damaged, generic box they sent back. Although I paid $185 to UPS to double box + insure safe transport. They said they didn't have my certificate - yet recently provided me with a possible fake one. I don't have any proof the necklace they sent me is my original one. The customer service girl said she can give me her "word" they are.

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

New Mexico. No.

Lawyer's Assistant: What steps have you taken so far?

I have photos of all original items and email conversations from the company. They say there's nothing they can do to give me my certificate + box back. And no way to let me know they're actually my pearls. Manager has offered to reimburse me the $35 restringing fee. That'snot going to cut it. I want my things back.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The email trail would be most efficient way to get lawyer up to speed.

Submitted: 3 months ago.Category: Legal
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Answered in 24 minutes by:
3/31/2018
Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I can only imagine how frustrating this situation must be.

The first issue is confirming these are your pearls. In that regard, there is not much the company can likely do to satisfy you, as you likely have little trust left in any of their assurances. So, one option would be to inform them that you will be taking the pearls to be appraised and that you expect them to pay for that appraisal. In reality, even if they don't pay, that may be something to consider as if they are not authenticated, that would increase the legal claims you have against the company. In connection with the box, I would expect someone likely discarded or destroyed it. If it happened in shipping to them, they should have notified you so you could make a claim with the shipper; if it happened in their custody, they should have informed you and attempted to replace with a box of similar quality. I assume since you mentioned having photos you also have a photo of the certificate as well.

If you have photos that seem to indicate that even if real pearls, these are not your pearls, you will want to consider having whoever appraises the pearls do a photo comparison and provide a professional opinion on that point and even on whether the original box had any value (which depending on where the pearls originated or how old the box was may be the case). Finally, a jewelry appraiser should also be able to provide an opinion on whether the value of the pearls is actually diminished by loss of the box (particularly if it was the original box).

Once you can confirm these are authentic or not, they are yours or not, and any loss of value due to loss of the box and original certificate, you could then consider putting together a demand letter seeking reimbursement for all your damages, including any emotional distress (which may be an uphill claim, but if these pearls have sentimental value or were in your family, etc. may provide an addition grounds for a claim). As with any such correspondence, you will want to set a deadline for a response. If you do not get a response or are not able to work something out, you may want to consult a local attorney about a filing a lawsuit.

On the question whether they are a different company, they clearly are either the same company or took over operations for the original company so they also should be responsible for any actions or inaction by that prior company. If you end up filing a lawsuit, this issue will need to be explored a bit more by your attorney to make sure you name any and all involved entities and people as defendants.

I hope this information is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Lawyer: Attorney Wendy, Lawyer replied 3 months ago

Happy Friday. I just wanted to check back with you to see if you needed any further assistance.

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