Two years ago, I paid a local jeweller £150 to replace the clasp on my 18-carat gold necklace.
They replaced the 18ct clasp with a much cheaper 9ct gold one, but I only found this out recently when it broke again and I took it to a different jeweller.
Is there anything I can do after such a long time? I still have the receipt.
J.T., Surrey.
Dean Dunham replies: Yes, you may still have a remedy and the fact that this happened two years ago does not automatically mean it’s too late.
When you paid the jeweller to replace the clasp on your 18-carat gold necklace, you entered into a contract for a service.
Tarnished: A jeweller replaced a reader’s 18ct gold necklace clasp with a cheaper 9ct gold one
Under the Consumer Rights Act 2015, that service had to be carried out with reasonable care and skill, and any parts used should have been as described and fit for purpose.
If you specifically asked, or it was implied, that the replacement clasp would also be 18ct gold, then fitting a cheaper 9ct clasp without telling you is potentially a breach of contract and could even amount to misrepresentation.
Consumers have up to six years from the date of purchase, or five in Scotland, to bring a claim for breach of contract, so you are well within the legal time limit.
Your first step should be to write to the original jeweller, enclosing a copy of the receipt and explaining what you’ve discovered.
Ask for a remedy: a refund of the cost of the clasp, or the cost of replacing it with a correct 18ct clasp.
Give them a clear but reasonable deadline to respond. If the jeweller refuses or ignores you, you can escalate the matter.
If they are a member of a trade association, such as the National Association of Jewellers, they may have an alternative dispute-resolution scheme.
Failing that, you could pursue the matter through the small-claims court, which is designed for situations exactly like this.
Alternatively, if you paid for the replacement clasp with a credit card, you can make a Section 75 claim, telling your card provider there has been a breach of
contract and as the trader has failed to provide you with a remedy, you now want your money back.
Cookery course cancelled but refund’s off the menu
For my 60th birthday, a friend bought me a £100 gift voucher for a course at a local cookery school.
I chose a course and paid using my voucher and £15 in cash. But a few days before the course, I was told the director of the company had died and no courses would be going ahead.
It is a sad situation, but that was six months ago, and I still haven’t received a refund. What can I do?
S.K., Lincolnshire.
Dean Dunham replies: When you paid for the course, a contract was formed between you and the business. That the director sadly passed away does not cancel that contract.
As the course was never provided, you are legally entitled to a full refund, including the £100 voucher value and the £15 cash top-up.
Six months is far longer than any reasonable period to wait for your money back.
At this point, the business is failing in its obligations under the Consumer Rights Act, which requires services to be delivered with reasonable care and within a reasonable time, or for your money to be returned.
The key issue is whether the company is still trading or has gone into insolvency. If it is still operating, you should write a formal letter or email – not just an informal message – clearly stating that the service was not provided and requesting a full refund within 14 days.
If the company has ceased trading or entered insolvency, your position is more difficult, but not hopeless.
If your friend bought the voucher using a credit card, they could claim the money back under Section 75 of the Consumer Credit Act.
You may find that the card provider rejects the claim because you received the ‘gift card’ that was paid for, and that the actual course is a separate transaction paid for with the gift card.
Technically for Section 75 to engage, there has to be a direct payment from the card provider to the trader for the service or goods being complained about, and the gift card therefore potentially breaks this chain.
However, you should argue that they are one and the same transaction, and if the card provider disagrees, take the matter to the Financial Ombudsman.