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    SopranoNJ's Avatar
    SopranoNJ Posts: 4, Reputation: 1
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    #1

    Feb 6, 2008, 04:04 PM
    KY Small Claims
    I was recently in the market for an engagement ring for my girlfriend. A friend of mine's wife worked for a company that makes rings to sell to retail jewelers. This company is not allowed to sell to the public. I met with her and found a ring that I liked. She told me she could order 3 different diamonds that I would be able to come back in and look at to decide which one I wanted to go in this ring. I said that would be fine. She also had said that since they were not allowed to sell directly to the public, that she would be using her employee discount. She then said that she would call me in 2 days to let me know a more exact price and when I could come back in and look at the center diamonds for the ring.

    2 days went by, I did not here from her. After 5 days of not hearing from her, I tried several times to reach her with no success. I left messages, spoke with people at her office who said that she was in the office, but she still would not answer my calls. This went on for a week and a half. I finally reached her and she had said that nothing had been ordered at this time and she still did not have a price for me, but she would call me back later that day with a price. That did not happen. Again for days I could not reach her. So I finally gave up. I went to other jewelers and found another ring and purchased it. I then tried again to contact the first lady to tell her I was not interested in the ring anymore, again with no answer. So days went by and I didn't give it much thought until I received a call from this lady saying that the ring is ready and that if I do not come and pay for it she and this company will be filing suit against me. I DID NOT sign any contract, or put down any deposit. In Fact, she told me that no deposit would be needed.
    The only paper that was there at all was notebook paper which she wrote down my first and last night and my cell phone number.

    Should I be worried about this? If I should, what should I do next? And, can they even find me with only my first and last name (which is almost as common as a name like mike smith) and my cell phone number?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 6, 2008, 04:34 PM
    I think this could be considered buying stolen property, I would want to see a receipt where she paid for it not just walked out with it.

    Also just trying to buy or get a price she will not return your calls

    So they can find you, who cares, you did not pay money on it, and I doubt it was a honest sale to start with.

    You are most likely much better off not doing a deal with her.

    Go buy one at a real store, or if you can't afford it, a pawn shop
    SopranoNJ's Avatar
    SopranoNJ Posts: 4, Reputation: 1
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    #3

    Feb 6, 2008, 04:44 PM
    Well it is a business that makes jewelry and sells to retailers. And she was using her discount to buy it? What my question is, will this hold up in court? To me it sounds like she is claiming some sort of verbal agreement. And can they track me down with only my first and last name and cell phone number?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Feb 6, 2008, 06:49 PM
    You said that this was a friend of yours wife. Why didn't you talk to your friend before you went out and bought another ring after not being able to get in contact with the wife in the first place? You kind of jumped the gun on her so to speak but then she had no excuse for not taking your calls or telling her husband to tell you that the ring would be ready soon. She can try and take you to court over this and only a judge can decide the outcome. Anyone can sue anyone but it's up to the judge who wins in the end.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 6, 2008, 07:03 PM
    I agree with Chuck. They have no proof that you actually ordered anything. Plus they would have to admit they were breaking rules to sue you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Feb 6, 2008, 07:17 PM
    Quote Originally Posted by SopranoNJ
    well it is a business that makes jewelry and sells to retailers. and she was using her discount to buy it? what my question is, will this hold up in court? to me it sounds like she is claiming some sort of verbal agreement. and can they track me down with only my first and last name and cell phone number?

    No, I don't think the "arrangement" would hold up in Court because I don't see a binding contract here - to have a binding contract (oral or written) both parties have to receive some benefit (for example, she gets your money; you get a ring) and there has to be a meeting of the minds. I don't see that there was any meeting of the minds concerning, primarily, the cost of the ring.

    If she works for a company that is not allowed to sell to individuals and you knew it and were purchasing it from her anyway you both could have a problem if the company has lost any money on this "deal." If she did, in fact, steal the ring and names you as a co-conspirator you will have some explaining to do.

    But I am concerned by your "can they track me down with only my first and last name and cell phone number." Makes you sound like you're trying to wiggle out of a deal, that perhaps all is not as you stated.

    And, yes, they can track you down by cell phone number if they try hard enough.
    SopranoNJ's Avatar
    SopranoNJ Posts: 4, Reputation: 1
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    #7

    Feb 7, 2008, 02:37 PM
    All is definintly stated. I was just simply curious, because that is in fact the only info she has on me. Name and cell phone number. I have since then got a new number because my fiancé and got on a family plan through a new company. This lady did not ever give me a set price, however there was a round a about estimate that could have been with in $2000 and $2600. But no I never did hear a for sure price. I have also come to find out that this company she works for has billed her for the ring and has since changed their policy that now says that everyone has to sign a contract and put down a deposit.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 7, 2008, 03:55 PM
    Quote Originally Posted by SopranoNJ
    All is definintly stated. I was just simply curious, because that is in fact the only info she has on me. name and cell phone number. I have since then got a new number due to the fact that my fiance and got on a family plan through a new company. This lady did not ever give me a set price, however there was a round a bout estimate that could have been with in $2000 and $2600. But no i never did hear a for sure price. I have also come to find out that this company she works for has billed her for the ring and has since changed thier policy that now says that everyone has to sign a contract and put down a deposit.

    If they sue you my position would be "no contract." And I think it's clear that there WAS no contract.

    And, yes, they could find you through your cell, new, old or in between if they look hard enough. I wouldn't worry about it -
    SopranoNJ's Avatar
    SopranoNJ Posts: 4, Reputation: 1
    New Member
     
    #9

    Feb 7, 2008, 04:17 PM
    Well thank you everyone for your very helpful information. I feel a lot better about it. Im not really worried about it at all any more. I think worst case scenario, if it does go to court, and they pull out a win, I will have to pay for another ring... not the end of the world. But it is the principal of the thing. But like every one has said here, and everyone around me has said, I don't have anything to worry about. Hell, my fiancé would love having to rings anyway... HA HA.

    Thanks again everyone!

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