I can't answer your questions really, only to say that if I was in this situation, I would go back to the service center you went to before, and ask again. If the people you speak to initially don't want to give you something in writing, ask to speak to a manager, and start going up the food chain. This will no doubt take some leg work on your part to get something in writing.
Respectable Member Archer
After the first meeting with the Rolex technician, I begged him for a letter to support his opinion of the buckle. It was flatly refused. Subsequently, I approached RSC again and again but I could not get past the receptionist, who told me RSC do not verify the authenticity of any item.
The first time when I went to RSC, the technician and not the receptionist was at the front counter. Otherwise, I would not have got the opportunity for the buckle to be inspected by any technician.
Thank-you.
I think you should expect to pay for an expert appraisal in writing, but without one you aren't going to get much further.
Respectable Member Patrick Dixon
Chances are we may find one in London, New York, Tokyo or Paris but definitely not in Sydney. If there is one, it is not going to be cheap.
Thank-you.
Personally, many years ago I was asked by a friend for my opinion on faulty construction works, I happily gave of my time and opinion.
Unfortunately the friendship soured when I refused to give written findings, long story short, court case ensued and the poor soul who provided written findings was given an extremely rough ride by defending counsel.
No amount of cash would persuade me to provide written evidence.
Respectable Member Alpha
Once a matter is heard in court, it is going to be very expensive and time-consuming - one postponement after another.
Thank-you.
Respectible Member Seamonster -
This is why I suggested the retention of proper legal counsel. A good attorney would know experts who would be willing to state their findings in writing and back them up in court if need be. The fact that you made the contract (via eBay) and used your wife's credit card could be an issue. But again, that's what attorneys are for.
Do not depend on Rolex. You attempted to purchase one of their products outside of normal channels, so they really have no reason to assist you.
Do not depend on a private watchmaker for the reasons Archer stated above.
I think this is the only way you have a chance to recover your money,
gatorcpa
Respectable Member gatorcpa
After reading all the responses from respectable members, I think the price of the buckle will be dwarfed by the fees to be paid to a competent counsel and his expert.
I agree, Rolex have no reason to assist me with the issue, I am faced with.
Thank-you.
I think the point here is that an actual court case is not going to be worth pursuing. It's way too complicated given the different countries and legal jurisdictions involved. The key is to get enough evidence for Visa to accept that the item is counterfeit and perform a chargeback, and if you can provide a written expert opinion I'm sure you will have a good shout. For example, do you even know for sure that it's actually gold of the standard claimed?
AFAIK (and IANAL), in UK law you can't be forced to testify in a civil case, and I think Australian Law is largely based on UK Law. Obviously if you have an expert who won't appear to back up his/her written testimony when you get to court then it doesn't look too good, but that's never going to happen here anyway. Personally, if I was (demonstrably) expert in this field I wouldn't have any problem proving a written opinion for a nominal fee.
Anyway, respectably good luck!
Respectable Member Patrick Dixon
I think if the matter is heard in court, it is going to be very messy and complicated. One side we have the Australian (British) Law and on the other side, the American Law.
Thank-you.
If VISA at one point told you to return the clasp this would indicate they have found in your favor.
Has their position changed?
What was their response when you told them the seller refused to provide their return address?
Respectable Member X350 XJR
The last time when I spoke to Visa, while my wife was next to me, I was told that Visa would look into the matter and would subsequently advise me, what to do.
Whether the position has changed or not, I have no idea, since Visa will only speak to my wife and not me.
Thank-you.
In UK law, the expert witness would be entitled to charge for his report and for his time in court. If you won the case, this would be added to the cost recoverable from the other party
Respectable Member Stewart H
If I were to win the case, it will of course be good and nice. If not, I will be liable for the massive bills.
Thank-you.
My 2 cents - if VISA won't refund your money for whatever reason, I personally don't think it's worth escalating it - not for the time, effort, aggravation etc. It's an expensive lesson but one I think that has been learned here and move on.
Respectable Member MSNWatch
Me too think, likewise. Worse for me, the Visa card belongs to my 'boss'.
Thank-you.
In all of this mess, has anyone thought that it is a Rolex item but because it wasn't bought through proper channels Rolex won't recognize it as authentic? They are a bunch of pricks sometimes.
Respectable Member ulackfocus
This may be possible, since Rolex have a mind of their own.
Thank-you.
Dear respectable Seamonster,
I am not expert in this matter. Sorry to hear you have another hassle during this process.
Hope you will have best outcome of this problem. I believe in ultimate justice (sometimes people call it Karma). Even if you lost this battle somehow universe will make it will even out, sooner or later, directly or indirectly.
Respectable Member Privateday7
More importantly, this is a great lesson for me and it is hoped, others will learn from my mistakes. For example, missing the deadline, for a refund of payment to be claimed.
Thank-you.
Dear Seamonster
As a lawyer who does a lot of litigation, my opinion is that you should forget this and move on.
All that will happen is that you will spend money on expert evidence and a lawyer and be further out of pocket. If you get a Rottweiler litigator who'll do it on no win no fee or for a percentage of any money you get back, then give that a go. Otherwise forget it.
For the amount involved you'll easily end up out of pocket even if you win a case and recover most of your costs - litigants rarely get awarded all their costs or enough to cover what they actually spent. You don't seem to have spare thousands to play with in this way.
I am also unsure if the reason Rolex declared the clasp inauthentic was because of their rules on not recognising unauthorised sales channels. Until that is definitively known & it is still definitely a fake, your case would carry significant risk and easily just cost you a lot more money you can't afford to lose.
I hope this helps.
Respectable Member SpikiSpikester
How not to listen to such an invaluable advice from a competent lawyer, like you?
I greatly appreciate all the advice given by you and also, other respectable members of this forums.
Without the issue of the buckle, I have enough of sleepless nights already and I do not need more.
Thank-you.
