Hey all,

I recently decided to part with my 105.012-65 so I had a very reputable watch dealer in LA consign it for me, after weeks of it being "sold" and them ducking my phone calls I got a check in the mail. Awesome, so I deposit the funds and three days later the bank has a hold on the deposit... okay normal practice so far. NOW the payment bounced. I have been calling and calling, I keep getting the watchmaker and not the owner who actually sold the watch. The keep saying he will call me back blah blah blah. I was super impressed with their original service so I trusted them to sell my watch. Now my watch is gone, I have no payment, and I am looking for my next option. Do I contact the police? take them to small claims? report it stolen with my insurance company?

I am livid, frustrated, disappointed, and out almost $9000.

 

Any paperwork? Proper handing over and signing of watch details/serial numbers etc?

Also it helps if you can go down physically to their shop and talk to them. It isn't a small amount so I think some face to face discussion needs to be had.

 

How long have you been trying to call for? I know you've spent some time already trying to reach them, but if today was the first day you've called after the bounced check I'd hold off on "outing" them just yet.

Let them know that you are a member of online forums and will share your experience along with their name if they can't get in touch with you and pay you the money. If they are past the point where they care about their reputation (and most watch dealers need a positive online presence) then you're in trouble.

You can even offer to share the link to this thread...

Good luck. Sounds like a pretty lame experience.

 

shipping invoices, and I had originally asked for a consignment contract and never received one. I have a copy of the check, and a lot of email communication.

 

I asked them to sell it in march, I was told "it has sold were just waiting on payment for about two months" then middle of last month they had the funds but were "waiting for them to clear" and this month I have a bounced check, and no watch.

 

You didn't receive your consignment papers? Erm. Good luck buddy.

 

Call him or his staff advise him he has 48 hours to rectify the issue or you be forced to take it to the next level. Reiterate it in an email.

If nothing happens file a theft report with the police department in his city. Provide all paperwork and emails.

 

Yeah, I don’t know what to do besides hound them for a wire payment.

 

I am hopeful the copy of the check is enough for you if it goes to court. More hopefull the company does what’s right and pays what you are owed.

 

As foorama mentioned if they don't follow up within 48 hours, you could name and shame them too.

 

I think this is the best approach with one caveat. Only communicate in writing. This way, there is proof of all interaction moving forward should you be forced to take legal action. A company that gives you the run around for months and then sticks you with a bad check is not a company to take at their word. Wire payment within 48hrs or you will take legal action and contact the authorities. Until you receive the payment you are owed, this is fraud/theft.

 

I was hoping I wouldn’t have to take it that far. At this point I just want my watch back. I will give them until Tuesday to issue a non personal check and if they don’t I’ll be on with the police.

 

The watchmaker also mentioned they had a large international purchase and their account might have been too low for a $8500’check to go
Through. It’s not even that much money... would that be considered check kiting?

 

I’ll take payment or my watch back. At this point I just want my property returned. It is insured so it would not be a total loss. But I don’t want to start filing reports here and there and then have $8500 magically show up in my account.

 

Are you sure it’s insured? You’ve given the watch to a third party, they have then since said it’s been sold. Insurers aren’t going to pay out because a cheque has bounced. This wouldn’t be an insurance matter but a civil party issue.

My first port of call would be to my solicitor and not to an internet forum.

 

You can try on the insurance angle (anything and everything is worth a shot - worth throwing as much at the wall to see what sticks) - you could also try making a claim under their insurance rather than your own, claiming negligence (although fraud wouldn’t be covered).

Next step is demand in writing from you. Mention police and theft.

Then demand letter from lawyer and legal proceedings - the drawback of legal proceedings being that collecting judgments is often quite difficult.

Write a contemporaneous account of what’s happened, sign and date it right now so that you have something in your file giving a detailed explanation of what happened as near to the incident as is now possible - scan it and save it on a computer so that you get a time stamp as well.

You’re young and in Uni from my recollection of past posts - absolutely nothing wrong with asking some preliminary advice on a forum before taking more formal action. I’m guessing you don’t currentky have a solicitor on retainer in your early 20s

 

i strongly suggest you drop their names in this thread for the protection of other wouldbe speedy owners. there is no logical reason why you reported outrightly your problem to OF as a victim, yet you are still protecting your seller by hiding his name.

 

This dealer ...Beverly Hills?

 

Negative. Once they issued that check, you're already past any defense relying on the absence of any written agreement because both parties have actually performed. The absent agreement would only be a potential issue if they'd never issued payment in the first place. Even then, he'd still be entitled to his money or even to the entire value of the watch (including the commission) because either there was an agreement or there wasn't an agreement and they can't have it both ways, arguing, on one hand, that they get to keep their commission but, on the other hand, aren't obligated to pay him. If there was no agreement, they're not entitled to anything other than (maybe) the fair hourly rate (quantum meruit) for their actual work performed and time involved in the transaction, which is far less than what they'd be entitled to under contract.

Definitely communicate only in writing. I always recommend recording phone calls, but you can't do that in CA (or in 11 other states) without their permission, so don't do it; I believe it's a felony there. Small claims will be open and shut if you have the check and the presale communication, even without the consignment papers. The check seals the case because it amounts to performance and, alternatively, is both an admission of the debt and prima facie evidence of the agreement to pay you exactly that amount. If your loss substantially exceeds the jurisdiction of small claims, just invest a few hundred for a consultation with a practicing attorney in your state to confirm the above and have him send a letter demanding payment and promising to seek legal costs as well in (non-small-claims) civil court because they have no meritorious defense whatsoever. You may even be eligible for double or treble damages (depending on what consumer fraud laws apply in CA) if it wasn't a simple mistake that they resolve without having to be sued.

In any case, that check is your golden egg because it undercuts all of their conceivable meritorious defenses, especially those relating to the absence of duly-executed paperwork..

 

As the watch was not stolen, insurance will not cover you for this