Engagement Ring

[Peridot]

Re: Engagement Ring

You old romantic Di. You should be a counsellor

[Diana M]

Re: Engagement Ring

You old romantic Di. You should be a counsellor

Funny you should say that Peridot. My daughter broke off her engagement just before Christmas so I'm in the thick of a similar scenario. She gave back the ring but still talks of "maybe we'll get back together again".

I'd be interested to know whether the OP's situation would be breach of contract since he didn't actually propose.

In my case I kept my engagement ring after I divorced (it was BIG) so I would argue in court that the 'contract' was I agreed to marry him not stay married to him

Di

[Peridot]

Re: Engagement Ring

But you had got married Di and presumably had the proposal beforehand so bit different from OP where I don't believe the proposal had actually taken place and the ring was just passed for safekeeping. The path of true love never does run smoothly. I hope your daughter is ok. Strongly believe many things happen for the best even if it doesn't feel like it at the time. Mind you think that's with many years of hindsight and definitely doesn't feel like it at the time!:tinysmile_hmm_t2:

[enaid]

Re: Engagement Ring

If the ring was not given as a token of an engagement, then is it not just simply a ring?

[MIKE770]

Re: Engagement Ring

That Rings A Bell ???????????????? boom boom:taunt:

[R0b]

Re: Engagement Ring

Well I think @Diana M has clarified the matter on whether a contract exists, I have clearly missed the part about fear of proposing in the original post!

As no contract is likely to exist due to the lack of consideration so you can't sue for breach of contract. However, you still may have a claim under bailment.

A bailment is where Person A (Bailor) transfers property to Person B (Bailee) who takes possession of the property but the ownership of it does not pass. Usually the property remains with the bailee for a limited period of time, commonly for storage or keep safe reasons, but they also have certain obligations and duties. Some of those duties include:

1. To perform any tasks as promised

2. Not to sell, lose, damage etc. The goods

3. Not to deny the Bailor his/her title of ownership to the property

4. Subject to what was agreed, either deliver the goods back to the Bailor or make them available for collection.

5. To take reasonable care of the goods

If she refuses to hand the ring over to you after requesting her to do so, then you could bring a claim for conversion which means that she has effectively held the ring as her own and deprived you of it. If it is lost or stolen or sold on, then she is liable for he cost of it.

[barty9]

Re: Engagement Ring

Thank you all for the input with this matter.

This is my proposed letter... I hope it is along the right lines. It would be good to try and nip this in the bud before small claims court.

Re: Engagement Ring Return

Please accept this as a formal letter of claim in accordance with the Civil Procedure Rules 1998.

Summary of Facts

In August 2016, I gave you an engagement ring (purchased by me 6/1/15) to look after whilst I moved out of our property to a new house on the premise that you would look after it for me securely and also in the hope that one day I might be able to formally propose. You agreed to look after the ring for me and said it would be placed in the company safe in your place of work.

Since then I have sadly come to the conclusion that we will no longer form a loving relationship and I emailed you on 21^st November 2016 to politely request that the ring be returned to me.

On 29^th December 2016 you sent me an email me to say that the ring would be returned to me on 3^rd January 2017. Unfortunately, despite my email to you on the 2^nd January reminding you to return the ring you emailed me on the 3^rd January to say that you didn’t know to code to the safe and that it would be returned on the 4^th January 2017. Subsequently this has failed to transpire.

I emailed you 5^th January 2017 asking when the ring will be returned. You have not responded.

Next Steps

You are expected to acknowledge this letter of claim within 14 days of the date of this letter and either return the engagement ring to me or provide a detailed letter of response within 28 days.

If you ignore this letter or fail to provide a detailed letter of response within 28 days, Court proceedings will be issued against you and this letter will be brought to the attention of the Courts in their dealing with costs. Your non-compliance with the Rules may increase your liability for costs.

[R0b]

Re: Engagement Ring

It all looks fine in terms of the content but I would add a couple of things.

Where you have the heading in bold, for clarity you could add Letter before action: failure to return the engagement ring

I would also add somewhere the coSt of the ring, and presumably you have proof of payment still.

Also it should be more clearer how long she has to return the ring, 14 or 28 days

[barty9]

Re: Engagement Ring

Excellent thanks so much Rob

[Diana M]

Re: Engagement Ring

I wouldn't refer to it as an "Engagement Ring" since there was no engagement. Don't plant that thought in a judge's mind. You always have to write letters on the basis that they may turn up in court one day.

I agree with R0b that you should quantify your (potential) claim.

Also would you be content with her reimbursing you for the cost of the ring if she wishes to keep it or are you wanting the return of the actual ring? If the ring no longer exists (lost or sold) you would be seeking damages for the value rather than asking a court to order her to return it.

You've referred to giving her the ring to look after "whist I moved out of our property". Does this mean that you were living there at the time so didn't really "give" her anything, you simply left it behind asking her to take care of it in your absence?

Clear ownership of the ring needs to be established.

Just my thoughts based on how I would react to that letter if I were in her shoes

Di

[barty9]

Re: Engagement Ring

Thanks Diana - I have sent the letter as follows:


Letter Before Action: Failure to return the engagement ring

Please accept this as a formal letter of claim in accordance with the Civil Procedure Rules 1998.

Summary of Facts

In August 2016, I gave you an engagement ring (purchased by me 6/1/15 costing £XXXX) to look after whilst I moved out of our property to a new house on the premise that you would look after it for me securely and also in the hope that one day I might be able to formally propose to you. You agreed to take care of the ring for me and said it would be held in the company safe in your place of work.

Since then I have sadly come to the conclusion that we will no longer form a loving relationship and I emailed you on 21^st November 2016 to politely request that the ring be returned to me.

On 29^th December 2016 you sent me an email me to say that the ring would be returned to me on 3^rd January 2017. Unfortunately, despite my email to you on 2^nd January 2017 reminding you to return the ring you emailed me 3^rd January 2017 to explain that you didn’t know the code to the safe and that it would be returned on the 4^th January 2017. Subsequently this has failed to transpire.

I emailed you 5^th January 2017 asking when the ring will be returned. To date you have not responded.

Next Steps

You are expected to acknowledge this letter of claim within 14 days of the date of this letter and either return the engagement ring to me or provide a detailed letter of response within 14 days.

If you ignore this letter or fail to provide a detailed letter of response within 14 days, Court proceedings will be issued against you and this letter will be brought to the attention of the Courts in their dealing with costs. Your non-compliance with the Rules may increase your liability for costs.

I wouldn't refer to it as an "Engagement Ring" since there was no engagement. Don't plant that thought in a judge's mind. You always have to write letters on the basis that they may turn up in court one day.


I agree with R0b that you should quantify your (potential) claim.


Also would you be content with her reimbursing you for the cost of the ring if she wishes to keep it or are you wanting the return of the actual ring? If the ring no longer exists (lost or sold) you would be seeking damages for the value rather than asking a court to order her to return it. - I would like the ring returned to me if possible. (I don't think it has been sold)


You've referred to giving her the ring to look after "whist I moved out of our property". Does this mean that you were living there at the time so didn't really "give" her anything, you simply left it behind asking her to take care of it in your absence? I was living in our flat and she was living as a nanny at her place of work. I agree I think I have made a bit of a hash!


Clear ownership of the ring needs to be established.


Just my thoughts based on how I would react to that letter if I were in her shoes


Di

[barty9]

Re: Engagement Ring

Ring returned just after lunchtime today not without some animosity from her side and sadness from mine.

I would like to take the opportunity to thank everyone who gave me some very useful pointers on the forum.

The power of a decent letter with the threat of court action worked. Now I'm not going to look back because I'm not going that way!

Best wishes

Barty9

[MIKE770]

Re: Engagement Ring

:goodjob:

[Diana M]

Re: Engagement Ring

Ring returned just after lunchtime today not without some animosity from her side and sadness from mine.

. . . Now I'm not going to look back because I'm not going that way!

This is good news.

You've recovered both your ring and your dignity.

You wanted closure and you've got that too.

Just keep the ring safe in case either of you change your mind one day

Di