Donate SIGN UP

Money Dispute With A Friend

Avatar Image
mike-w | 18:22 Fri 27th Oct 2017 | Law
154 Answers
I have a money dispute with a friend, there has been no hostility at all between us over this, we just can’t agree on the amount I should pay her. I accidentally caused a breakage to an antique ornament in her home which she values at £3500, yest through the research I’ve done it looks closer to £2000. She didn’t have this insured individually on her home insurance and she has found that the maximum she can claim is £1500 and that is where the dispute has come about.

She is asking £2000 from me which together with the £1500 she can claim from her insurance makes up her value of £3500. Where I only offered £500 which would make up the value to what I feel is £2000. We have tried to meet somewhere in between but are still well apart on an agreed amount. I don’t want to fall out with her and she feels the same, though so far there is no hint of that at all.

She says that if we can’t agree on an amount, she may have to take this through the small claims court to settle it. She says that a small claims court is very informal with no lawyers involved so there is very little cost. She says that a judge would give a verdict on the amount owed and as long as the amount awarded is paid, that is the end of it.

If we can’t agree (and it doesn’t look like we will), I don’t have any really objection to her taking this through a small claims court if it is like she says, though the one thing I would want to avoid is having a CCJ against me name. She says that will not happen as long as I pay within 30 days of a judgment being given.

I’ve no experience of going to court over anything and I’ve always thought of court disputes being rather bitter and hostile between the two parties, but perhaps this is not always the case and just a matter of settling a dispute.

Is she correct in saying that I will not end up with a CCJ against me as long as I pay the amount awarded within 30 days and is there anything else that could go against me once a judgment is given?
Gravatar

Answers

61 to 80 of 154rss feed

First Previous 1 2 3 4 5 6 7 Next Last

Best Answer

No best answer has yet been selected by mike-w. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
-- answer removed --
Question Author
I just caught it with my arm whilst walking past it cloverjo. Mayvbe careless but it was accidental. I guess that she would have just sucked it up had it not been so valuable. Though she didn't buy the vase, it was inherited though not really sentimental to her.
I think you are being incredibly generous. If a friend came to my house and accidentally broke a £10 crystal wine glass I wouldn't dream of asking for the money. I don't see the difference.
IMO, your friend was careless in keeping the vase in a place where someone could catch their arm on it while walking past.

Let her go to court and hopefully the judge will see sense and not say you should pay the the amount she is asking for.
Question Author
Yes cloverjo, she does agree that we were both perhaps a bit careless.
// I don't see the difference.//
oh about £3490 ! hur hur hur

yeah she ( your fren' ) has to sue in negligence - and she has to show it ( you dont HAVE to show you were careful altho that might be useful )
the downer is that you have negotiated which kinda shows you admitted some responsibility at some time

there are some pretty crazy observations on this thread,
I admit I am at a bit of a loose end myself
I mean it is the same as a little pussy cat coming in and knocking it down after scraping herself up and down on it - and then she would have to claim from the insurance

the difference is in case the observation has seduced you - that you arent a pussy cat but a man with a reasonable amount of moolah.
-- answer removed --
Legally I don't think you can be made to pay so a court would not order you to pay her. As said if she has items worth that much she needed to have a specific insurance policy for the item, if she does not and an accident occurs that is tough luck.
On the value side, the TV antiques programs have been saying that the price of genuine Chinese antiques has skyrocketed recently. During the 'cultural revolution' many antiques were destroyed as being symbolic of the old pre revolution era. Now the Chinese are becoming wealthy and westernised they want to 'buy back their heritage' and are paying over the odds for genuine Chinese antiques.

Question Author
Yes I get that Peter, if she went to court, she would be suing me for negligence and I may have admitted some of that by negotiating with her.

When I broke it, my reaction was just to say "sorry I'll pay for it", not realising how much it was worth. I am still prepared to pay, just not as much as she wants me to pay!
// Now the Chinese are becoming wealthy and westernised they want to 'buy back their heritage'//

yeah but no but

paying top dollar for the very best quality. - The Summer Palace was burnt down by the europeans ( gwe-lo) and they didnt understand the way the Emperor related to his people. - which means that pieces were looted rather than allowed to burn - The pearl concubine's bowl must have been one. see above
But I think looting was a capital offence so you had to keep quiet about it AND SO- pieces come onto the market without provenance.

Their quality screams their origin - a table screen estimate £400 went for £1/2m in Dorchester

sort of like this
http://www.dailymail.co.uk/wires/pa/article-3313600/Rare-Chinese-jade-horse-sale-chance-meeting-petrol-station.html

If your leddy fren' had imperial porcelain she would have let you know.....
Who has a vase worth that much and no insurance?
Mike's friend!
Question Author
She does have insurance, just not enough of it! She didn't realise this until she tried to claim.
Then mike and his friend deserve each other.
Well, mike, that’s hardly your problem is it?

She would be an ex friend, to me.
I bet loads of people are under insured or have completely forgotten what they have to inform the insurance company about.

The one and only time I had a loss adjuster in he told me I was under insured (although I was completely insured for my claim)
Question Author
No Zacs it isn't, but as I've said I don't want to fall out with her so I'll try again with coming to some agreement.
Question Author
I guess that you will be right ummm, she did not realise that a condition of her insurance was that any individual item with a value of more than £1500 needed to be specified on her policy. I'm not sure if I have any times above that amount but I probably would have given it a thought either.
IMO I think folk have come up with the best compromise.

Take the broken vase to 3 reputable dealers and get 3 estimations of it's value when it was in very good condition (which we assume it was). Add any costs to the disputed amount.

Work out the average. Subtract the amount the insurance will cough up. Split the remaining in two so you pay half each.

You learn to be more careful, she learns not to underinsure her valuables and expect a guest who accidentally broke something to cover the full value.

Strictly speaking all you owe is an apology but since the friendship is valued the above seems a solution.
I have to say that if I had a vase of that value and a friend accidentally broke it I’d be upset,but I wouldn’t dream of suing them for the money because it would have been an ACCIDENT!

61 to 80 of 154rss feed

First Previous 1 2 3 4 5 6 7 Next Last

Do you know the answer?

Money Dispute With A Friend

Answer Question >>