Money Dispute With A Friend

[mike-w]

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?

[mike-w]

I'm not sure she has threatened me with a CCJ tamborine, that really was my original question. She says not, and as long as I pay within 30 days of a judgment there will be no CCJ against me, but I don't know if that is correct.

[mike-w]

It was a Chinese vase Peter, another friend of mine who is into antiques has the full details and I'm going by his value which is around £2000. She has the value of £3500 because she has evidence where the same vase was auctioned a few years ago for that price. My friend who's into antiques says that just because it sold for £3500 at auction it doesn't mean that is the true value of the ornament.

[Prudie]

No it doesn't. It would depend on condition and also what someone was willing to pay at the time. I find this whole saga horrendous.

[Patsy33]

I think she is being greedy!...

[TWR]

As said, get a local antique dealer to give you an estimate. you can not put a price on friendship.

[sapelesam]

If there was no malice from you, hadn't been drinking or taking drugs, this was an accident that your friend should have insured against. If you go to court to try and settle a value, you are admitting fault. This is a definite case where it is worth paying for an hour of a solicitors time.

[murraymints]

http://civilmediation.justice.gov.uk/

perhaps mediation is what you need to look at ?

[TWR]

Small claims, £25, been there.

[jennyjoan]

No matter what happens your friend will be no more.

[mike-w]

"You can not put a price on friendship", I think that's very true TWR, though despite the possibility of court action over this, there has been no kind of fall out between us at all yet. I could ask her if she will agree to accepting an independent valuation to settle this.

[TWR]

Do your very best to sort this between you, although I don't know your friend I doubt from what you have written that she is trying to rip you off Mike.

[mike-w]

Thanks for that information murraymints, I've just had a look at it, there is minimal cost, though from what I can tell, the mediator advises around agreeing on an amount but does not actually make a judgment. She is looking for a judgement, though I will try talking to her about it.

[murraymints]

not sure the small claims court makes a judgement either ??

[ummmm]

Pay her what you believe it's worth and let her take you to small claims for the rest. It's down to her to prove it's worth and do your own research to prove you paid what you believe it's worth.

You won't get a CCJ. CCJ is a county court judgement.

[zebo]

Do you have home insurance with an element of public liability? Not sure about the legal responsibility for damage you accidentally cause, I think you may be liable but she has to prove its value and I doubt she can.

[murraymints]

if she felt it was worth £3 500 then she should have had insurance cover for that amount..the fact that she did not will not be lost on anyone making a judgement... bung her the £500 as full payment without prejudice and let her bring it on..she will be wasting more of her own money pursuing you... consider her an ex friend ..I would...

[ummmm]

I wouldn't consider her an ex friend as she obviously wants it sorted without falling out.

Auctions are not a reliable valuation though.

[DTCwordfan]

so would I, and from what you are saying, you have promised that. Honour it and watch her bank it - and say that this is a grace and favour payment and that you won't pay more.

Leave your Ming vase out to be knocked over if she comes to visit you....

[mike-w]

I can't say that you are wrong jennjoan, but so far we have not fallen out at all over this. Not yet anyway!