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?

[Prudie]

Exactly smow!

[ladybirder]

OK so she paid nothing for the vase.
She didn't particularly like it.
She didn't have it properly covered on her insurance. She's agreed she was a bit careless, as were you.
She says a similar one sold years ago for £3500 but her insurance will only pay £1500 so she wants £2000 from you.
That scenario puts ALL the burden on you. She was careless, she was under-insured yet YOU have to put her back into the position she was in before she was careless and under-insured. That is not fair. I think £500 is more than fair but, reluctantly, to break the deadlock how about £1000 from you and £1000 from her i.e. splitting the difference. I don't understand why she thinks she should not stand some of the cost herself for her part in the affair. If she refuses that then let her take you to court.

[mazie]

If I had anything of that value it wouldn't be displayed where anyone could accidentally be knocked it over.

[mike-w]

She doesn't see it quit like that snowball, she just see's suing me as a way to settle the amount we haven't been able to agree on.

[Cloverjo]

I think ladybirder has summed it up nicely.

[Smowball]

Sorry but you don’t sue a friend!

[mike-w]

I know what you mean snowball, though I've done a bit of research on this and it does happen - perhaps true friends don't sue, but she just sees it as a way of agreeing a settlement.

[ladybirder]

Anything to say about my post at 23.05 mike?

[Smowball]

She had an allegedly expensive vase for which you’ve only got her word on its value. She’s left it somewhere where it was easily knocked over. She now wants you to pay for HER not being insured adequately! Think she’s taking absolute liberties tbh. Offer her £500 and get her to claim the rest on her insurance. She can’t replace it either way.

[mike-w]

I agree cloverjo, ladybirder feels that I have been more than fair with my offer but the suggestion to split the difference to break the deadlock and keep the friendship might be the best thing to do.

[mike-w]

Yes Ladybirder, I've just posted about it. You make some good suggestions, like you, I felt that by offering £500, I was making a good offer. I did then offer her a bit more but not as much as £1000 which does seem a lot to me, but I would like to bring this to a close so I think it may be worth offering £1000 to call a halt to any possibility of this going to court.

[Zacs-Master]

It would be laughed out of court.

[mike-w]

I have actually offered to pay her £500 snowball, together with the £1500 that she can claim makes up £2000 which was the value I was advised on. Like Ladybirder has suggested, I could ask her to meet in the middle.

[ladybirder]

Thanks Mike. She has to take responsibility for her part in this affair and to my mind, she is actually more to blame thank you are hence it should really cost her more than you. Personally I wouldn't pay £1000 but if you value her friendship then it's up to you what you do. Whatever you decide, I hope you manage to stay friends and that is the end of it. No arguments, recriminations or niggles further down the line. Good Luck.

[mike-w]

Well hopefully we will agree to settle zacs, and there will be no laughing court!

[ladybirder]

Well I'm off to bed now so goodnight all.

[mike-w]

Thanks ladybirder, I totally agree that £1000 seems too much and from what everyone has advised, if she was not a friend I would certainly contest this if someone took me to court over it. I think it is back to negotiating with her and hopefully settle it soon er rather than later.

[mike-w]

Yes I'm calling it a night too. Thank you everyone for your comments and advice.

[Smowball]

There was actually a very similar case on Judge Rinder when it was first aired. A woman had a party and invited the neighbours. She had a vase on a plinth/ Column in the hallway and a neighbour knocked it off and it smashed. Her case was totally thrown out as he said she had placed it somewhere that it could easily be broken.