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?
I don't know about the CCJ but if you are happy to pay £2000 why don't you and let her claim the rest through her house insurance. is it worth losing a friend over?
I would start with arbitration with your lawyer and hers agreeing on using a professional auction house rep, like Bonhams, to value it...presume that the bits are still around - or a pic. Also, I am surprised at the low level of individual insurance declaration, my policy for antiques and paintings is above £5000 per item.
No, I'm not happy to pay £2000 Islay, she can claim up to £1500 on her insurance and I am happy to make that up to £2000 by paying her £500. Sorry if I didn't make that clear.
I did wonder about the liability tamborine, it was my fault but I wasn't drunk, reckless or anything like that. I did agree to pay for the damage though it is just the amount we don't agree on.
In shops theyre warnings of payment for breakages! Your 'friend' is pulling a fast one on you....dont pay anything just buy her a 'sorry gift' of chocs.