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?

[ummmm]

Try not to if she is otherwise a good friend.

[murraymints]

..yet...

[mike-w]

'Yet' could turn out to be a key word murraymints. I really hope not. On your previous comments, I've been having a look at some information on the small claims court and it seems that they do make a judgment that is legally binding though they do not enforce the judgment. It seems it is up the the person claiming to collect the money if the person who the judgment was against does not pay. If payment is not made, it seems that is when the CCJ is made.

She does realise that she has messed up by not having adequate insurance but I'm not sure what difference, if any, it makes to liability.

She just seems to feel that as we have been unable to agree, taking it to a small claims court is just a way to settle it rather than her suing me, though as far as I'm aware, that is exactly what she would be doing.

[zebo]

If she is acknowledging her mistake regarding the insurance and you are acknowledging yours regarding the accident then get a valuation and pay her half, the other half is her fault.

[murraymints]

best of luck whatever you decide to do.. I would not pursue a "friend" to such an extent..best she accepts she was under insured and takes your contribution..if she values your "friendship "

[mike-w]

I think your suggestion is fair zebo, I'm not sure if we could get some free valuations or if not, what the cost might be, I'll speak to her about it.

[mike-w]

I agree murraymints, hopefully I will be able to get her to see it like that.

[mike-w]

Are Chinese vases normally a lot more expensive than £3.5k Togo? Sorry but I wouldn't know.

[mike-w]

Yes, she does want it sorted ummmm, it's just that she has a much higher value in mind than I do. Hopefully she might agree to an independent valuation being the best solution.

[ummmm]

She won't get far in a small claims court without independent valuations.

[Peter Pedant]

imperial quality vases go for much more ( than £3500)
I think the world record is around £10m

there is I admit a lot of blue and white around as they have been digging up the Vung Tau cargo and a few others.

I wanted to get the Fitzwilliam Museum vase smasher - there was a runour he 'did it as a prank' but can only find this

[Peter Pedant]

// Hopefully she might agree to an independent valuation being the best solution.//

or more than one

she will have to get one for a small claim anyway
or produce the receipt

The advice here as you would expect on a free site is of varying quality, see label at the top. You have worked out fr'instance that if you go to small claims, you DO get a CCJ ?

[Togo]

Well recently mike=w, a Chinese vase was "sold" by one of the auction houses in the UK to an ANONYMOUS buyer for squillions. :))

[ladybirder]

Judge Rinder?
I hear they want people:-))

[Peter Pedant]

a propos of nothing - tell your chinese vase friend that a colleague walked into a London auction house and said - "this pot was made for the Pearl Concubine" ( yeah the one Ci-Xi had strangled and chucked down a well 1900 suring the Boxer rebellion ) . He was asked how he knew and replied - because I have read the inscription !

Good slide show on you tube - I didnt realised the late Qing court was photographed so much....

[mike-w]

Interesting video Peter, I'm just now glad I didn't break a £10M vase!

[Peter Pedant]

One vase for squillions - was resold when the mandarin didnt pay up - I think that was the £45m pierced decoration vase

I dont keep much track of pots at that price 1

[Cloverjo]

Just wondering how you accidentally broke it, mike-w? If someone broke something in my house, I'd just suck it up, unless they actually picked it up and threw it!
I've had things broken by visitors in my house, but wouldn't dream of asking them to pay. I don't own a Chinese vase, though.

[mike-w]

I was told about Judge Rinder, what I heard was that it is the programme company who pays whoever loses. So if that's right, it's like that old song goes "everyone's a winner", Wasn't that Hot Chocolate's song?