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Body & Soul1 min ago
Money Dispute With A Friend
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?
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?
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// 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.
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.
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.
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!
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://
If your leddy fren' had imperial porcelain she would have let you know.....
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://
If your leddy fren' had imperial porcelain she would have let you know.....
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.
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.
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