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?
Zacs, what gives you the idea that lawyers would be involved? If this went to court, it would be the small claims court where my understanding is that both parties just represent themselves. No lawyers are involved and a judge makes a judgment.
erm read the rules ZM - ( of the court that is)
the lawyers fees are not recoverable in cases in the small claims
and so erm no one uses one (*) - limited costs are available for unreasonable behaviour
that is why I know so much about procedure - I do it all myself
(*) and yes I have applied for costs where the other side were unreasonable and got £20- the lawyer involved couldnt believe his ears.
OP doesnt sue - jig a jig does
judges have practice in dealing with cases wheere the value is £120 - and the plaintiff bleats that the value to her is thousands, at least ten thousand.
The limit where you HAVE to kick off in the small claims is quite high - £10 000 I think
'Judge Rinder' gets many thousands of cases offered but only takes those few that will give the best entertainment value. It is an entertainment TV show not an actual court.
I still say that as it was an accident there can be no legal order to pay so no point going to court. It would be different if you had intentionally damaged the ornament, that would be criminal damage and the court would make a repayment order.
Yes Mikey4444, I have enough to go on now. I'll speak to her again and suggest getting some independent valuations and then hopefully come to some agreement with her. Thanks.
Mike-w....glad to be of help ..... But don't forget to let us know the outcome, as it may help others in the future with similar problems. We love feedback here on AB !
Ummm....the kind of people that turned up on this thread yesterday afternoon, not to address the issue, or help mike-w, but purely as a way of having a go at me.
Their comments weren't even germane to this thread, and were removed shortly after.
Certainly Mikey4444 & Roslyn251254, I don't very often post on forums (this is my first on AB) but I do often view them and one of the most disappointing things I find is that you often don't get to know the outcome because the OP asks for advice and responds to comments given, but then doesn't post again later to give an update. I will let you know once I know some more myself. Thanks.
Mikey4444, yes I find it very disappointing when I read posts where someone is genuinely asking for some advice or opinion on a specific matter like a legal issue and some others just post but do not address the issue or seem to delight in having a go at someone. Good that AB is moderated and such posts are removed.