Threatend with court...can that happen

Kmc

In October, I borrowed a phone from my sisters boyfriend, as my blackberry broke and as he had it registered on his bank account insurance he put a claim in and I agreed to pay any excess and charges they pass to him.

I received the new phone, I asked for a Blackberry Bold as a replacement (I originally had a Blackberry Curve). The insurance said that this wasn't available and sent me a Blackberry curve, I wasn't happy, so when I receivied the phone I decided to sell it and upgrade via Orange. I told my sisters boyfriend it was the wrong one and I wasn't paying the excess, He asked for the phone back so he could send it back to the insurer to get his excess back (I thought it was a bit cheeky of him asking). I told him I had sent it back via the post, He didn't receive it and started asking for the £15. I told him he would have to claim via the royal mail.

He asked for his phone back. I told him he could. I left it on a bus and now its lost. I told him what had happened and I would pay for it. He said "okay, I am a little upset you lost it as it wasn't yours. If you want to pay for it, I searched the internet and the cheapest price is £380 from Amazon, Plus the memory card cost me £20 so how much can you afford a month? I am not a monster and not asking for it all in one go, I know your a student, If you can only afford £10 a month then its fine, If you have student insurance maybe claim off there?"

I feel he is being cheeky asking me to pay for it, he probs has it insured so why should I be out of pocket?

I have ignored him and he sent me a recorded delivery letter threatening me if I "don't pay the whole amount of £415 in 7 days he will commence small claims court proceedings against me"

Help! What can I do? I can;t afford this amount and is there anything I can say that means I don't have to pay him

jonesMUFCforever

Can your first post not be any more original than that.
Pull the other one ...............alert!

Kmc

No this is true. He is threatening me with court!!

I don't feel I am responsible as he is dating my sister.

jonesMUFCforever

You borrowed it - you lost it - why should he claim when you posted it back (your responsibility to use secure postage) or you lost it or you left it on a bus???
Pay up IMO.

pimento

He's offered to let you pay in installments. I'd take him up on that offer as you are most definitely in the wrong.

SnowTiger

So we have insurance fraud, one broken phone, one lost phone and one that's got lost in the post?

LOL.

paddyrg

Kmc wrote: »

I don't feel I am responsible as he is dating my sister.

Classic line.

The judge will take this into account, I'm sure.

Kmc

No, I lost his phone that he borrowed to me (Left it on a bus) I told him I posted the phone he got from his insurance but I sold it, How was it insurance fraud? The phone was in my sisters name? She insured it on his account which is joint?

Bridesmaid83

What does your sister think about all this? Does she feel like she's in the middle (being the partner of the person who's phone you lost)

Apples2

Hope he does take you to court... and succeeds in his claim against you.

Hope this helps.

Tigsteroonie

So you borrowed a phone from him, and lost that on a bus.

You also got him to claim from his insurance (he paid an excess), then you sold that replacement phone and presumably pocketed the money.

From how I read it, you owe him (1) for the lost phone which he lent you and (2) the excess he paid his insurers. You shouldn't expect him to submit a second claim for the phone that you lost, he's already done you one favour by claiming in the first instance.