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Threatend with court...can that happen

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  • WellKnownSid
    WellKnownSid Posts: 1,982 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Kmc wrote: »
    ...is there anything I can say that means I don't have to pay him

    The loser failed to get you the exact model of phone you wanted - you ended up with an inferior, nah, grossly inferior mobile telephony experience.

    A combination of stress and the complete lack of video features on the handset you were given resulted in the subsequent loss of the handset on the Clapham omnibus on the grounds of diminished responsibility.

    It sounds like an open and shut case to me.
  • barbarawright
    barbarawright Posts: 1,846 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Your first post is slightly confusing - was the chap paying for the insurance for your original phone, then made a claim on your behalf and you decided you didn't want the replacement? You then sent it in the post and expect him to make the claim for its loss (please don't try selling on eBay if you think this is the way to go about things), then you managed to lose his phone and think he should claim for that as well (regardless of the fact that his insurers might be a little suspicious of two claims in a short space of time).

    Well, the bad news is, he might take you to court. The good news is, look at the Sticky on the top of this board and see if you can find any examples of people actually getting back money they'd lent to relatives if they didn't want to pay. So I would say there's very little chance of you having to pay him. I suppose it all comes down to whether you think your relationship with your sister and your sister's relationship with this chap (who seems a paragon of restraint and generosity) is worth more than £400.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Claim compo ;-)
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    paddyrg wrote: »
    Classic line.

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

    The "I'm not responsible as you are going out with my sister" defence is enshrined in English Law, it's better known as the law or "T[STRIKE]A[/STRIKE]rt"
  • Kmc
    Kmc Posts: 31 Forumite
    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.
    I needed the money to save up to go away to Thailand with my boyfriend.
    Your first post is slightly confusing - was the chap paying for the insurance for your original phone, then made a claim on your behalf and you decided you didn't want the replacement? You then sent it in the post and expect him to make the claim for its loss (please don't try selling on eBay if you think this is the way to go about things), then you managed to lose his phone and think he should claim for that as well (regardless of the fact that his insurers might be a little suspicious of two claims in a short space of time).

    Well, the bad news is, he might take you to court. The good news is, look at the Sticky on the top of this board and see if you can find any examples of people actually getting back money they'd lent to relatives if they didn't want to pay. So I would say there's very little chance of you having to pay him. I suppose it all comes down to whether you think your relationship with your sister and your sister's relationship with this chap (who seems a paragon of restraint and generosity) is worth more than £400.
    What if he takes it off my sister? What if he does take me to court and then baliffs come knocking on my parents door?

    As for what my sister thinks, My dad told her if she doesn't side with me she should never come home (She lives with him) so she is siding with me. They were engaged but my sister said that things are so strained because I told her to tell him to call it off thye may call it off.

    I don't feel I owe it to him. He is a nice guy why can't he accept this
  • Kmc
    Kmc Posts: 31 Forumite
    paddyrg wrote: »
    Claim compo ;-)
    Should I? He is putting me under stress :(
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Kmc wrote: »
    I needed the money to save up to go away to Thailand with my boyfriend.


    What if he takes it off my sister? What if he does take me to court and then baliffs come knocking on my parents door?

    As for what my sister thinks, My dad told her if she doesn't side with me she should never come home (She lives with him) so she is siding with me. They were engaged but my sister said that things are so strained because I told her to tell him to call it off thye may call it off.

    I don't feel I owe it to him. He is a nice guy why can't he accept this

    I think I just wet myself a little! :rotfl:
    Gone ... or have I?
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 April 2011 at 8:56PM
    Hang on, so am i right in thinking you sold the replacement phone ?

    so what happened to the phone that was faulty ?

    why werent you happy with the replacement phone that was sent(was it wrong shape/colour) ? a blackberry is a blackberry whether its a curve or another version

    why dont you think you should pay your sisters boyfriend back ?
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    Gawd, this has to be a wind up... can anyone be this?... this?... this?... words fail me.

    By the way, look here for the complaint about how the OP has been treated in this thread:

    https://forums.moneysavingexpert.com/discussion/3179222
    :hello:
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    To feed or not to feed.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
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