Threatend with court...can that happen

danothy

Kmc wrote: »

In October, I borrowed a phone from my sisters boyfriendCOLOR="red"]nice of him to lend you a phone[/COLOR, 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 himCOLOR="red"]only fair that you would agree to pay the charges for the claim you are making[/COLOR.

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.COLOR="red"]fair enough if you want to put in the difference to get a better phone[/COLOR 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)COLOR="red"]if you don't want to pay the excess you agreed to then why do you think you should get to keep/sell the phone?[/COLOR. I told him I had sent it back via the postCOLOR="red"]so you lied[/COLOR, 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?COLOR="red"]because you lost his property (immediately after going back on the excess promise you made). also, he might not have it insured[/COLOR

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 himCOLOR="red"]you could just keep lying to him to avoid paying, alternatively you could agree to the £10 a month thing.[/COLOR

It seems you've mugged this guy off and now can't understand why he wants the excess money you said you'd pay and for you to pay for the first phone he lent you claim to have lost. He might be rich, but that in itself doesn't mean you should be excused from reimbursing him the money you've directly cost him.

dmg24

Kmc wrote: »

I called the police, they said its civil and not interested

I wouldn't accept that. Sod the police, go to the top. Ring David Cameron. And don't accept them fobbing you off with that Nick Clegg character either, it's Dave or you're taking it to Europe.

skiddlydiddly

I think its gone beyond Cameron now, needs the attention of O' Bama.Or God?

DCFC79

dmg24 wrote: »

I wouldn't accept that. Sod the police, go to the top. Ring David Cameron. And don't accept them fobbing you off with that Nick Clegg character either, it's Dave or you're taking it to Europe.

i reckon european court of human rights is the palce where the OP should be as clearly they have been derived of having the phone they requested,

Kmc

I shouldnt have to pay him back, he is seeing my sister. He should just be the nice guy he is and not demand repayment. My friend said I would get a CCJ out of all this, is this true

DCFC79

Kmc wrote: »

I called the police, they said its civil and not interested

why would the police be interested, the bf hasnt commited a crime

DCFC79

Kmc wrote: »

I shouldnt have to pay him back, he is seeing my sister. He should just be the nice guy he is and not demand repayment. My friend said I would get a CCJ out of all this, is this true

its possible,

you will also get banned from going to thailand but depends when the ccj is issued

Kmc

DCFC79 wrote: »

why would the police be interested, the bf hasnt commited a crime

He is demanding money off me though

DCFC79

Kmc wrote: »

He is demanding money off me though

which isnt a crime, you agreed to pay the excess which you havent payed,

you sold the replacement which wasnt yours to sell in the first place

Kmc

DCFC79 wrote: »

its possible,

you will also get banned from going to thailand but depends when the ccj is issued

why would thailand ban me?