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Friend refusing to pay for damage he caused.

24

Comments

  • Registered Users, Registered Users 2 Posts: 11,475 ✭✭✭✭Ush1


    If he knew your phone was in there, ask him to pay up. If he doesn't pay, learn some kickboxing, swift shin to the dome.


  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    What are his parents like? If they are decent people and he knew the phone was in the pencil case. Contact them and explain the situation and request that they talk to there son and encourage him to do the right thing. Have the receipt for repair.


  • Banned (with Prison Access) Posts: 1,141 ✭✭✭Stealthfins


    I remember someone squashed my Iron Maiden tape,told him he'll look like Eddie if he's not careful.

    Eddie's the guy on the front cover


  • Closed Accounts Posts: 382 ✭✭endagibson


    calvinr22 wrote: »
    To get it out of my way I put it in my pencil case and zipped it up.

    Suddenly Dan picked up the pencil case and threw it at a wall, hard.
    So he knew that the phone was in there, correct?


  • Registered Users, Registered Users 2 Posts: 8,435 ✭✭✭wandatowell


    This Dan sounds like a serious dude.


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  • Registered Users, Registered Users 2 Posts: 540 ✭✭✭GreatDefector


    The squashing of the mandarin was a key moment in the build up to the pencil case throwing thus the phone breaking.

    Funny enough, it's like the Scorsese of storytelling

    3hrs long but full of character depth, touching and very moving story

    The pencil case's death though gory was artistic and the final reveal that the phone was inside the entire time... well that was just...

    Head in a box stuff

    7db.gif


  • Registered Users, Registered Users 2 Posts: 22,325 ✭✭✭✭endacl


    Jaysus. Teenagers and phones...


  • Registered Users, Registered Users 2 Posts: 565 ✭✭✭el_gaucho


    https://www.youtube.com/watch?v=78-4RobJQ0Y

    I'd pay it and leave him behind.

    You beat me to it!
    So true though.


  • Registered Users Posts: 1,039 ✭✭✭face1990


    But for his actions the phone wouldn't be broken - novus actus interveniens, mentioned above.

    However, you were the first to mess around with the pencil case. He can't be expected to know that you put a phone into it later on.

    So although he was the one that threw it, it was proportional to the horseplay you had already taken part it.
    And a pencil case is not safe place to keep a phone (not least because no-one expects it to contain a phone).

    My verdict: you were negligent, you pay. If he's really decent he might pay half, but is not obliged to. Both of you learn a lesson about respecting other people's stuff.


  • Registered Users, Registered Users 2 Posts: 34,044 ✭✭✭✭listermint


    Op it's a long time since an S4 was a 400 euro phone. Buy a second hand one off adverts. This is up for 80 could get it for last there are others

    http://www.adverts.ie/11399937

    Or buy your own screen and fix it yourself it's easy videos all over the place.

    Either way he's still your friend. You'll get over it


    http://m.ebay.ie/itm/New-For-Samsung-i9500-Galaxy-S4-LCD-Display-Screen-Touch-Digitizer-Frame-Blue-T-/182231938755?nav=SEARCH


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  • Registered Users Posts: 2,178 ✭✭✭bajer101


    1b13ei.jpg


  • Registered Users Posts: 969 ✭✭✭Green Peter


    Growing up can be a bitch!


  • Registered Users Posts: 4,138 ✭✭✭realitykeeper


    You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.


  • Registered Users, Registered Users 2 Posts: 22,325 ✭✭✭✭endacl


    You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.

    The other party, unlike many posters on boards, may be aware that the SCC ≠ Judge Judy. A confident bluff may leave him looking like a tool.


  • Registered Users, Registered Users 2 Posts: 6,799 ✭✭✭SteM


    You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.

    You can't bring an individual to small claims court.


  • Closed Accounts Posts: 750 ✭✭✭Harvey Normal


    I'd be careful. Hitting somebody with a pencil case big enough to hold a Samsung is possible criminal assault. Even if he squashed your mandarin. Breaking a phone accidentally is a civil matter.


  • Registered Users, Registered Users 2 Posts: 22,325 ✭✭✭✭endacl


    SteM wrote: »
    You can't bring an individual to small claims court.

    Yes you can.


  • Closed Accounts Posts: 2,828 ✭✭✭5rtytry56


    endacl wrote: »
    Jaysus. Teenagers and phones...

    Could be the name of a movie.

    ..Anyone remember "Women & Cigarettes"
    with James Gandolfini and Christopher Walken?

    Probably not teenagers...they would have been babies.


  • Registered Users, Registered Users 2 Posts: 10,746 ✭✭✭✭28064212


    endacl wrote: »
    Yes you can.
    Only if that "individual" is acting as a business (e.g. sole trader):
    http://www.courts.ie/Courts.ie/Library3.nsf/0/50A0FEDF19079201802574050061745F?OpenDocument
    To be eligible to use the procedure, you, the 'consumer' must have bought the goods or services (or the service) for private use from someone selling them in the course of business.

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  • Registered Users, Registered Users 2 Posts: 2,155 ✭✭✭StereoSound


    I got my big brother to batter the shoite out of someone who broke my radio controlled car. It was a hobby grade one and not a toy.. went to the school yard to use it and he crashed it into a tree and mangled it. I said to him..."you pay for that or I'll get my brother to batter the snot out of you, you big tosspot!".. He said no, so my brother battered him.. He gave my brother £30 for parts to fix it. Result! Sometimes the old ways are the best.. This was back in 96'.

    Anyways back to android phones lol.....


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  • Registered Users, Registered Users 2 Posts: 3,005 ✭✭✭xabi


    Judge Judy or get revenge, when I was your age there where hundreds of ways to get revenge on bullies.


  • Registered Users, Registered Users 2 Posts: 8,656 ✭✭✭Milly33


    Fine tis kinda crappy but at the same time why did you have your phone in school. Lesson learned no


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,632 Mod ✭✭✭✭Kimbot


    xabi wrote: »
    Judge Judy or get revenge, when I was your age there where hundreds of ways to get revenge on bullies.

    Ah here, there is no mention of any "Bully" and what the kid done is not the same as bullying.


  • Registered Users, Registered Users 2 Posts: 3,005 ✭✭✭xabi


    jonnycivic wrote: »
    Ah here, there is no mention of any "Bully" and what the kid done is not the same as bullying.

    Dan sounds like a bully to me or maybe just an asshole or maybe both


  • Registered Users Posts: 1,005 ✭✭✭Letree


    You both partook on a bit of rapscallionery and a phone got broken. I'm not sure either one of you could be fully blamed for the broken phone.


  • Registered Users, Registered Users 2 Posts: 2,875 ✭✭✭deadanonymau5


    You could mention the small claims court to see if that loosens the purse strings. I would not actually go to the small claims court but a confident bluff may work. The fact that you hit him back jokingly gives him the opportunity to say you smashed his skull in, almost. Putting down to a lessen learned is good advice, the lesson is worth a lot more than the phone.

    Maybe... if he was hoping that Dan forgot what he learned for the Junior Cert about the Small Claims Court!


  • Registered Users, Registered Users 2 Posts: 41,095 ✭✭✭✭Annasopra


    Just text/what's app him to say the phone was damaged when he threw the pencil case against the wall, it's going to cost you €x to get it fixed and you'd appreciate it of he'd pay 50% as you were both acting the pr1ck and should share the responsibility.

    If he's really your friend he'll agree, if he doesn't then he's not much of a friend so chalk it down to experience and move on.

    In fairness there's no way he could be expected to think that a pencil case you'd been hitting him with could contain a €400 phone. You set a precedent when you treated the pencil case irresponsibly yourself so he has plenty of mitigation in his favor.

    I agree

    You pay 50 repair, he pays 50 repair.

    Thats fair.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 2,875 ✭✭✭deadanonymau5


    It's a shame face kicker was banned, he would probably have some solid advice.


  • Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭cargo


    calvinr22 wrote: »


    What should I do?


    Don't be like Dan


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  • Registered Users, Registered Users 2 Posts: 3,601 ✭✭✭lassykk


    Has to be the most bizarre thread I've ever read in Android Devices!


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