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Party or pay up
Posted: Mon Jan 19, 2015 8:55 pm
by Gob
A five-year-old was billed for failing to attend a friend's birthday party - resulting in threats of legal action.
Alex Nash, from Cornwall, was invited to the party just before Christmas.
An invoice for £15.95 was sent by his schoolfriend's mother Julie Lawrence, who said Alex's non-attendance left her out of pocket and his parents had her details to tell her he was not going.
Alex's father Derek said he had been told he would be taken to the small claims court for refusing to pay.
Alex's parents, from Torpoint, had accepted an invitation to the party at a dry ski slope in Plymouth, Devon, just before Christmas.
However, they realised their son was double-booked and due to spend time with his grandparents, which he did.
His parents said they had no contact information for Ms Lawrence at that time.
They found the invoice in a brown envelope in his schoolbag last week.
Mr Nash said: "It was a proper invoice with full official details and even her bank details on it.
"I can understand that she's upset about losing money. The money isn't the issue, it's the way she went about trying to get the money from me.
Re: Party or pay up
Posted: Mon Jan 19, 2015 9:08 pm
by Big RR
Wouldn't the parents have been out that amount (at least, that might have just been the cancellation fee) if he attended or not? I can't see how they lost any money because he didn't attend (and if it turns out that the parents paid less because it was a cancellation fee, might the Nashes counterclaim for unjust enrichment?

).
Re: Party or pay up
Posted: Mon Jan 19, 2015 9:12 pm
by Lord Jim
Strop, I guess you can stop needling us for how lawsuit-happy we are here in the States now...

Re: Party or pay up
Posted: Mon Jan 19, 2015 9:47 pm
by wesw
probably his share of the chuck-e-stilton bill
Re: Party or pay up
Posted: Mon Jan 19, 2015 11:58 pm
by MajGenl.Meade
Big RR wrote:Wouldn't the parents have been out that amount (at least, that might have just been the cancellation fee) if he attended or not? I can't see how they lost any money because he didn't attend (and if it turns out that the parents paid less because it was a cancellation fee, might the Nashes counterclaim for unjust enrichment?

).
An excellent point, I'd say. I use the same logic with my wife quite often. She's into the "we don't want to waste the money so we may as well...." to which I respond "the money's gone already, no matter what, so we may as well NOT..." I lose.
Re: Party or pay up
Posted: Tue Jan 20, 2015 11:58 am
by Crackpot
I think it may have been a deal where the RSVP meant let us know so we can reserve a space, ticket, whatever. If they weren't going to show it would have meant they wouldn't need to spend the money. Those of you that have had something catered "per plate" know how this goes.
The last quote pretty much says it all.
Re: Party or pay up
Posted: Tue Jan 20, 2015 12:28 pm
by oldr_n_wsr
Alex's father Derek said he had been told he would be taken to the small claims court for refusing to pay.
Shoulda just got "Joey the wrench" to collect.
Re: Party or pay up
Posted: Tue Jan 20, 2015 1:35 pm
by Guinevere
Idiotic and ignorant. People who throw parties have no shows all the time and take a lot more than $15.95 losses. Whatever lady - if you can't take the hit, don't have the party.
Re: Party or pay up
Posted: Tue Jan 20, 2015 2:44 pm
by Big RR
I agree; if this was a friend of the child's I might have sent a gift even though my child couldn't attend (but I probably wouldn't have after I got the bill).
CP--while I understand it, they seem to be complaining that he did not cancel (even though the maintain the parents knew how to contact them); again, whether the child came or not (or canceled or not), they spent the "per plate" charge and wouldn't have saved anything if he canceled (at least that's what I can make out from the OP), so they suffered no compensable loss--they're out the nearly 16 pounds either way. This is more a breach of etiquette than the law. A party is not a business proposition.
Re: Party or pay up
Posted: Tue Jan 20, 2015 4:40 pm
by Crackpot
Uhh as I said it's all in the last quote they took a minor breach of etiquette and commited a major social faux pas in return.
Re: Party or pay up
Posted: Tue Jan 20, 2015 5:14 pm
by TPFKA@W
I am inclined to assign them equal guilt regarding quantities of oafish behavior. It would not have taken a huge amount of effort to learn the name of the party giver and let them know you could not be there.
Re: Party or pay up
Posted: Tue Jan 20, 2015 6:20 pm
by Guinevere
If you want people to RSVP, you have to give them the information to make it possible. Its still not often enough - people will still show without RSVPing and not show when they have said they will attend.
Re: Party or pay up
Posted: Tue Jan 20, 2015 7:13 pm
by Big RR
Guin--the boors and the jerks will show/not show as the whim suits them. To me it's like coming late; it's tremendously selfish (especially if a dinner is being served), but jerks are jerks. A good number of people in my wife's family are like that; one Christmas all they got to eat was dessert because they came after dinner (and I refused to bring the dinner out again for them). They learned to come on time to my house or to eat on the way.
Re: Party or pay up
Posted: Tue Jan 20, 2015 7:27 pm
by wesw
that s the Christmas spirit!
Re: Party or pay up
Posted: Tue Jan 20, 2015 7:35 pm
by Guinevere
WaPo, a day late (and $25 short?):
http://www.washingtonpost.com/news/morn ... ?tid=sm_fb
Excerpt:
The Telegraph got its hands on the germane Facebook messages. “I do not like fighting with people,” mother Nash said, “and would prefer to settle this amicably.”
“This is not the first time Alex has not turned up to a part that he has been invited to,” the birthday boy’s mom parried. “The amicable way around this I believe would be to pay me the money and let a lesson be learnt. I hope this is agreeable?”
“And exactly what lesson would I be learning?” mother Nash asked. “I am not a child, so please do not speak to me like I am one. So, to answer your question, unfortunately no. This is not agreeable.”
“You are paying.”
“Just so you know, small claims court costs 60 pounds just to start a claim.”
“It doesn’t cost that much.”
“It does.”
As of Tuesday morning, it was unclear whether the drama had spurred any legal action yet — nor is it known whether the ski party was indeed something Alex regretted not attending.
Re: Party or pay up
Posted: Tue Jan 20, 2015 8:02 pm
by Big RR
Why would she admit that; she knew he might not show up and willingly went out and paid the 15+ pounds anyway. It's like saying "I knew you wouldn't come, but you owe me the money anyway.
edited to add:
It looks like the filing fees are around 30 pounds
https://www.gov.uk/make-court-claim-for ... court-fees
Re: Party or pay up
Posted: Tue Jan 20, 2015 8:22 pm
by wesw
and this is international news ? jiminy crickets!
Re: Party or pay up
Posted: Tue Jan 20, 2015 9:11 pm
by Big RR
Slow news day.
And stories about cranks sell papers.
Re: Party or pay up
Posted: Thu Jan 22, 2015 8:09 am
by BoSoxGal
I would like to think that a magistrate would throw this case out without a hearing - hearing it would be a ridiculous waste of judicial resources!
Re: Party or pay up
Posted: Thu Jan 22, 2015 2:25 pm
by rubato
Y'know we could front you guys a busload of lawyers to sort that out. On us. Naw, no need to send them back, jest keep 'em in case you need something else to go wrong.
yrs,
rubato