screwed over by ex flatmate...

tricm1

hey howdy, i could use some advice.
i had a mate who i let live with me for a few months and he kinda left me high and dry when it came to rent and bills, now to be fair in chipped in for shopping about 40 bucks a week but always said he was broke so i didnt push. however he had enough to bugger off to france and spain. i am thinking bout going through the small claims courts because he needs a swift kick up the ass coz i worked out he owes over a grand. im not the only 'friend' he's shafted over with money, theres one or two more.

dats_right

You say that you let him live with you for a few months, was there an actual agreement that he would pay rent and bills? Where the terms of that agreement sufficiently precise ie. An exact amount, or percentage towards rent and bills agreed? If not, it would be very difficult to argue that your friend was under a legal obligation to pay you any money. Certainly in circumstances where there was no precise agreement in place, most people would however feel under a moral obligation to pay a reasonable amount. But a moral obligation is not the same as a legal one and is not enforceable before the Courts.

amdublin

I don't think this type of complaint/claim is dealt with in the small claims court:

http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court

The following types of consumer claims can be dealt with under the Small Claims procedure:

• Consumer claims such as for faulty goods or bad workmanship. You must have bought the goods or service for private use from someone selling them in the course of business.
• Claims can also be made for minor damage to your property.
• Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.

Consumer claims cannot be made in the Small Claims Court for debts, personal injuries or breach of leasing or hire-purchase agreements.
Businesses can make claims against other businesses in relation to contracts for goods or services purchased. It does not apply to claims in relation to:

tricm1

we mentioned it in passing like, that he'd help out when he could but he had money trouble like me but i made sure i covered the bills. my ex landlady signed a social welfare form stating he was living with me so he could still collect his dole. he's left me high and dry and i still have to pay the outstanding bills

Mr. Presentable

There's sod all you can do. You just have to take it as a costly lesson. Don't mix money and friends.

tricm1

balls! judge judy is very misleading haha

me_right_one

dats_right wrote: »

You say that you let him live with you for a few months, was there an actual agreement that he would pay rent and bills? Where the terms of that agreement sufficiently precise ie. An exact amount, or percentage towards rent and bills agreed? If not, it would be very difficult to argue that your friend was under a legal obligation to pay you any money. Certainly in circumstances where there was no precise agreement in place, most people would however feel under a moral obligation to pay a reasonable amount. But a moral obligation is not the same as a legal one and is not enforceable before the Courts.

Surely thats where a judge comes into it though, no? A human with sufficient knowledge of the law to know how forcibly, or not, to apply it? Is the law not supposed to be human rights and morals in written form? And is a judge not supposed to "judge", or make a justifiable judgement call where a written law doesn't cover an actual situation? Thats what most non-law related people I know believe.

Tom Young

tricm1 wrote: »

hey howdy, i could use some advice.

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