5yo Billed For Missing Birthday Party

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2010-06-21
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5yo billed for missing birthday party
 Odin.Godofgods
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By Odin.Godofgods 2015-01-19 16:50:37  
Im not sure the location that this one occurred but since its in £ not $ im guessing somewhere in Europe maybe?

Quote:
Boy, 5, Invoiced For Missing Birthday Party



The parents of a five-year-old boy have been threatened with court action because he missed a schoolfriend's birthday party and left the hosts out of pocket.

Derek Nash, from Torpoint, Cornwall. discovered an invoice for £15.95 had been put into son Alex's schoolbag after he was a "no show" at the ski centre party.

Mr Nash said he originally thought the letter was a joke but now the friend's mother is threatening to take the matter to the small claims court.

The family accepted the invite to the Ski Slope and Snowboard Centre just before the Christmas holidays, forgetting they had a prior family commitment.

Mr Nash said he had already arranged for their daughter to go out with her grandparents.

He said: "She [the mother] saw me and asked if Alex was coming to the party. At this time I agreed and said that Alex was looking forward to it.

"By this time we did not have a contact number, email or an address to let [the mother] know.

"So on the day of the party we asked Alex what he wanted to do - he chose to be with his grandparents."

When the children went back to school in January, Mr Nash's partner tried once more to apologise to the boy's mother but did not see her.

He said: "On January 15 she looked in Alex's school bag and found a brown envelope. It was an invoice for £15.95 for a child's party no show fee.

"I asked Alex's class teacher if [the child's mother] had given anything to her. She said, 'Yes, a brown envelope'.

"I then visited Alex's school headteacher, who couldn't apologise enough that one of the teachers had passed this on. She said she would remind all staff that this was a breach of protocol."

Mr Nash said while he sympathised with the woman, he told her he would not be paying.

She has since threatened to take the case to a small claims court, while the birthday boy will no longer play with Alex at school.

Mr Nash added: "I drive all around the South West for my job and I have talked to quite a few people about this.

"They're all quite incredulous that this has happened. I thought it was a joke to begin with. I am lost for words."

The mother of the birthday boy has not commented on the row.

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 Bahamut.Seekerstar
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By Bahamut.Seekerstar 2015-01-19 17:06:46  
When I first saw the topic title, I thought it was a business who'd done this, because in a lot of places where you contract to have a party you will pay a fee just for reserving the space, which can be nonrefundable.

But this is just ***. Stuff happens, the mother didn't give the kid's parents contact info to cancel... don't be a *** and send a bill -.-
 Asura.Kingnobody
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By Asura.Kingnobody 2015-01-19 17:07:08  
We talked about it on RT.

Invoice is ***, amount is minimal, no *** were given, Aelius learned about QuickBooks invoicing.
 
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 Sylph.Tigerwoods
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By Sylph.Tigerwoods 2015-01-19 18:34:50  
If they didn't sign anything, they're under no obligation
 Odin.Jassik
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By Odin.Jassik 2015-01-19 19:07:40  
Sylph.Tigerwoods said: »
If they didn't sign anything, they're under no obligation

I don't know about England, but here, it could be a verbal contract.

You don't need to sign anything to be legally bound in some cases.
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By Bloodrose 2015-01-19 19:12:26  
Odin.Jassik said: »
Sylph.Tigerwoods said: »
If they didn't sign anything, they're under no obligation

I don't know about England, but here, it could be a verbal contract.

You don't need to sign anything to be legally bound in some cases.
It becomes a matter of he said/she said. Quite literally in this case, and the entire matter could be thrown out.

There are other applicable factors that go into awarding the plaintiff in matters of verbal contracts that come up in claims courts, such as the sum, the reason, prior knowledge of the fees, etc.
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By Cecilia Charl 2015-01-19 19:39:45  
For a *** birthday party though? The judge will look at the plaintiff and laugh at them, the kid whose mother is pulling this crap will be branded as a laughing stock of the school he is in as no one will want to go to his parties because "That kid's mom'll demand money"
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By Bloodrose 2015-01-19 19:41:35  
Not only is the cost of a small claims court in this instance well above the damages sought after (the claim is for the invoiced amount), but there are additional costs incurred if/when this mother loses the court case, as well as possible counter claims.
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By Valefor.Endoq 2015-01-19 20:35:23  
Wasting tea for a missing guest is serious business in the UK.
 
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 Odin.Terren
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By Odin.Terren 2015-01-19 21:27:05  
BBC explains the legality of this in the UK:

http://www.bbc.com/news/uk-england-cornwall-30876360

Short version: no judge will ever assume a 5 year old can verbally consent to a contract.
 
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 Valefor.Endoq
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By Valefor.Endoq 2015-01-19 22:07:15  
Fenrir.Candlejack said: »
Odin.Terren said: »
BBC explains the legality of this in the UK:

http://www.bbc.com/news/uk-england-cornwall-30876360

Short version: no judge will ever assume a 5 year old can verbally consent to a contract.
If no judge will ever assume a 5 year old can verbally consent to a contract, then no judge would ever hear the case, even in small claims court. This "Ms. Lawrence" needs to be beaten and locked up in the kitchen, permanently.
Um, you seem to be missing the important part. She wasted tea, 5$ worth! 5$ could feed a homeless child for 5 months according to the TV.
 Bahamut.Seekerstar
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By Bahamut.Seekerstar 2015-01-19 22:10:54  
Fenrir.Candlejack said: »
So, I guess we're all in agreement then, that the case'll be thrown out, the friend's mother will end up indirectly getting her kid branded as a failure/ laughed at for the rest of his or her life, and that the judge will also more than likely laugh/ tell her to *** off and toss the case out?

The whole thing then boils down to being about yet another dipshit woman making stupid "decisions". Just like that dumbass in Florida I made a thread about once. Guys out there, married or dating? Do the rest of us all a big favor. Beat your women and keep them chained up in the kitchen (No, I'm not serious about that, but still, keep'em busy) so they don't make trouble for the rest of us. Thank you.

Gender really has jack to do with this, stupidity is pretty equal regardless of whether you sit down or stand up to pee.
[+]
 Valefor.Endoq
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By Valefor.Endoq 2015-01-19 22:17:37  
What if you do a handstand to pee? That would probably make this equasion unequal...
 Bahamut.Seekerstar
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By Bahamut.Seekerstar 2015-01-19 22:19:26  
Valefor.Endoq said: »
What if you do a handstand to pee? That would probably make this equasion unequal...

Then you will likely end up with piss on your face, which proves stupid all over again.
 Valefor.Endoq
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By Valefor.Endoq 2015-01-19 22:35:35  
Bahamut.Seekerstar said: »
Valefor.Endoq said: »
What if you do a handstand to pee? That would probably make this equasion unequal...

Then you will likely end up with piss on your face, which proves stupid all over again.
Not in zero gravity.
 Odin.Tamoa
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By Odin.Tamoa 2015-01-20 02:33:13  
Odin.Godofgods said: »
Im not sure the location that this one occurred but since its in £ not $ im guessing somewhere in Europe maybe?



Quote:
Derek Nash, from Torpoint, Cornwall

£ = GBP, as in pounds sterling. Sorry, but I just HAD to point that out.



Also;
Quote:
Mr Nash said he had already arranged for their daughter to go out with her grandparents.

lol
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