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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Help me out here

99 replies

Oversosoon · 11/11/2020 16:41

A long time ago, A was leaving the country and getting rid of stuff. She had a bike which she gave to B. After a while, B found she wasn't really using the bike and let C use it. After a while the bike got stolen. B asked C for compensation. C refused on the grounds that B hadn't paid anything for it herself. Who was right, B or C?

OP posts:
Calmandmeasured1 · 11/11/2020 17:20

B is right.

Cocomarine · 11/11/2020 17:21

C owes B an equivalent (used) bike.

However, if C is not an arsehole, B should consider that she didn’t pay for and didn’t use the bike, so she’d be a bit of an arsehole herself to insist.

Whether C should have had insurance, depends on the value of the bike, in my opinion. Also I’d consider (morally, not legally!) their relative incomes. If C is rolling in it, it’s taking the piss not to make the gesture.

There’s a fair possibility that a bike will be stolen, so I think B should have considered that too, and requested C get insurance if she borrow it.

I’ve learnt a motorhome to a friend before - I asked them to take out their own fully comp temporary policy.

LittleLadyCece · 11/11/2020 17:25

C is in the right IMO. C locked it up so clearly took care for the bike. Said bike was then stolen through no cause of C's own. B got the bike for free and didn't really use it. Would B have ever wanted that bike back had it not be stolen? I cant imagine so.

Sodamncaughtinthemiddle · 11/11/2020 17:26

If I was C I would replace the bike. It was Bs bike irrespective of whether B had paid for it

ComeOnBabyHauntMyBubble · 11/11/2020 17:29

Did B lend or give C the bike? Was there ever any talk of returning the bike?

Would B happy with another bike or does she only want the money? That would make her a bit of a CF.

Was B planning to ask for the bike back or had she already asked?

Basically who's right depends on the "contract" they had and whether A is using this just as an easy opportunity to make some cash.

Gazelda · 11/11/2020 17:29

A gave B £10
B lent C £10
£10 was stolen
C owes B £10

BluebellsGreenbells · 11/11/2020 17:29

If B owns the bike than b should have insurance for their bike. It is not up to c to insure a bike they don’t own

Letshavesometea · 11/11/2020 17:31

I'd say technically B is correct, however from a friendship / common sense standpoint I'd say C

Oversosoon · 11/11/2020 17:31

These replies are giving me great pause for thought. Thank you very much.

SockDrawer That's a really sweet response, I like it!

flaviaritt These are good questions and it's because of this ambiguity that we fell out over it. No conditions were mentioned as I recall. C had been using it for so long that she felt an amount of ownership, and felt it's loss keenly. B didn't need it all that time.

Janaih No, I'm not A.

OP posts:
CoRhona · 11/11/2020 17:35

B was BU for asking for compensation when they hadn't actually lost anything of financial cost to themselves.

flaviaritt · 11/11/2020 17:35

These are good questions and it's because of this ambiguity that we fell out over it. No conditions were mentioned as I recall. C had been using it for so long that she felt an amount of ownership, and felt it's loss keenly. B didn't need it all that time.

But ultimately the bike was either given or it wasn’t. What was said at the point of transfer of possession of this (disastrous) locomotive?

flaviaritt · 11/11/2020 17:37

Not really a locomotive, is it? Just a vehicle?

StillCoughingandLaughing · 11/11/2020 17:37

B had a bike; now s/he doesn’t. That’s the beginning and end of it. The fact that B didn’t pay for the bike is irrelevant - it was his/hers. If someone lives in an inherited house and a guest damages the property, should they just shrug their shoulders and say ‘Oh well; the house was free anyway’?

Idontgiveagriffindamn · 11/11/2020 17:37

I think C took care of the bike by locking it up - it is not their fault it was stolen.
You say neither time it was ‘given’ therefore if anyone is owed a bike it is A and not B.
It wouldn’t surprise me if B wanted the money for the bike and not the bike itself.

StillCoughingandLaughing · 11/11/2020 17:39

These are good questions and it's because of this ambiguity that we fell out over it. No conditions were mentioned as I recall. C had been using it for so long that she felt an amount of ownership, and felt it's loss keenly. B didn't need it all that time.

She didn’t own it though, did she? Her ‘amount of ownership’ was zero. She got free use of a bike for a long time - she was lucky.

TidyDancer · 11/11/2020 17:43

C should offer to replace I think. But B should probably only accept a nominal amount towards it, maybe 50% of a second hand replacement.

Milkshake54 · 11/11/2020 17:44

I think if anything C should not give B cash - and should provide a second hand bike. It doesn’t sound like B actually wants / needs a bike?

However, if it was me as B I’d cut my losses and recognise if I had lent someone something for over a year - I wasn’t getting it back.

ComeOnBabyHauntMyBubble · 11/11/2020 17:47

Again it's all in the wording.

"You can have my bike" is different from "you can use this bike until x time/ you can borrow my bike/ you can have the bike while ..." .

islockdownoveryet · 11/11/2020 17:52

It depends I'd it was given or lent .
I've been given and lent things over the years .
If I was given something and it broke / stolen/ lost I wouldn't expect the giver to want compensation.
If I was lent something then most definitely I would refund .

fashu · 11/11/2020 17:53

Did B give the bike to C?
Would B have ever asked for the bike back had C not lost it?

MostlyAmbridgeandcoffee · 11/11/2020 17:53

C

Oversosoon · 11/11/2020 17:58

ComeOnBabyHauntMyBubble Milkshake54 and Idontgiveagriffindamn I think the money element was the problem for C. B wanted financial compensation, not a replacement bike (not that C offered!). According to C the only person who should be compensated was A if she ever came back.

OP posts:
Lockheart · 11/11/2020 17:58

Technically B is owed a bike, but since B apparently doesn't need or want a bike and it was stolen through no fault of C's, I think they'd have to be a colossal dick to insist on compensation.

If it was a treasured and much used possession of Bs which C had e.g. left out in the rain and ruined then obviously C would be in the wrong.

chickenyhead · 11/11/2020 17:59

B is being a bit of a wanker imho.

On lending the bike to C a poor student who did in fact take care of and attempt to protect said bike, B should have realised that there was a chance said bike may never return. This is a simple risk assessment. If B couldn't afford to lend it and potentially lose it, B shouldn't have allowed C to use it in the first place.

What if said bike was ran over by a car? With C on it? Would B be claiming from Cs estate?

What if said bike broke? Did B retain the duty to repair it on behalf of C?

C took due care of the bike, life happened, an event outside of Cs control. C had no insurable interest, she didn't own the bike. B needed to insure the bike but didn't.

islockdownoveryet · 11/11/2020 17:59

I've just re read your op at you have said after a while I let C use it .
So did B say you can use it but I want it back ? Or did B just say you can use it ? Which could mean you could have it but you need to be clear when giving / lending something.

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