Should she replace it?

[Langarg]

My friend asked if she could borrow my Dyson airwrap for her wedding as money was tight and she couldn’t afford a hairdresser. It was a small wedding with only her, her DH and two witnesses. I reluctantly agreed (bit of a people pleaser).

The wedding was two weeks ago, we exchanged a few messages back and forth the day after her wedding. A few days later I asked if she could please return my airwrap and she didn’t reply. I messaged again saying I really need it back as I don’t have a hair dryer anymore and solely use this to dry/style my hair and she eventually replied saying she accidentally left it in the hotel however the hotel are claiming it wasn’t left there.

She was very apologetic however didn’t offer to replace it or give me the money for it. I raised this with her and explained that I shouldn’t be left without my airwrap or out of pocket for her mistake and she said that she couldn’t afford to replace or give me the money for it. She then sent me a link to a post on Facebook marketplace of someone selling an older model for £150 and said that if I buy that she can pay me back in 3 monthly instalments.

I don’t want to accept this because firstly why should I be out of pocket £150 and risk not being paid back and I don’t want an older model when I had the newer one which cost me nearly £500 less than a year ago.

I explained this to her and she said she is going to be forced to put a brand new one on her credit card which will put her in to debt. I feel awful but I really don’t know what to do?!

Please give me some advice…

YABU = buy the £150 older model and hope she pays the 3 monthly instalments
YANBU = accept her offer of her buying a replacement on her credit card

There might be a contract, and the emails etc would be good evidence of a verbal contract "https://harperjames.co.uk/news/is-a-verbal-agreement-legally-binding" depending on whether there is evidence of consideration on both sides. There is evidence that she has deprived the OP of a valuable asset. I'd expect a small claims court claim to succeed.

It would be worth it to me to try out small claims, given the value of the item, and also the 'value' to me of putting the wind up her sales. It may or may not succeed once they get in court, but it MIGHT be enough to scare the CF to do the right thing.

You don’t need a contract for legal action. When someone rams into your car, they aren’t liable for the damage because you had a contract, but they had a duty to act in a particular way and their failure to discharge that duty caused you loss. The entire law of tort/delicr (depending on jurisdiction) is based on non-contractual loss.

While OP isn’t going to be doing down this route, (she has other options) if she were making a claim it would be on the basis that when she borrowed the Airwrap, she had a duty to take reasonable care of it, her failure to discharge that duty caused OP loss, she is liable to compensate her for it.

I too remember that one! What a cheek some people have.

cheekily calling to @prh47bridge for his view!

This

Any updates OP?

The sad moral of the story, for everyone, is that if you lend somebody something, always do it knowing there's a chance you may get it back damaged or you might not get it back at all.

I don't tend to lend stuff for this reason 🤷‍♀️

My view is that of course she should replace it. She borrowed it. It wasn't a gift. If she has lost it, it is on her to replace it or at least refund the value. She may be able to get away with providing a second hand one of similar age and condition, but not an older model.

GDPR about a dyson airwrap?? She's a bad tit!

Also - got to love the people saying they could NEVER EVER spend that much on a hairdryer and isn't OP silly for doing so when they just go and stand in the wind with wet hair and that works well enough !

I got a dyson supersonic and it genuinely changed the game for me. Would buy it again in a heartbest

OP what colour are the carpets?? I'm so invested

@RosesAndHellebores

you are quite right! OP should just shrug and smile indulgently at her selfish, thieving friend…’cos at the end of the day who does Op think she is, spending HER money on something that SHE wanted?! She got what’s coming to her in your book clearly. Well. You are wrong.

QVC airwrap

She can buy you a brand new one on QVC in 4 'easy pay' instalments. She has to get you a new one. I'd go fucking nuts if my friend did this to me, fuck that.

Yes, a new one. It's about the warrantee as well - if you bought yours new you would have had a good warrantee. You won't have that with a second hand one, and that's really important on items as expensive as this.

I've actually just bought a Dyson airwrap on the back of this thread! 😅 OP, you should get commission!

Can't believe the brass neck of her!! Don't settle for a cheaper model. She owes you an exact replacement,then dump her arse.

Dyson airwraps are mint tbf, well worth the money

That's exactly what I thought when I first read the OP. The "friend" assumed she would be able to keep the airdrop without consequences if she claimed it was lost.

Not your fault she's out of pocket. She should buy you a new one, and yes on her creditcard. Needless to say you will never-ever again make the mistake of letting her even look at something that belongs to you.

She's a right CF.

Oh my goodness!! She should have bought a brand new one and returned it to you as if it were yours. If she actually lost it, that is.

I think she’s kept it for herself and wants to make you feel so awkward that you slink away and let her get away with it. Horrible woman.

Exactly my thoughts I’d be looking in local pay in shops and seeing if it’s there and asking who brought it in if it is 🙈

Me too 😂😂

Personally I think she has stolen it and I wouldn't settle for anything less than a new one. How disgusting of her to treat your property you so graciously lent her so casually and why couldn't she have bought herself a cheap hairdryer if she didn't have one or use one from the hotel? I would be absolutely fuming, she is treating you really abysmally