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charlie182 · Jul 23, 2008, 10:48 AM

Myself and my friend joined a gym a year ago and it was a two for one deal. My friend a greed the money would come out of his account and that each month I would give him my share of the money, however, this was a verbal agreement. Recently he has become distant and I have not sin him 4 many weeks but now has decided I owe him £150. He has threatened with legal action. Does he have a case for this?

adam_89 · Jul 23, 2008, 10:56 AM

By no means does he have a case, if it was verbal, than it is just heresay. His word against yours. And it doesn't sound like much of a friend if he is doing that to you!

rockinmommy · Jul 23, 2008, 08:00 PM

Originally Posted by charlie182

Myself and my friend joined a gym a year ago and it was a two for one deal. My friend a greed the money would come out of his account and that each month i would give him my share of the money, however, this was a verbal agreement. recently he has become distant and i have not sin him 4 many weeks but now has decided i owe him £150. He has threatend with legal action. Does he have a case for this?

If it was strictly a verbal agreement he probably wouldn't have much of a case against you if it went to court. However, if the two of you made an agreement about the gym membership it doesn't seem to me like him being distant is just cause to stiff him on your half of the payment. You should have cancelled the membership, if his friendship or lack thereof was a condition to keep the arrangement going.

Cancel the membership, pay him your half of the dues up to this point, and in the future don't mix business and friendship.

this8384 · Jul 25, 2008, 11:18 AM

He may or may not; it all depends on who the judge decides to believe. It sounds like you're admitting that you owe him money but for some reason, you don't think you need to pay him. Is there more to this situation?

ScottGem · Jul 25, 2008, 11:28 AM

First from the legal point of view. A verbal agreement IS binding just as much as written one. The problem is proving it. And frankly, I don't think he will have a problem doing so. The gym should have a record that you both signed up together. Depending on how you paid your share, he may be able to prove you that you made payments to him. If he can, then he has a case against you.

But more than the legal issues is an ethical one. You netered into an agreement. You gave your word that you would pay him your share. So you have a moral obligation to make good.

ScottGem · Jul 25, 2008, 11:30 AM

Originally Posted by adam_89

By no means does he have a case, if it was verbal, than it is just heresay. his word against yours. and it doesnt sound like much of a friend if he is doing that to you!

First its hearsay, Second, verbal agreements are binding, they just have to be proven and there may be evidence to back up the friend's case. Finally, its more that the OP is not being much of a friend. They agree to dshare the membership costs and the OP is reneging.

adam_89 · Jul 25, 2008, 12:38 PM

Ok ScottGem! I meant to put hearsay. My bad! He had a reason of why he wasn't able to pay, maybe we don't know the whole story, that's for him to soon find out what is going to happen! I was just giving my advice like he asked for some. {masked profanity edited out}

ScottGem · Jul 25, 2008, 12:49 PM

Originally Posted by adam_89

Ok ScottGem! i meant to put hearsay. my bad! he had a reason of why he wasnt able to pay, maybe we don't know the whole story, thats for him to soon find out what is going to happen! i was just giving my advice like he asked for some. {masked profanity edited out}

We pride ourselves on the accuracy of the advice given out here. Your advice was totally inaccurate. Verbal agreements are binding. It doesn't matter whether the OP had a reason to not pay. The OP stated he had agreed to pay. So the obligation exists.

And I suggest you read the rules here about appropriate language and name calling.