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Small Claims Court

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  • 24-11-2005 12:18am
    #1
    PowerHouseDan
    Registered Users Posts: 6,659 ✭✭✭


    Nearest place i could find on boards..

    If you wanted to File a Claim against a Company...Small claims court...Would you be Filing it against the Company of a Person in the Company?


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    #2
    mayordenis
    Moderators, Education Moderators Posts: 9,634 Mod ✭✭✭✭mayordenis


    i think it might depend somewhat on the situation.
    for example, if it was some sort of clerical error then you file against the company


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    #3
    PowerHouseDan
    Registered Users Posts: 6,659 ✭✭✭PowerHouseDan


    I want to take IrishBroadband....I was promised a Refund(Have this in writing) they will not return phone call, They lied saying the bank refused the money to the account(Contacted the bank said it was lies) Now they are ignoring my emails etc...i am owed about 150 Euro....Should i put a claim for that amount or i was thinkin 250 for all the Phone calls/time wasting i have made..


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    #4
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    The Company Secretary will do.


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    #5
    Dub13
    Moderators, Recreation & Hobbies Moderators Posts: 21,252 Mod ✭✭✭✭Dub13


    You will be taken the case against The Company.I have found that in 80% of cases once the company find out you are serious and taken action they will come around as they just don't want the hassle.

    So my advice would be to send them a letter (registered post always looks good) and tell them you are taken them to the Small claims court.Give them a time frame to reply (say 5 days) before you take action.

    Let us know how you get on.


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    #6
    Chipboard
    Closed Accounts Posts: 428 ✭✭Chipboard


    You cant file a small claim against a person, it has to be a company.

    You have to exhaust all normal means of getting redress before you resort to the small claims court else your wasting their time. The last thing you would do before filing a small claim would be to write to them informing of your intention but you should give them 21 days notice in my opinion, thats the kind of notice I think a court of law would expect so I think its best to match that.


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    #7
    muffler
    Registered Users Posts: 46,104 ✭✭✭✭muffler


    Chipboard wrote:
    You cant file a small claim against a person, it has to be a company..
    Dont think thats right somehow

    PowerHouseDan, never be over anxious about believing what you have been told in the bank either. They have been known to make mistakes too.


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    #8
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Chipboard wrote:
    You cant file a small claim against a person, it has to be a company.
    Slight clarification - You can only claim against a business. That business can be an individual sole trader (e.g. carpenter, plumber) or a company.


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    #9
    PowerHouseDan
    Registered Users Posts: 6,659 ✭✭✭PowerHouseDan


    Bit of a Update...Contact Ibb this morning, was told/promised that money would be sent to my account Monday(Yesterday) or today just rang up to make sure, they got no request to put money into my account, as they tried on the 28th of oct but the bank refused it....my bank laughed..anyway i rang the finance dep they said they would try to do it again friday but will only give me the 2 month refund....They took money out of the account at the end of sep and my contract ended at the end of sep.But she insisted they are only going to give me a 2 month refund...Small Claims i say i will be going.


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