Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Going to the Small Claims Court

Options
  • 14-05-2009 10:14am
    #1
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭


    Maybe this should be in legal forum but I thought it more appropiate here.

    Just wondering has anyone here ever gone to the Small Claims Court over a dispute with a service/product provided?

    What was it like, a relatively smooth process or not worth your while? What kind of waiting time did you face before getting to court?

    Also has anyone ever tried to take a company to the SCC over a dispute and then have the company settle immediately one notice was served?

    I'm not heading there myself or anything ( though I was about to in a dispute with an overcharging mechanic last year), its just Ive never known anyone who has been and would like to get some feedback or stories on what it was like.

    Finally does anyone know if there is a European equivalent of the SCC?


Comments

  • Options
    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    I took a gym to the Small Claims Court.

    I heard nothing from their solicitors until I saw them in court. Due to the day, the court was too busy to hear my case, but the judge did want to hear what was involved. Their solicitor immediately asked for an adjournment (claiming he only got the brief that day). The judge asked if I objected, to which I said yes, that I had taken time off work to have the case heard. The judge then awarded me "compensation" to the value of a day's pay, to be paid before the case was next heard.

    When the case came back to the court, the gym had a new solicitor. The judge asked for the details of the case (again he said that the court was too busy that day to actually hear the case). I said that they breached the contract, because they didn't honour the advertisement on their flyer which encouraged me to join. The judge looked at my copy of the flyer. Their solicitor asked to see it too, since it seems they had never seen it before. The case was then scheduled to be heard in two weeks.

    I got a call a day before the court date from their solicitor, making an absolutely comical offer (way way too low). So, went to court. The judge asked if we had settled, to which I said no. The judge then advised them to make me a suitable offer and to stop wasting his time. We were sent outside to discuss. They then made me a very suitable offer, so we settled.

    The judge then heard us, and stipulated that I must be paid within 14 days.

    Happy result for me.

    The whole case - from the time I registered with the small claims court, to the day of settlement was about 4 months.


  • Options
    #3
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    Not a bad result Paul, glad to hear you got it sorted. I'm guessing gym disputes are two a penny in the SCC going by some of the threads on this board.

    Its also interesting to note that you were offered compensation for taking a day off work. Did they pay you a full days wages or just a few hours?

    I should also say that 4 months seems a quite reasonable turn around time. I was thinking it could be at least a year...


  • Options
    #4
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    The judge asked me how much my day was worth. :D So, I picked a rough figure. That was what was awarded. I think it was only because they asked for an adjournment.

    I was happy enough with how long it took. It can differ, depending on how busy the court is (District Court, plus Small Claims).


Advertisement