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Non Payment Issue

  • 06-08-2013 9:49pm
    #1
    spiderdan
    Registered Users Posts: 650 ✭✭✭


    Hi, Just a quick question regarding an outstanding invoice I have with a new media outlet who I did a quick freelance job for over 3 months ago and I've been given the cold shoulder. The invoice is for e200 which admittedly is very small its just that the guy has consistently said that he will pay me. I have had a number of phone conversations with him most recently 2 weeks ago, I have numerous emails saying that he will get it sorted asap proving that the work was commissioned/ agreed by him.

    My issue isn't really about the money (it would be nice) it's the fact that the work I did has been used by the organisation to promote themselves online, it's really a matter of principle at this stage. I'm going to write a letter stating that having tried on countless occasions to settle the matter I've no alternative but to go the small claims court, my question is would the SMC listen to a case like mine for such a small amount? If so is there a question of claiming more then the original e200 + interest if I went down that road?

    Thanks in advance


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    While a business can claim against a business in the small claims court,

    "To be eligible to use the procedure, you, the 'consumer' must have bought the goods or services (or the service) for private use from someone selling them in the course of business. As a 'business' you must have bought the goods or services (or the service) for use in business from someone selling them in the course of business."

    A debt is excluded from the scope of the procedure,

    "Excluded from the small claims procedure are claims arising from:

    (a) a hire-purchase agreement

    (b) a breach of a leasing agreement

    (c) debts"

    http://www.courts.ie/courts.ie/library3.nsf/pagecurrentweblookuptopnav/small%20claims%20procedure

    Only option is District Court I'm afraid.


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