Small claims court value

Sleeper12 · 01-04-2016 9:59pm

drunkmonkey wrote:

That's pretty much it, buyer beware and don't buy a phone from done deal. In you case though I'm assuming it was a scrapper would they have not just exchanged it for you if it was faulty, I presume you'd no way of testing it until it was fitted. You could go the scc route and might make â‚¬75 in 6mts, but tot up you time and see what 4 days without work and probably another day between phone calls and working with sheriff would cost you, would you have much change out of â‚¬750 in costs you can't claim for?

The typical scc case is done in one day. You can be in and out in an hour or you can be the last one of the day. I can't see where four days are coming from.
For me it wouldn't be worth it for 100 Euro but a day in the scc can be very interesting. I've gone along 4 times , been to the district court's and the four courts. Found them all very interesting.

Doylers · 16-07-2016 6:17pm

Update:

Hey all just an update with how things have been going. So as most of you might remember the phone was bought from meteors online store. Now the court in waterford wouldn't take the case they only would if the phone was bought in a brick and mortar store in waterford. So I had to put the claim in the dublin district court no big deal I work in Dublin now anyway.

So after the claim going in we had about 6 weeks of waiting, documents were sent to meteor which they appear to have ignored. By ignoring documents the other party wins be default so I win the case.

Next step is on Monday I go up and sign an affidavit saying meteor had no contact with me and I didn't receive anything from the etc. It will be interesting to see will the sherif be needed to get the money. I'll update when more happens.

Sleeper12 · 16-07-2016 7:49pm

Thanks for the update.

I'm delighted you will win this but purely out of wanting to know how a court would rule on this I'd preferred you won by the court ruling.
This particular one I've thought of a lot in the last few months. I'd like to think that you can't sign away your basic consumer rights just by signing a 2 years contract with a phone company.
Again delighted you are coming out on top here. ï¿¼

Edit: it's also a shame it had to be heard in Dublin. I'm sure this would put a lot of people outside of Dublin off lodging the complaint in the first place

Doylers · 16-07-2016 8:28pm

Sleeper12 wrote: »

Thanks for the update.

I'm delighted you will win this but purely out of wanting to know how a court would rule on this I'd preferred you won by the court ruling.
This particular one I've thought of a lot in the last few months. I'd like to think that you can't sign away your basic consumer rights just by signing a 2 years contract with a phone company.
Again delighted you are coming out on top here. ï¿¼

Edit: it's also a shame it had to be heard in Dublin. I'm sure this would put a lot of people outside of Dublin off lodging the complaint in the first place

I'm a little gutted myself it was I was hoping it would go to court. I was well prepped for a fight :pac Yeah I agree seems to be it has to be done in the district the company resides so if someone were to lodge and it go to court they would have to take a day off work.

Might have to post a link to this thread in the meteor section for others

rock22 · 18-07-2016 7:48am

Doylers wrote: »

Update:

Hey all just an update with how things have been going. So as most of you might remember the phone was bought from meteors online store. Now the court in waterford wouldn't take the case they only would if the phone was bought in a brick and mortar store in waterford. So I had to put the claim in the dublin district court no big deal I work in Dublin now anyway.

So after the claim going in we had about 6 weeks of waiting, documents were sent to meteor which they appear to have ignored. By ignoring documents the other party wins be default so I win the case.

Next step is on Monday I go up and sign an affidavit saying meteor had no contact with me and I didn't receive anything from the etc. It will be interesting to see will the sherif be needed to get the money. I'll update when more happens.

Well done for pursuing this - now hopefully meteor might learn a lesson and your action will benefit future customers.
well done

ytpe2r5bxkn0c1 · 18-07-2016 9:13am

rock22 wrote: »

Well done for pursuing this - now hopefully meteor might learn a lesson and your action will benefit future customers.
well done

Meteor will have learned nothing. It's not worth their while even responding. It's only SCC and won't cost them a second thought. Nothing has been proven, as the claim won't be adjudicated on.

MarkAnthony · 18-07-2016 5:29pm

Giana Early Southpaw wrote: »

Meteor will have learned nothing. It's not worth their while even responding. It's only SCC and won't cost them a second thought. Nothing has been proven, as the claim won't be adjudicated on.

It's still worth doing, and very worth taking to social media about it. In the UK quasi-class actions using the SmCC and social media have been very successful. One win does not a change make, but 15,000 customers doing the same, costs each individual very little and the company an absolute bloody fortune.

Doylers · 07-10-2016 10:28am

Final update:

So in the last post said I was going to sign the affidavit. I went to sign it at lunch about 1pm and I kid you not meteor rang at 3pm offering 240(100 less). I laughed and said why would I take less money when I have already won and they said fine and hung up.

Fast forward they didn't pay or make any contact so I went to the city sheriff, cost was like 10euro and they take the decree and send a letter, failing a reply they send someone to the office looking for money.

I'm delighted to say the sheriff was successful and the money was paid in full to them which gets transferred to me by months end.

I hope any of you that have issues with companies look at this as an example not to let companies push you around, the process is slow and annoying but it becomes a point of principle after a while. Use this as a precedent that you do have consumer rights no matter what your told by a company ! Any specific questions feel free to ask or PM.

ED E · 07-10-2016 10:33am

Well done Doylers sticking to your guns.

Sleeper12 · 07-10-2016 12:06pm

Congratulations. I'm sort of sorry that this thread isn't in the meteor forum now.

rock22 · 07-10-2016 2:42pm

Congratulation.
Would you consider writing to relevent government minister to highlight the first reply for meteor which was clearly misleading. Legislation should be passed making it an offence to mislead a consumer trying to assert their rights under consumer legislation, . otherwise companies will continue to deflect customers complaints with the same misleading information

Well done for pursuing it

endacl · 07-10-2016 2:48pm

Duvetdays wrote: »

It doesn't matter if it's a high end Samsung or a cheap as chips Samsung they still come with a 2yr warranty.

A warranty is a voluntarily offered period of time within which a seller agrees to replace or repair free of charge without being compelled to do so. Warranties are utterly meaningless in terms of consumer legislation.

Companies are not legally obliged to either provide or honour warranties. Warrienties are in addition to consumer legislation, not as a result of consumer legislation. Where they differ, if they differ, legislation wins.