Small Claims Court or not?

Benedict

Anyone know if you can claim for damages through the SCC if a workman damages your property while carrying out work and won't fix it?

It would be great to hear from anyone who's been through it? Even if they got nothing?

The Codemaster

Never happened to me, but surely SCC makes sense. The worker should have had insurance. Are they ignoring your calls?

Benedict

Ignoring everything, yes.

The thing is, if you go to a solicitor, you're into serious outlay straight away.

The SCC sounds good - but it would be very interesting to hear from someone who's been through it.

The Codemaster

Benedict wrote: »

Ignoring everything, yes.

The thing is, if you go to a solicitor, you're into serious outlay straight away.

The SCC sounds good - but it would be very interesting to hear from someone who's been through it.

Don't bother with a solicitor - just fill in a SCC form & file it. No point messing around or threatening it to him - these guys will have heard it all before. Just cut to the chase & file the form.

No need for experience having done it before - the process will draw to its own natural conclusion. Each case is different. He may cave immediately, or may see it through. Either way it's a small outlay for you. Keep good records - screenshots of unanswered & call logs. Photos of damage, etc.

Good luck.

Benedict

Only thing is, it might be like "Judge Judy". If you lose, that's it. No appeal!

The Codemaster

Benedict wrote: »

Only thing is, it might be like "Judge Judy". If you lose, that's it. No appeal!

You shouldn't lose if you have a proper case with photos of the damage. Any proof he caused it? Him ignoring you constantly could be construed as guilt but they may need something more.

Anyway - just pay to fix it yourself if you lose. Not much choice. There aren't any other options available to you without large legal bills.

What's the damage and estimated cost of repair?

Benedict

I'm just wondering is there any Blog-site specifically dedicated to upset customers in Ireland? Dublin particularly? I reckon that if I'd known in advance about the bunch I'm dealing with, I wouldn't have touched them with a barge-pole?

I don't mean slandering anyone or anything malicious - but something like Trip-Advisor is for travellers?

The crowd I dealt with in Dublin were all suits and smiles until the money was handed over - then things changed.

I just think that consumers who have a genuine grievance (not malicious) should have a proper forum.

athtrasna

Benedict wrote: »

I'm just wondering is there any Blog-site specifically dedicated to upset customers in Ireland? Dublin particularly? I reckon that if I'd known in advance about the bunch I'm dealing with, I wouldn't have touched them with a barge-pole?

I don't mean slandering anyone or anything malicious - but something like Trip-Advisor is for travellers?

The crowd I dealt with in Dublin were all suits and smiles until the money was handed over - then things changed.

I just think that consumers who have a genuine grievance (not malicious) should have a proper forum.

No, would be a legal nightmare and bankrupt the site owner fairly quickly. Same reason you can't name companies on here.

Fred Swanson

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Benedict

Fred is right about being able to appeal the SCC to higher court. But then you are into legal eagles and how much might that cost?

Ordinary people are terrified of running up legal costs when there is no guarantee of winning and unscrupulous retailers know this. So they will say "Take me to court" knowing that even if you are in the right, you will not dare go near a court in case you lose.

And how come sites like Tripadvisor can publish comments like "the food was terrible" or "the beds were uncomfortable"? Why can we not say "I had a terrible time with such-and-such a retailer?

Once it is not malicious it should be allowed.

davo10

Benedict wrote: »

Fred is right about being able to appeal the SCC to higher court. But then you are into legal eagles and how much might that cost?

Ordinary people are terrified of running up legal costs when there is no guarantee of winning and unscrupulous retailers know this. So they will say "Take me to court" knowing that even if you are in the right, you will not dare go near a court in case you lose.

And how come sites like Tripadvisor can publish comments like "the food was terrible" or "the beds were uncomfortable"? Why can we not say "I had a terrible time with such-and-such a retailer?

Once it is not malicious it should be allowed.

Google "rate my solicitor" to see why rating websites are not allowed.

marklazarcovic

I've been through the scc,won because he didn't have a leg to stand on... He challenged,hired a barrister,got his ass handed to him by the judge a 2 and time...

Guess what,ive still not been paid. I have to chase him for it..

He spent as much on a barrister as the award to me was to begin with.

Benedict

It would be fascinating, Marklazarcovic, if you could elaborate a bit on what actually happened in the court. Did the barrister give you a tough time? These guys are able to rattle a witness so he doesn't know his own name. They are playing at home and you are playing an away game. The odds are stacked against the person who is new to the court system.

Was it like Judge Judy?

ytpe2r5bxkn0c1

Benedict wrote: »

It would be fascinating, Marklazarcovic, if you could elaborate a bit on what actually happened in the court. Did the barrister give you a tough time? These guys are able to rattle a witness so he doesn't know his own name. They are playing at home and you are playing an away game. The odds are stacked against the person who is new to the court system.

Was it like Judge Judy?

This is SCC not a chance of a barrister hassling you. And it's not like Judge Judy

Many cases don't even see a court room.

marklazarcovic

she challenged my version of events by claiming what her client had said was true,but the facts were blatantly obvious, yer man fcuked up and wasnt man enough to admit it and rectify his mistake. instead he tried to charge me for it. in the end he destroyed my property to dispose of the evidence,didnt work. bit of a farce as the only ones who get paid are the legal side.

Benedict

How long did the case take? Was there a big crowd watching? I believe it is open to the public.

Fred Swanson

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NUTLEY BOY

Here is a link to Citizens Information about the Small Claims Court. It is a good summary of what is involved.

http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

marklazarcovic

yes ,open court,packed,took ten mins once started, was a few funny cases before mine,appeal was in closed court,took less then 10 mins

Benedict

What about being asked questions? Can loads of people get up and question you? Or is is just the judge and a solicitor for the opposite side?

Fred Swanson

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Benedict

Apparently you cannot claim more than 2k. And you have to pay E25 - so I imagine that the claims would be maybe from a few hundred Euro upward? It would hardly be worth going to the SCC for, say, less than 100 because after the 25, it would leave you with 75 and if you had to take a day off work to attend? Then you'd have parking, photo copies etc. So would it be worth it at all if you had a really small claim?

Fred Swanson

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ytpe2r5bxkn0c1

Fred Swanson wrote: »

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Not according to the guidelines.

If your claim is accepted as suitable for the Small Claims Court the fee is not refunded, even if your claim is successful.

Fred Swanson

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ytpe2r5bxkn0c1

Fred Swanson wrote: »

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You can't because it isn't allowed and you have to show the costs involved in the claim.

But the point is you cannot, as you maintained, claim the fee back if you win.

Fred Swanson

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Benedict

Assuming it is damaged property you're claiming for, can you get it fixed and then look for the the money retrospectively? Obviously you would have to have a receipt for what you got done.

And could the person you are suing argue "Ah, you only got one quote - I would have got that done cheaper if you'd told me".

The website info is very vague - they don't say you've got to get different quotes. But they don't say you don't have to either.

Fred Swanson

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the_pen_turner

Drew Purring Photographer wrote: »

You can't because it isn't allowed and you have to show the costs involved in the claim.

But the point is you cannot, as you maintained, claim the fee back if you win.

if you did a job for a customer and they wouldn't pay. if you had it in your Ts and Cs that all time and expenses required to collect the money due would be added to the invoice

say I did a job for 500 plus vat. customer is given invoice but hasn't paid. 14 days are up (in Ts andCs) , so I update invoice for the cost of time and registered post by 25 euro .
now the invoice is 525 plus vat. payment in 7 days

this goes on for a month until the invoice is now 600 plus vat.

now I go scc and add 25 to the invoice for the scc plus 25 cost associated to the scc.
the invoice is at least 650 plus vat


this is the invoice amount I would be putting on the SCC claim.
after that I would be expecting my time and costs to be paid for the lost time

ytpe2r5bxkn0c1

the_pen_turner wrote: »

if you did a job for a customer and they wouldn't pay. if you had it in your Ts and Cs that all time and expenses required to collect the money due would be added to the invoice

say I did a job for 500 plus vat. customer is given invoice but hasn't paid. 14 days are up (in Ts andCs) , so I update invoice for the cost of time and registered post by 25 euro .
now the invoice is 525 plus vat. payment in 7 days

this goes on for a month until the invoice is now 600 plus vat.

now I go scc and add 25 to the invoice for the scc plus 25 cost associated to the scc.
the invoice is at least 650 plus vat


this is the invoice amount I would be putting on the SCC claim.
after that I would be expecting my time and costs to be paid for the lost time

SCC, for an Individual, does not allow for pricing your time. But look, if you have to ever go to SCC give it a try and tell us how it went. We can have 'what ifs' and 'say...' until the cows come home but why?