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Small claims court Ireland or eu??

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  • 25-11-2019 7:20pm
    #1
    Wquirke1234
    Registered Users Posts: 125 ✭✭


    Hi

    I'm looking to submit a claim to the small claims court. I've done it before for an UK business with registration in Ireland.

    Now I'm at in again and wish to pursue a UK business, with no office in Ireland although they operate here and customer service is a 01 phone number transferred to UK office. Am I right in saying it is the EU claim form I fill in. Has anyone gone the EU route and is it relatively as straight forward as the Irish small claims.


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    #2
    L1011
    Registered Users Posts: 69,013 ✭✭✭✭L1011


    Where did you actually perform business with them? Online presumably

    EU Small Claims is exceptionally slow, dependent somewhat on decent your local court registrars are at handling it.


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    #3
    KidMeNotA1
    Registered Users Posts: 41 ✭KidMeNotA1


    If your address is in Ireland, make the claim to your local area. It can be quick, & the other party must have representation there, or pay up. Easy & effective at very little cost. Don't forget to claim your court fees (€25)


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    #4
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    KidMeNotA1 wrote: »
    If your address is in Ireland, make the claim to your local area. It can be quick, & the other party must have representation there, or pay up. Easy & effective at very little cost. Don't forget to claim your court fees (€25)

    :confused:
    It's not that simple for a supplier outside Ireland, and you can't claim the court fee.


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    #5
    L1011
    Registered Users Posts: 69,013 ✭✭✭✭L1011


    Interestingly you can claim the fee (and interest on it although the rate is probably 0 currently) in an European case but not a domestic one.


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    #6
    KidMeNotA1
    Registered Users Posts: 41 ✭KidMeNotA1


    Court fees can be claimed in all cases - my own experience proved that - and the defendant must have either a lawyer or be present, so chances are good you will be paid before the hearing, as it may not be worth their time. I have done this with other countries, successfully!All legit, of course!


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    #7
    KidMeNotA1
    Registered Users Posts: 41 ✭KidMeNotA1


    Court fees (€25) can be claimed in ALL cases, regardless of location. If you have to travel some distance to Court, you can also claim travel cost.


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    #8
    L1011
    Registered Users Posts: 69,013 ✭✭✭✭L1011


    KidMeNotA1 wrote: »
    Court fees (€25) can be claimed in ALL cases, regardless of location. If you have to travel some distance to Court, you can also claim travel cost.

    Only if the registrar doesn't notice they're on your claim - they are explicitly not claimable


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    #9
    KidMeNotA1
    Registered Users Posts: 41 ✭KidMeNotA1


    Not so - and the judge queried my travel expenses, giving me €0.48 per Km instead of the €0.50 I had claimed. If you phone the SC court they will verify


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    #10
    L1011
    Registered Users Posts: 69,013 ✭✭✭✭L1011


    Your anecdotes don't override what is actually written down as the rules.

    The fee is legal costs which is explicitly excluded under the 1999 legislation that the current procedure is based on

    That a registrar missed it for you doesn't mean they'll miss it for someone else. Claim may be sent back to be amended if noticed.


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    #11
    j4vier
    Registered Users Posts: 1,893 ✭✭✭j4vier


    Can a claim form for the EU small claim procedure be posted or should it be dealt with in person?


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    #12
    L1011
    Registered Users Posts: 69,013 ✭✭✭✭L1011


    Can be posted - note that while the form has a section for card payments, some (maybe all) district courts can't actually take card payments and you can't pay by CSOL for this so you need to use ye-antique cheque/postal order.


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    #13
    slave1
    Moderators, Sports Moderators Posts: 19,042 Mod ✭✭✭✭slave1


    In all three of my cases I asked the company concerned to cover the SCC fees and they all obliged.

    If you don't ask...

    My stuff for sale on Adverts inc. EDDI, hot water cylinder, roof rails...

    Public Profile active ads for slave1 (adverts.ie)



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    #14
    j4vier
    Registered Users Posts: 1,893 ✭✭✭j4vier


    L1011 wrote: »
    Can be posted - note that while the form has a section for card payments, some (maybe all) district courts can't actually take card payments and you can't pay by CSOL for this so you need to use ye-antique cheque/postal order.

    Well that’s a bit of a problem!

    No mention whatsoever of this on any of the sites dealing with the subject.

    I already posted my form with my cc details.

    I suppose they will get in touch now with me to ask an alternative form of payment?


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    #15
    L1011
    Registered Users Posts: 69,013 ✭✭✭✭L1011


    j4vier wrote: »
    Well that’s a bit of a problem!

    No mention whatsoever of this on any of the sites dealing with the subject.

    I already posted my form with my cc details.

    I suppose they will get in touch now with me to ask an alternative form of payment?

    You'd think they'd make it more clear, wouldn't you? Found out from experience!

    In my case they phoned me and asked me to re-send the docs with a money order. You may be lucky with your local court.


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    #16
    silver2020
    Registered Users Posts: 2,045 ✭✭✭silver2020


    I'd be looking at a chargeback if at all possible. UK will be leaving the EU and whilst EU law will still apply for a transition period, some companies will simply ignore it knowing that you can do sweet fa.

    A chargeback can be done up to 120 days after delivery and if it can be done, its a hell of a lot simpler.


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