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Broken Contract - Small Claims Court

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  • 22-07-2020 9:49pm
    #1
    AlohaLights
    Closed Accounts Posts: 58 ✭✭


    Hi all,

    Going to leave some details out for privacy reasons- hope this is ok.

    I entered a contract with a private company who offer services in the media industry.

    I paid €2000 for the service and signed a contract with this company.

    The contract stated that the service/product we paid for would be finished and provided within 16 weeks from the date of contract.

    41 weeks have now passed and I still have not received the service/product I paid for. I have contacted the company a number of times and each time was promised it would be delivered as soon as possible and an excuse was given in relation to why the service hadn't been provided.

    Could I bring this to the small claims court for breach of contract? At this stage it's just ridiculous that the service has not been provided.

    Even with Covid related lockdowns etc. the contract stated the service would be provided by end of January so I don't think this can excuse the lack of provision of the service legally paid for.

    Any opinions welcome.

    Thank you.


Comments

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


    Did you enter this contract as a private individual or a business? And how did you pay them?


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    #3
    AlohaLights
    Closed Accounts Posts: 58 ✭✭AlohaLights


    L1011 wrote: »
    Did you enter this contract as a private individual or a business? And how did you pay them?

    Private individual. Paid by Direct Bank Transfer from personal account to their business account in 2 separate installments as per the pay schedule specified in the contract.


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    #4
    Former Former
    Closed Accounts Posts: 7,728 ✭✭✭Former Former


    Have you actually asked them for the money back?

    But on the face of it, I think it would be eligible for SCC


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    #5
    AlohaLights
    Closed Accounts Posts: 58 ✭✭AlohaLights


    Former Former wrote: »
    Have you actually asked them for the money back?

    But on the face of it, I think it would be eligible for SCC

    My issue at the moment is that I need to receive the product, it is of extreme sentimental value so I do require it to be completed.

    I just don't know if I would be eligible to go to SCC for breach of contract after receiving the goods- albeit 6 months later than the agreed date.

    I just believe that paying a large amount of money to be waiting 25 weeks+ over the contractual agreement is unacceptable.

    I don't want to be greedy either, but I paid in full on-time and in good fate that the service would be delivered, and the wait is highly unprofessional and not acceptable IMO


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    #6
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    are you looking for your money back, or a discount on the agreed price?


    If you are looking for a discount (or compensation) then SCC is not the way forward. You would need to agree this with the vendor.


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    #7
    AlohaLights
    Closed Accounts Posts: 58 ✭✭AlohaLights


    daheff wrote: »
    are you looking for your money back, or a discount on the agreed price?


    If you are looking for a discount (or compensation) then SCC is not the way forward. You would need to agree this with the vendor.

    Thanks for this


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