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European Small Claims procedure - UK company

  • 14-03-2023 10:33pm
    #1
    dmcdona
    Registered Users Posts: 1,310 ✭✭✭


    Folks - looking for assistance re claim for faulty goods

    I understand the EU Small Claims procedure may no longer apply to goods/services provided by a UK based company.

    Short story - electronic/electrical goods were installed by a Irish Installer and commissioned by the UK supplier/manufacturer in June 2020. The item failed in January 2023. Installer is claiming Supplier is responsible (I agree somewhat, not totally because the installation appears to have been incorrect). Supplier is claiming the Installer is at fault (I disagree because final commissioning and sign-off was by the Supplier).

    Value of goods is €2,156 in VAT but excluding installation. Hard to know installation cost but 1500 would seem reasonable guess.

    If the EU Small Claims procedure is still in force as regards IE v UK, then that is clearly a route that can be taken. If procedure is now defunct per Brexit, what legal options do I have?

    Note - I'm still trying to resolve amicably but am getting to the end of exhausting all avenues without going legal (or threatening going legal).

    Thoughts, advice, opinion etc. gratefully received.

    Thanks



Comments

  • #2
    TooTired123
    Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    https://www.citizensinformation.ie/en/consumer/shopping/buying_online_from_uk_after_brexit.html



  • #3
    dmcdona
    Registered Users Posts: 1,310 ✭✭✭dmcdona


    https://www.boards.ie/discussion/comment/120360037#Comment_120360037

    Thanks for that - I did previously read that information page - this is the line that prompted my original question above:

    I'm thinking that its likely I can't use the EU procedure (but I could be wrong since they use the words "may not" rather than "cannot"). If that's the case though, I have already complained to the seller but they are playing hard ball. So what would my next step be:

    1. Let it go
    2. Call citizen's advice directly
    3. Call a solicitor

    Thanks again for the link.



  • #4
    rock22
    Registered Users, Registered Users 2 Posts: 1,651 ✭✭✭rock22


    Who did you purchase the goods from, the Irish Installer or the UK commissioner. ?

    Did you have two separate contracts , one for installation and one for commissioning?

    Is this a business to business purchase or business to consumer?



  • #5
    dmcdona
    Registered Users Posts: 1,310 ✭✭✭dmcdona


    https://www.boards.ie/discussion/comment/120378195#Comment_120378195

    Very pertinent questions!

    Paid the local Irish Installer in full for goods, installation and commissioning - one contract with the Irish installer. So, technically, that's probably the route to take. But, the equipment is under warranty with the UK company - not with the Irish Installer.

    The Irish Co. is somewhat piggy in the middle and I have a lot of sympathy for them. In fairness, I think they are going to cover it but the supplier will then (annoyingly) "get away with it". The equipment supplier did the final commissioning on behalf of the installer. The installer did make an error in the installation (which led to the damage) as mentioned in the original post. But the UK commissioning engineer signed off the system (though getting that in writing is so far impossible) and that is who the equipment warranty is with.

    Lastly - business to consumer.

    Cheers



  • #6
    rock22
    Registered Users, Registered Users 2 Posts: 1,651 ✭✭✭rock22


    You warranty is irrelevant because the guarantor is refusing to honour it.

    You contract is with the Irish company and it is to them you must seek redress. You are protected by both Irish consumer legislation and EU directives.

    You are only complicating things by putting yourself between the Irish company and his UK based supplier.



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  • #7
    dmcdona
    Registered Users Posts: 1,310 ✭✭✭dmcdona


    https://www.boards.ie/discussion/comment/120382087#Comment_120382087

    Is there any legal recourse for a guarantor refusing to honour a warranty? Or, because they are are refusing to honour it, I should just let that go?

    I agree with your second point and that I am complicating it - I guess I was trying to be fair to a genuinely helpful Irish Supplier and going after a totally unhelpful and obstructive OK equipment manufacturer (who after all, commissioned the final system).

    Thank you for the help - I appreciate it .



  • #8
    rock22
    Registered Users, Registered Users 2 Posts: 1,651 ✭✭✭rock22


    What are the Irish company saying to you? And what are you looking for at this stage? Repair, replacement, refund? You have a better chance of success pursuing the Irish installer. Whether he has a claim against the UK manufacturer should not really concern you too much. It almost certainly wouldn't pay you to pursue action in the UK.



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