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broken windscreen

  • 01-07-2010 10:48pm
    #1
    Diceicle
    Registered Users, Registered Users 2 Posts: 1,799 ✭✭✭


    Hi,

    I would like some opinions as to options in the following situation:

    A neighbours 4 year old child breaks the windscreen of your car. The neighbours agree to pay you for the damage. You're leaving the country early the next morning so arrange to have the repair-man come and repair the damage, send the bill on later and then you present the bill to the childs parents when you return.
    The parents then inform you that as they are on welfare that they cannot afford to pay any more than €10 per week. Communication is difficult as they are from Romania with very poor english. The bill is €180. You dont have the money to spare either.
    Is the sole option to put a payment schedule / contract in place and if the parents fail to meet the terms to then proceed to the small claims court?

    The garage still need to be paid and wouldnt feel like waiting 18 weeks for payment.

    Thanks for reading.


Comments

  • #2
    Lorraine_ie
    Registered Users Posts: 20 ✭Lorraine_ie


    Well first of all, you cannot go to the small claims court as they normally deal with consumer issues, defective products etc. You would have to bring your case to the District Court.

    Chances are, you'll spend more money proceeding with the case than the actual debt. If i were you i would accept the 10 euro per week and threaten to sue if they miss a payment, just to scare them. I did debt collection for a while and trust me, 10 euro a week is better than some of the offers people have made me.

    If they can prove to the court that they cannot afford to pay for it, a judge could easily put an instalment order in place where they have to pay 10 euro and then at that stage you'll be back to where you started.

    Plus in order to even get to the stage of getting an instalment order, you'll have to issue a summons, apply for judgment, apply for execution order, instruct the sheriff etc.

    I understand that you're frustrated but the cost of taking these people to court will by far outweigh the cost of the debt. And bear in mind also that the costs awarded for these cases are quite small. You wont get back the money you put into it.

    Best off just accepting their offer and suggest that they put extra to it some weeks if they have the money.


  • #3
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    an alternative is to go through your windscreen cover on your policy if you have it. even though the repair is already done check your t+c as they might still pay for it.

    i don't think you can bring individuals to the small claims court.


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Random wrote: »
    an alternative is to go through your windscreen cover on your policy if you have it. even though the repair is already done check your t+c as they might still pay for it.

    i don't think you can bring individuals to the small claims court.

    You can.

    I'd pay the garage and take the 10 quid a week from them - not ideal but you'll go through a load of nonsense to get anywhere otherwise, and your time is worth more than that.


  • #5
    445279.ie
    Registered Users, Registered Users 2 Posts: 9,978 ✭✭✭445279.ie


    Lorraine_ie wrote: »
    Well first of all, you cannot go to the small claims court as they normally deal with consumer issues, defective products etc. You would have to bring your case to the District Court.

    The Small Claims Court is the District Court


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