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Small claims court - Would I have a case?

  • 22-07-2010 4:34pm
    #1
    Gel
    Registered Users, Registered Users 2 Posts: 240 ✭✭


    I brought a damaged musical instrument to a guy specialising in repairs about Aug/Sept 2009. He agreed to repair it but needed a couple of pieces I forgot to bring before he could proceed. Due to various distractions I was unable to get time to get the pieces to him. I tried ringing him and emailing a few times to tell him but I got no reply.
    I recently called to his house with the missing parts to find that he emigrated last January. After tracing him and making contact he said that as he had not heard from me he threw out the instrument before he emigrated!
    I know I am at fault for not getting the pieces to him but surely he had no right to get rid of the instrument without contacting me.
    Would I have a case in the small claims court? Would a claim be legitimate considering he is no longer resident in Ireland?
    Would the fact that he operated from home and may not have a registered company make a difference?
    Thanks for any help!


Comments

  • #2
    cullen5998
    Closed Accounts Posts: 430 ✭✭cullen5998


    No hope as he was not a business.


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    ^ I don't know why you would say that.

    If he wasn't doing it for reward, there was no contract.

    There's still the potential of a case in negligence though.

    But, unless the OP is talking some thousands of value here this is far more trouble and money than it is worth to pursue.


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