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Small Claims Court for Business

  • 08-02-2011 1:55pm
    #1
    Closed Accounts Posts: 17


    hi,
    Im wondering if anyone has used the small claims court for business to business small claims?
    I have just applied for a claim against another business and Im not sure what to expect, all information out there seems to be related to private consumer V business claims.
    Any experiences?


Comments

  • Registered Users, Registered Users 2 Posts: 1,329 ✭✭✭jetsonx


    Have you fully exhausted all other options?


  • Registered Users, Registered Users 2 Posts: 2,094 ✭✭✭dbran


    Hi

    AFAIK the small claims court does not deal with business to business situations eg non payment of invoices. It only deals with business to consumer and matters of non performance of the service.

    Kind Regards

    dbran


  • Registered Users, Registered Users 2 Posts: 3,282 ✭✭✭Bandara


    Businesses can make claims against other businesses in relation to contracts for goods or services purchased. It does not apply to claims in relation to.
    Agreements to which the Consumer Credit Act 1995 applies, Breaches of leasing agreements, Debt or liquidated damages

    max amount is €2000


  • Closed Accounts Posts: 17 Poppydee


    Thanks for the replies!
    Its a complicated situation that I have been trying to get resolved for 4 years and this is my last resort.
    The short version is this, we supply a dishwasher to a client that leaked within 3 days of being installed, it ruined the client's new floor. We did not plumb the dishwasher. It appeared to be a fault with the dishwasher.

    Our supplier sends a loss adjuster from their insurance co & their report states the leak is most probably caused by a maufacturing defect, a small hole found in the back of the dishwasher. My supplier replace the dishwasher, give me the go ahead to take out the kitchen to allow replacing the floor, refit the kitchen ,the prob is that I dont have this in writing although they don't deny they gave me the go ahead.

    The faulty dishwasher was taken away, and sent back to the manufacturers. They conducted their own test that concludes it was not a defect but was caused by misuse by the customer or the fitter or someone else - the onus is on me to prove otherwise.

    The supplier has washed their hands & have suggested I sue the German manufacturer for reimbursment - this isnt an option as it requires large funds I dont have access to (the machine is in the uk & requires an independent engineers report for starters)

    The SCC is a last resort - not sure if it will cover this type of situation.


  • Registered Users, Registered Users 2 Posts: 63 ✭✭Days


    Oh dear it looks like you are in a sticy situation alright. It's a pity the SCC won't be any good to you!


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