Effectively stealing

Adviceseeking

Just looking for advice on what I can legally do here...

To cut it short I have found out that someone has repeatedly lied to me to get me to pay more than my fair share for bills due. I have paid this money in good faith and am now owed a few hundred euro.

Can I report this to the guards? As in, I paid the money willingly but it was because I was lied to about how much I owed, this is basically stealing as far as I'm concerned.

Thanks.

Sinfonia

I think this is a caveat emptor situation, as it will/would be your word against theirs.

Gosub

I suppose this could be described as fraud.

Adviceseeking

Sinfonia wrote: »

I think this is a caveat emptor situation, as it will/would be your word against theirs.

It won't be my word against theirs. I have emails and text messages from this person clearing stating what I had to pay as my share and for what, and I now have back up copies of the actual bills stating the real amounts.

Adviceseeking

Gosub wrote: »

I suppose this could be described as fraud.

I suppose so. The total amount involved is around €500, so I'm just thinking this amount might be viewed by the law as too small? It's not too small to me, but I'm just wondering what is the correct way to deal with this. Should I just begin by reporting to the guards or should I just be going to a solicitor? Which I'd like to avoid as that would cost more money.

Hooch

Section 7 Criminal Justice (Theft and Fraud offences) Act 2001 - Making gain or causing loss by deception.

Report it and let AGS decide if there is sufficient evidence to prosecute

Adviceseeking

Hooch wrote: »

Section 7 Criminal Justice (Theft and Fraud offences) Act 2001 - Making gain or causing loss by deception.

Report it and let AGS decide if there is sufficient evidence to prosecute

Thank you.

I would like to avoid a prosecution here because it would be so much hassle etc. I do however want to make sure that i get my money back and that this person learns a very good lesson here. I just needed to know the actual basis in law for dealing with this, I will go through Section 7.

NoQuarter

Criminal law wont get your money back. Take it to the district court, youll have to see a solicitor to get a civil summons sent etc etc. You can do it all yourself but you had better start reading now. Courts.ie

Zambia

Adviceseeking wrote: »

Thank you.

I would like to avoid a prosecution here because it would be so much hassle etc. I do however want to make sure that i get my money back and that this person learns a very good lesson here. I just needed to know the actual basis in law for dealing with this, I will go through Section 7.

Mate you are trying to get a little bit pregnant , if you don't want them charged don't bother the garda as they are in the business of charging people. This leaves you the civil action route.

Is there still a small claims process?

NoQuarter

Zambia wrote: »

Is there still a small claims process?

Small claims in business related only. You need to go to the district court.

Zambia

NoQuarter wrote: »

Small claims in business related only. You need to go to the district court.

There's the answer then only option is a civil suit. I suppose that's not what you wanted to hear.

Victor

Is this a landlord situation or a co-tenant one?

If you are very certain of yourself, you could just not pay future bills to the amount involved. The risk of course is to have utilities cut off. If it is a tenant, make sure the landlord knows.

NoQuarter wrote: »

Small claims in business related only. You need to go to the district court.

I think Small Claims Court will accept co-expenses situations, but it is usually the other way around - this is over-payment, not under-payment.