Which court for small claims?

sean72

Hi

I am looking into making a small claim against and online phone retailer based here in Irleland (Co.Wicklow). Looking at the procedure I can't seem to ascertain which district court to bring the claim to for an on line company. As I made the purchase on line can I use the court nearest to me??

Thanks in advance

jeepers101

Yes just go to your local court. I took Aer Lingus to my local court no problem.

RangeR

sean72 wrote: »

Hi

I am looking into making a small claim against and online phone retailer based here in Irleland (Co.Wicklow). Looking at the procedure I can't seem to ascertain which district court to bring the claim to for an on line company. As I made the purchase on line can I use the court nearest to me??

Thanks in advance

Just a word to note. SCC should be a last resort. Have you exhausted the online retailers complaints procedure?

sean72

Well I have sent emails once per week to the company's customer service, although I think I am just dealing with one person. Every time they just pass the buck to Samsung. I was initially told it would be dealt with without delay but I feel 5 weeks is unreasonable. I informed them that I would be contacting the small claims court next wed (tomorrow) last Thursday. They never even responded to that email. I also know for a fact that they have misled me very early in the process. I sent my phone registered post and An Post confirmed for me the next day that it was signed for even giving me the name of the person who signed for it. After emailing the company to ask could they confirm my €700 phone had made it safely I waited two days for them to tell me it had just arrived that day. I have never gone to the small claims before in my life and I am not looking forward to doing so but I find it very difficult to accept what they are telling me is the truth......do I wait indefinitely?

I purchase a smart phone unlocked annually and would have no doubt returned to this company again if they could have just dealt with the issue so I guess at the very least they have lost a customer.

RangeR

sean72 wrote: »

Well I have sent emails once per week to the company's customer service, although I think I am just dealing with one person. Every time they just pass the buck to Samsung. I was initially told it would be dealt with without delay but I feel 5 weeks is unreasonable. I informed them that I would be contacting the small claims court next wed (tomorrow) last Thursday. They never even responded to that email. I also know for a fact that they have misled me very early in the process. I sent my phone registered post and An Post confirmed for me the next day that it was signed for even giving me the name of the person who signed for it. After emailing the company to ask could they confirm my €700 phone had made it safely I waited two days for them to tell me it had just arrived that day. I have never gone to the small claims before in my life and I am not looking forward to doing so but I find it very difficult to accept what they are telling me is the truth......do I wait indefinitely?

I purchase a smart phone unlocked annually and would have no doubt returned to this company again if they could have just dealt with the issue so I guess at the very least they have lost a customer.

I understand your frustration and can understand the situation you are in.The SCC is very easy to go through. They understand that 99% of complaints are from the every day Joe [no offence intended].

However, may I suggest [as the SCC may also] that you do the following to "complete" the complaints process.

Write an actual letter [not email] and send it by REGISTERED POST. This bit is VERY important. Don't just stick a stamp on it and hope for the best.

With respect, email is not the format you should be using for high priced items.

Your formal letter of complaint should be similar to below

Dear xxxx

I'm writing to make a FORMAL COMPLAINT with the service that I have received

Then put in as much factual detail as you can. Don't get abusive, don't get emotional. Just stick with the facts. So something like

On Jan 1, I purchased a Samsung <insert model> phone from your website for €699
On Jan 5, I received the phone from your courier
On Jan 10, I noticed a problem with the phone and contacted your company of the issue
On Jab 12, You told me to go to Samgsung
By about Feb 1, after numerous correpsondance, I had not received an adequate response

I formally request that you resolve my issue within 10 business days or I will have no choice but to initiate the Small claims Procedure.


Respectfully

<insert your name>

sean72

Hi Thanks very much for that info its very helpful. I have used email as the instructions on the web site of the company state

Make a complaint
If you are unhappy in any way about the service you have received you can complain direct by emailing [email]customer.service@******.ie[/email].

They don't ask for it in letter/paper format this is what they state. I would do as you suggest but I am offering them another week in essence. I would hope that the small claims court would understand that I have followed the procedure outlined by the company on their web site. I might send a letter with a copy of and referring to my email but if I do I don't think I will be extending the deadline I have already given.

By the way I haven't mentioned the company's name as I am not sure if I am allowed to???

RangeR

sean72 wrote: »

Hi Thanks very much for that info its very helpful. I have used email as the instructions on the web site of the company state

Make a complaint
If you are unhappy in any way about the service you have received you can complain direct by emailing [email]customer.service@******.ie[/email].

They don't ask for it in letter/paper format this is what they state. I would do as you suggest but I am offering them another week in essence. I would hope that the small claims court would understand that I have followed the procedure outlined by the company on their web site. I might send a letter with a copy of and referring to my email but if I do I don't think I will be extending the deadline I have already given.

By the way I haven't mentioned the company's name as I am not sure if I am allowed to???

Best not to mention, although there are not many of them in Wicklow

The reason that I mention the written letter by registered post is that anything you have done so far isn't easy to prove. You can prove that you sent an email but you cannot prove that the company received the emails that they have not replied to.

At least with a registered post, written letter, you have the name of the person that signed for it. It really is all down to what you can prove and what you can't. If you don't do this, there is a high chance that the SCC will request that this is the first step that you perform. Just trying to save you some time.

wmpdd3

dont mention the co name. you will have to write this letter any way. once you start the claim you will be giving the company 4 weeks to fix the problem any way.

sean72

Thanks guys I will go with the letter so

sean72

Well today was the orignal D-day for me to get my phone back before going to the small claims court. We have now entered week 6 and the company has gone radio silent. Anyway I have put my complaint in writing and sent it by register post. I will put my complaint to the small claims court on Monday.

jeepers101

Make sure to keep us posted

RangeR

sean72 wrote: »

Well today was the orignal D-day for me to get my phone back before going to the small claims court. We have now entered week 6 and the company has gone radio silent. Anyway I have put my complaint in writing and sent it by register post. I will put my complaint to the small claims court on Monday.

You need to give the company time to respond to your formal complaint. The norm is 5 to 10 business days. I know it's been 6 weeks but you should wait these 2 weeks before going SCC.

sean72

Well I was pleased after one final pleading email that I received an email this morning saying a replacement was on its way. My joy was short lived as I received the phone without the back on it......with out any back plate....nada. I could not believe it and rang straight away only to be told I hadn't sent the phone with the back on it so they didn't replace it! I did send the all the phone excluding the battery and sim cards etc, I'd honestly never heard anything so ridiculous in my life. He continued to deny it until finally accepting I had. What a complete mess!

Supposedly he is sending me out a 'new' back plate today.

Also as the phone is not in an original box how can I confirm its new and not a refurbished or second hand???

RangeR

sean72 wrote: »

Well I was pleased after one final pleading email that I received an email this morning saying a replacement was on its way. My joy was short lived as I received the phone without the back on it......with out any back plate....nada. I could not believe it and rang straight away only to be told I hadn't sent the phone with the back on it so they didn't replace it! I did send the all the phone excluding the battery and sim cards etc, I'd honestly never heard anything so ridiculous in my life. He continued to deny it until finally accepting I had. What a complete mess!

Supposedly he is sending me out a 'new' back plate today.

Also as the phone is not in an original box how can I confirm its new and not a refurbished or second hand???

If it's not in a sealed retail box, it's not new.

sean72

RangeR wrote: »

If it's not in a sealed retail box, it's not new.

OK some help here if you don't mind. I have obviously not been sent a new unit (even though he said it was new) its a service or exchange unit. I will accept it if I have to under the law but I am not sure whether I have to or not? Does anyone know the answer to that. I have taken this so far I am willing to go te whole hog and the SCC but if its not worth my while then?????

RangeR

sean72 wrote: »

OK some help here if you don't mind. I have obviously not been sent a new unit (even though he said it was new) its a service or exchange unit. I will accept it if I have to under the law but I am not sure whether I have to or not? Does anyone know the answer to that. I have taken this so far I am willing to go te whole hog and the SCC but if its not worth my while then?????

What was wrong with your original phone?

Generally, they can Repair, Refund or Replace. They don't choose nor do you. You have to agree between the two of you. If you can't agree, It's off to the SCC to decide.

"Store Credit" does not fit any of these three remedies. They can offer, you don't have to accept. While there are the three R's, they MUST offer one of them, if and only if, your unit is faulty.

If it's a change of mind [customer remorse], you are **** outta luck at this stage.

sean72

RangeR wrote: »

What was wrong with your original phone?

Generally, they can Repair, Refund or Replace. They don't choose nor do you. You have to agree between the two of you. If you can't agree, It's off to the SCC to decide.

"Store Credit" does not fit any of these three remedies. They can offer, you don't have to accept. While there are the three R's, they MUST offer one of them, if and only if, your unit is faulty.

If it's a change of mind [customer remorse], you are **** outta luck at this stage.

My original phone keep ejecting the microSD memory card and some further complications related to this. This obviously couldn't be fixed hence (7 weeks later) the replacement being sent to me today. However in the letter I sent regarding the small claims court I specifically stated I wanted a 'sealed' replacement, money back or repair

Meanwhile the 'unsealed unit' he has sent me has froze during the set up wizard and when eventually I got past this the main setup the 's note application' (this is the single main app that distinguishes this phone from from any other phone) will not launch and freezes every time.

I don't no lads I think I have a case for the small claims court. What do you think and I am looking for my money back now.

What you think?

foggy_lad

sean72 wrote: »

My original phone keep ejecting the microSD memory card and some further complications related to this. This obviously couldn't be fixed hence (7 weeks later) the replacement being sent to me today. However in the letter I sent regarding the small claims court I specifically stated I wanted a 'sealed' replacement, money back or repair

Meanwhile the 'unsealed unit' he has sent me has froze during the set up wizard and when eventually I got past this the main setup the 's note application' (this is the single main app that distinguishes this phone from from any other phone) will not launch and freezes every time.

I don't no lads I think I have a case for the small claims court. What do you think and I am looking for my money back now.

What you think?

Go for it, sounds like a complete breakdown on the customer care side of things as well as the failed repair. the law says you are entitled to redress in the form of a repair, replacement or refund.

The repair has failed and it looks like their attempt at replacing the phone has also failed so your next option is a refund.


Forms are available online for the Small Claims Court or can be collected in your local District Courts office in your local Courthouse, the clerk will also be able to give you advice on filling out the forms and obtaining details like the company name etc.

sean72

foggy_lad wrote: »

Go for it, sounds like a complete breakdown on the customer care side of things as well as the failed repair. the law says you are entitled to redress in the form of a repair, replacement or refund.

The repair has failed and it looks like their attempt at replacing the phone has also failed so your next option is a refund.


Forms are available online for the Small Claims Court or can be collected in your local District Courts office in your local Courthouse, the clerk will also be able to give you advice on filling out the forms and obtaining details like the company name etc.

Thanks my gut is telling me this is rotten to the core. I have never gone this far before with customer service. But enough is enough

sean72

Just one more small query (for now). The unit that he sent me out one Friday .... If I am proceeding to the small claims court do I return this unit now or hold on to it during the course of the action? The unit in my opinion is faulty but I'm not sure what's the best thing to do officially?

RangeR

If it's faulty too, I'd send it back. By registered post.

eirator

RangeR wrote: »

If it's faulty too, I'd send it back. By registered post.

But take a note of the IMEI, serial number etc in case anther phone is produced in its place that does work as "proof" there wasn't a problem.

sean72

Well I sent my phone back by recorded delivery on Monday. It went out for delivery but no one was there. A note was left but no one has gone to collect the item from the depot. I had a feeling that this guy might try to avoid my package being returned........what to do next?

sean72

Phone now delivered.....but now he tells me my original phone is fixed and will be returned next week....loosing the will