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NI consumer law

  • 08-02-2014 2:05pm
    #1
    Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭


    Does anyone know if the protection offered by NI consumer law applies to items bought in NI but delivered to the Republic.

    Do the "fit for purpose & merchantable quality" rules in English law apply in NI?

    Thanks

    Note I have asked in Consumer Issues but I am also seeking a legal viewpoint.


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    European consumer law would cover you if all else failed.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    ken wrote: »
    European consumer law would cover you if all else failed.

    Blimey that was quick :-)

    Could I issue a standard small claims summons via the supplier's local court if I reside in the Republic?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Ní ceapaim.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    Tom Young wrote: »
    Ní ceapaim.

    Can you translate please Tom :-)


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Have a read of this. It's about all the advice we can give on here.
    http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

    Tom said "I don't think so".


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  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    ken wrote: »
    Have a read of this. It's about all the advice we can give on here.
    http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

    Tom said "I don't think so".

    Thank heavens. Having googled it he could of been referring to the knee capping pun :O


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Discodog wrote: »
    Thank heavens. Having googled it he could of been referring to the knee capping pun :O
    He was.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    Just an update for future viewers. The local Court in NI sent out the appropriate forms. Reading the guide there would appear to be nothing to stop someone in the Republic using the Small Claims Court in NI.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Discodog wrote: »
    Just an update for future viewers. The local Court in NI sent out the appropriate forms. Reading the guide there would appear to be nothing to stop someone in the Republic using the Small Claims Court in NI.

    Which jurisdiction is more convenient for you; Ireland or NI? Brussels II Convention gives options re choice of jurisdiction.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    There is nothing to stop you using the Irish Small claims procedure against a company in NI, or indeed France. To be fair the UK systems are normally much better implemented, with websites that actually work!

    Most of Ireland's, NI and E&W legislation in relation to consumer rights is near identical due to them being lifted from each other (look at when it dates from) or since the advent of the EC/EU.


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  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    Which jurisdiction is more convenient for you; Ireland or NI? Brussels II Convention gives options re choice of jurisdiction.

    The inference in this thread was that I could only claim via the European Small Claim procedure. The Court in NI said that I could apply to them.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    The matter is now settled. I posted an update to assist others who read the thread.


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