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Small Claims Court - procedure question

  • 17-07-2014 3:36pm
    #1
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭


    I think this is a simple question. It's also not a hypothetical.

    I bought a secondhand car at the beginning of 2013 from a dealer in Dublin. The car is fine (did have one issue which I had fixed myself), but there were a number of conditions that were attached to the sale and were documented on the receipt. They were:

    1. Service
    2. Tail light
    3. NCT
    4. Front bumper

    I was never 100% certain that the service was done, so I got one done myself somewhere else. They did take it through the NCT and it's been through another one since with no issues. The front bumper needed a paint job and that was done to my satisfaction.

    So that leaves the tail light. The right side tail light was cracked when I got it. It worked and it still works, but the cracks have grown and some moisture is able to get in. Sooner or later, there's a chance that it will stop working.

    I have been chasing this dealer on and off since the purchase of the car to get this sorted, with every excuse being offered and the light yet to be replaced.

    Now for my Small Claims Court procedural question:

    Can I go straight to the Small Claims Court with the receipt that I have and a record of all calls made and emails sent?

    Or...

    Do I have to be able to show damage or loss? I suppose that would mean me getting the work done elsewhere and presenting the SCC with the receipt for that work as well as everything else mentioned above.


Comments

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


    I think that we could look this from the perspective of general principles.

    In order to succeed in a negligence case, you need to show loss. If there is no loss, there is no cause of action in negligence. There is some old principle along the lines that it makes no difference if a person is as negligent as all the world, as long as there is no damage.

    Breach of contract is different. Loss is not one of the ingredients of a cause of action for breach of contract. Generally, breach of contract works along the lines that someone is entitled to be put in the position that they would have been in, if the contract had been performed.

    That said, if the small claims court finds in your favour, what documentation do you plan to produce in order to assist the court in assessing damages? Do you plan to bring estimates for repair?


  • #3
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    The Mustard wrote: »
    That said, if the small claims court finds in your favour, what documentation do you plan to produce in order to assist the court in assessing damages? Do you plan to bring estimates for repair?
    Yes sorry, I should have said that too. If it ends up with the SCC, I will bring an estimate for parts and labour from another dealership.


  • #4
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Sorry, I just want to follow up on this. Assuming that I have the paperwork needed, are both avenues, loss and breach of contract, open to me if I take a case to the SCC?

    I realise that this may be a question more suited to the Consumer Issues forum. If the mods wish to move the thread, feel free.


  • #5
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If it was me I'd ask the garage one more time to fix the problem. If they didn't I'd go to another garage, ask them to look at it, get a letter from them to say if its not fix it would lead to further damage due to water getting in. I'd then get them to repair it, I'd pay for it and sue the first guy for the cost's I'd incurred. Don't know if it would work but I'd give it a go.


  • #6
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    ken wrote: »
    If it was me I'd ask the garage one more time to fix the problem. If they didn't I'd go to another garage, ask them to look at it, get a letter from them to say if its not fix it would lead to further damage due to water getting in. I'd then get them to repair it, I'd pay for it and sue the first guy for the cost's I'd incurred. Don't know if it would work but I'd give it a go.
    That's what I'm currently doing. I'm getting excuses, but I did get him agree to consider a Plan B if this isn't resolved by the end of the month. At that point, I'll pull out the estimate from the other dealership and take it from there.


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  • #7
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    No Pants wrote: »
    Sorry, I just want to follow up on this. Assuming that I have the paperwork needed, are both avenues, loss and breach of contract, open to me if I take a case to the SCC?

    http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument

    Not sure that I understand your question. In any case, you will see the types of claims which are dealt with and the ones which are excluded.

    A claimant may have a cause of action for breach of contract, and claim X in damages. I don't know if that answers your question.


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