Small Claims Court - application refused by Registrar

mypetgiraffe1

Hello, I submitted a claim to the small claims court for a service provided and the application was refused. Without going into the actual details of the claim itself, the response I got was that the Small Claims procedure did not have jurisdiction to take my claim as it could only resolve issues where the service purchased was not provided.

In my case, the service was partially provided, and the small claims registrar alluded to the fact that my claim may have fallen within it's remit if the service had been fully denied. However, in this case, the service provider had provided to all of its customers, a temporary alternative to cover one part of it's service that it could not temporarily provide. In my case, the "one part of it's service" was the only part of it's service that I availed of, and the temporary alternative did not work for my specific needs.

The small claims guys also said that, even if they were minded to accept my claim, it would be "subject to the matter not falling with the legal understanding of "Breach of Contract".

As I don't really want to get into the rights and wrongs of the actual case on here, my question is as follows:

I purchased a service for a set period of time and part of that service was temporarily denied to me (the alternative was not suitable for my needs). I therefore brought a claim for the portion of the period where the service was not available - a pro rata claim for a percentage of the service price paid by me.

The legislation says that a small claim, is a claim in relation to a consumer contract, by the consumer against the vendor in respect of any goods or service purchased and excludes hire purchase agreements, breaches of leasing agreements and debts.

The small claims procedure outlines that the Registrar decides whether the claim falls within the scope. In this case, in my opinion, the claim is in scope as it is a service. But the Registrar has gone further and determined that an alternative offering from the service provider is sufficient.

To me, I had expected that this was for the court to decide and not the registrar - otherwise they are acting as judge. I had hoped that they could only refuse my claim if it was deemed not to be within the definition of a small claim as defined.

Any views, and any opinion on whether there is any recourse to "appeal" a decision not to let my claim go through the process?

Thanks.

athtrasna

Sounds like a mobile phone issue where the replacement phone was a non smart phone. If so the phone service was still provided but the phone does not form part of the service, your contract would have clarified that.

mypetgiraffe1

hi, no, nothing like that.

Without hypothesizing on what it was though, I'm more interested in whether the registrar can interpret anything beyond whether it was a service or not? In my case (my opinion) the registrar went further than that and made a judgement themselves that the contract was fulfilled.

drunkmonkey

it's their job to see can them come up with a resolution between the 2 parties before it actually goes to court, they obviously don't believe you have any case if there not willing to even arbitrate between you.
Have you exhausted the claims procedure of the company your were dealing with? Had you a record of that?

It does sound like a mobile phone case as another poster pointed out, For example you had a iPhone on a contract with eir, phone became faulty and you would not accept their loan phone offer as it wasn't an iPhone and now your looking for a refund on the bill. Is it a similar scenario just not a phone?

mypetgiraffe1

Thanks drunkmonkey. I guess that's what my question is though - is it within their remit to decide whether or not I have a case or not? My view was that they can only decide whether the claim is in scope or not.

Not a similar scenario to the mobile phone no. It's not secret, I just don't want to make it public until I have resolved it (or not!). PM'd you.

my3cents

OP tbh I think you are expecting too much of a legal claims system that is set up to be simple and cheap for the consumer. For €25 you are expecting a court judgement. If the registrar who sees these cases everyday won't accept the application then you can still go to a higher court. To keep it as a system that works for straight forward cases why shouldn't the registrar prejudge cases that would clog the system up if allowed to proceed?

foggy_lad

If it is a case of a non smart phone being given as temporary replacement then the service is still being provided by the company but they are unable to provide you the handset to avail fully of that service.

Afaik the handset is not part of the service contract apart from being charged in the contract monthly fees but because it is not in the service contract you are open to providing your own replacement.

If you had a lease agreement for the handset in such a contract then it would form part of the service contract but no companies do this except maybe for business clients?

Pro Hoc Vice

mypetgiraffe1 wrote: »

Thanks drunkmonkey. I guess that's what my question is though - is it within their remit to decide whether or not I have a case or not? My view was that they can only decide whether the claim is in scope or not.

Not a similar scenario to the mobile phone no. It's not secret, I just don't want to make it public until I have resolved it (or not!). PM'd you.

First there is no such thing as a small claims court, there is a procedure in the District Court called the "Small Claims Procedure” means the alternative method provided by this Order of commencing and dealing with a civil proceeding in respect of a small claim;"

The relevant rule of the District Court is http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/64034533c237933d802576a5003a81c7?OpenDocument

Rule 5 Where the claim does not come within the scope of the Small Claims Procedure or the claimant fails to supply supporting documents sufficient to identify the proper respondent to his or her claim, the Small Claims Registrar shall so inform the claimant and shall refund the fee.

I do not believe there is an appeal to a refusal by Registrar as a case can be brought in DC under normal rules.

MarkAnthony

Pro Hoc Vice wrote: »

I do not believe there is an appeal to a refusal by Registrar as a case can be brought in DC under normal rules.

Completely impractical but I assume it could be JR'd?

Pro Hoc Vice

MarkAnthony wrote: »

Completely impractical but I assume it could be JR'd?

Interesting idea but a huge risk and I would think huge chance the HC could say there is no refusal of access to the the DC as you can just bring case there. If the HC orders costs against a person could fun to tens of thousands.