Shall Add the Application Fee to My Small Claims Complaint?

Hiddden

I'm considering submitting a complaint against a local business who 1. charged me more than the agreed price for unwanted services, and also 2. caused damage to some piece of clothing of mine, but I'd like to clarify two things:

1. The website mentions that the €25 is nonrefundable. However can I include that in my claim against the business? e.g. Let's say I'm claiming €100, which breaks down to €30 and €70, and also add a €25 for the fee I'm applying.

2. Just to get this right, it's mentioned that: "Claims can also be made for minor damage to your property." *property* includes anything that belongs to me such as clothing, in this case, right?

L1011

You very specifically are not allowed add it. Property is anything. You will likely need an independent assessment of the cost of the damage if they dispute it; which is again not refundable.

Hiddden

I'm not starting a new topic since this is all relevant to the same thing, tried editing the subject but it looks like I don't have privileges to do so.

1. There is only one field for the claim and I can choose among property damage, goods, services, etc. My claim consists of both property damage and services. Which one should I choose?

2. The property damage happened at my first visit to the place, the service damage is indicated on the invoice dated for the next day. Which date shall I choose for the incident?

3. Is inequality behaviors something that I should mention in my statement? I've got a lot of hassle from how they've treated me during receiving the service, etc.

4. What does "associate or associate bodies" refer to?

L1011

1: Property damage, as it happened first
2: First date
3: irrelevant
4: context?

TheChizler

Didn't realize you shouldn't add it in the claim. We did before, as well as solicitor's fee, as numbered items on the application forms and were awarded the whole amount claimed. The other party never contested or showed up so maybe it was never looked at in detail.

Hiddden

4:

Section II: Respondent: Name: ... Trading as: ... (tooltip says: "Enter the name of the associate or associate body.")

L1011

TheChizler wrote: »

Didn't realize you shouldn't add it in the claim. We did before, as well as solicitor's fee, as numbered items on the application forms and were awarded the whole amount claimed. The other party never contested or showed up so maybe it was never looked at in detail.

The registrar shouldn't have even let it go through. Not your problem if they do, though.

Hiddden wrote: »

4:

Section II: Respondent: Name: ... Trading as: ... (tooltip says: "Enter the name of the associate or associate body.")

They just need the actual legal name. e.g. in my recent case against 3, "3" or "Three" etc wasn't the actual name, it was Three Ireland Retail (Hutchinson) Limited. cro.ie to find the legal name if its a business. Registrar should help you correct this if its incorrect anyway

Hiddden

TheChizler wrote: »

Didn't realize you shouldn't add it in the claim. We did before, as well as solicitor's fee, as numbered items on the application forms and were awarded the whole amount claimed. The other party never contested or showed up so maybe it was never looked at in detail.

Would you actually get a solicitor for the small claim complaints? And for the property, should it be the discounted fee that I have paid or the actual price of the item since I can't buy the same thing at discount anymore? (360 vs. 100eu)

L1011

Hiddden wrote: »

Would you actually get a solicitor for the small claim complaints? And for the property, should it be the discounted fee that I have paid or the actual price of the item since I can't buy the same thing at discount anymore? (360 vs. 100eu)

Actual price. You don't have receipts for the replacement price and there is no responsibility for it - refund is an option for retailers.

Hiddden

L1011 wrote: »

They just need the actual legal name. e.g. in my recent case against 3, "3" or "Three" etc wasn't the actual name, it was Three Ireland Retail (Hutchinson) Limited. cro.ie to find the legal name if its a business. Registrar should help you correct this if its incorrect anyway

I have their legal name from CRO already which has gone into the "Name" field. So I assume "Trading as" field is the one they're known as? (in your case "Three"?)

Or am I supposed to give the person's name who was dealing with me? (company director)

L1011

Hiddden wrote: »

I have their legal name from CRO already which has gone into the "Name" field. So I assume "Trading as" field is the one they're known as? (in your case "Three"?)

I wouldn't even fill it in unless it majorly different (Mickey Mouse Ltd trading as Donald Duck kind of stuff)

Hiddden

L1011 wrote: »

I wouldn't even fill it in unless it majorly different (Mickey Mouse Ltd trading as Donald Duck kind of stuff)

It's a compulsory field, that's why I'm asking, otherwise I'd leave it empty.

L1011

Been some months since I had to fill one out - put the trading name in in that case.

TheChizler

Hiddden wrote: »

Would you actually get a solicitor for the small claim complaints?

It was for a few letters beforehand.

Hiddden

TheChizler wrote: »

It was for a few letters beforehand.

So you had a receipt? Did they check the receipts? I was prepared to upload them but I don't see a field for that. The price tag shows the original price but my receipt only has the discount price. Not sure which one to put in.

Hiddden

And is there any guideline on how to write the statement in a legal/formal way? I've been googling but only getting American State specific samples which wouldn't necessarily apply to the Irish ones.

TheChizler

No receipts whatsoever but it seems we might have had an atypical experience.

Hiddden

TheChizler wrote: »

No receipts whatsoever but it seems we might have had an atypical experience.

I'm full of curiosity about your case now. but any idea which one I should put in? I will try and speak to the registrar about this on Monday, but I'm trying to make as much progress as I can with documenting stuff before then.

L1011

Hiddden wrote: »

And is there any guideline on how to write the statement in a legal/formal way? I've been googling but only getting American State specific samples which wouldn't necessarily apply to the Irish ones.

There's no need to. Its a civilian process.