Small Claim Court refused my case

CommShepard

I want to get back my 180 euro from a company that does not even answers my letters / emails
Small Claim Court refused the case as it's a matter for the Civil Courts

It's only 180 euro, I know it a small amount, but it does matter to me.
is there anything I can do without spending a fortune to get my 180 euro back?

Sam Kade

Have you a receipt for it? If you have a good paper trail of the transaction send them a registered letter threatening to take the matter further if they don't refund you in a certain time frame.

Fred Swanson

This post has been deleted.

biscuithead

Fred Swanson wrote: »

This post has been deleted.

Isn't the OP a consumer-to-business dispute?

Fred Swanson

This post has been deleted.

GM228

biscuithead wrote: »

Fred Swanson wrote: »

Debts are not allowed in small claims.

Most people think because the amount is small that small claims automatically applies. Small claims is only for certain things mostly consumer to business disputes.

Isn't the OP a consumer-to-business dispute?

Makes no odds, as Fred stated claims involving a debt are not covered under the procedure.

http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/A9C6E93D70127EF38025810D0034EAD6?opendocument&l=en

Excluded from the small claims procedure are claims arising from:

(a) a hire-purchase agreement

(b) a breach of a leasing agreement

(c) debts

http://www.courts.ie/Courts.ie/Library3.nsf/64e0045451d9b2d180256e5c0059af4c/325fc5e5087b75ca802580bf0059e7e9/%24FILE/Small%2520Claims%2520Leaflet%2520February%25202017.pdf

The Small Claims Court does not deal with claims for debt or money owed, for either consumer or business claims.

biscuithead

GM228 wrote: »

Makes no odds, as Fred stated claims involving a debt are not covered under the procedure.

http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/A9C6E93D70127EF38025810D0034EAD6?opendocument&l=en




http://www.courts.ie/Courts.ie/Library3.nsf/64e0045451d9b2d180256e5c0059af4c/325fc5e5087b75ca802580bf0059e7e9/%24FILE/Small%2520Claims%2520Leaflet%2520February%25202017.pdf

OK, just out of curiosity......what is the SCC for then? A claim is generally for compensation no? Is that not a "debt"? Can you give me an example of a valid SCC case?

CommShepard

I understand the SCC won't help me, that we never my question.

Peregrinus

biscuithead wrote: »

OK, just out of curiosity......what is the SCC for then? A claim is generally for compensation no? Is that not a "debt"? Can you give me an example of a valid SCC case?

GM228 has already provided a link. From that link:

Type of claims dealt with

(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

(b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

(c) a claim for minor damage to property (but excluding personal injuries)

(d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

provided that a claim does not exceed €2,000.

Samuel T. Cogley

biscuithead wrote: »

OK, just out of curiosity......what is the SCC for then? A claim is generally for compensation no? Is that not a "debt"? Can you give me an example of a valid SCC case?

It's important to note, and this is also in reply to another poster that asked, can they just decide to take what they want (within the bounds of the legislation) it's not a court but a procedure within the District Court set up to deal with very specific cases.

Think of it as the consumer issues forum of the court world. Question comes in, gets the same answer on one or two pieces of legislation.

It deals primarily with consumer claims for faulty goods.