anyone has experience with the European small claims court?

j4vier

Hi,

As in the title, I'm evaluating the option of going through this route to try to recover my losses.

The amount is 300 Euro. Basically I ordered an item from an Italian website and paid by bank transfer. I had a 14 days change of mind period, and I cancelled the order on the 7th day via email and a registered letter. The goods were not shipped. They acknowledged the cancellation but 15 days have passed since my refund request and no sign of my money. They mention it can take 30 days to process this refund in their t and c.

In the event that even on the 30th day my money hasn't returned, is the small claims court a viable option?

Thanks

Kristopherus

Can you ask your bank to do a reverse charge on that transfer, if it is possible.

TheChizler

Keep chasing them for now sometimes people can just be incompetent or forgetful rather than plain refusing.

j4vier

Kristopherus wrote:

Can you ask your bank to do a reverse charge on that transfer, if it is possible.

I don't think BOI can do that. I asked them before, once the money is gone by inputing the 365 pin, they wash their hands with it

j4vier

TheChizler wrote:

Keep chasing them for now sometimes people can just be incompetent or forgetful rather than plain refusing.

I will do, I have to give them up to the 30 days. I'm preparing however for the worst possible outcome

Del2005

Kristopherus wrote: »

Can you ask your bank to do a reverse charge on that transfer, if it is possible.

IIRC with SEPA a bank can't take money back anymore, the recipient has to return it.

j4vier

does anyone know the value of submitting a claim through the european online dispute resolution system?

https://ec.europa.eu/consumers/odr/main/?event=main.home.show

I've set up a dispute but the waiting times are considerably long. How is this system different than the small claim procedure?

Fred Swanson

This post has been deleted.

j4vier

Fred Swanson wrote: »

This post has been deleted.

http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

Here it says that I can use the small claim procedure for cross-border cases.

In other words, the party with whom you are in dispute must be domiciled or habitually resident in another member state and you are pursuing the action in Ireland

Fred Swanson

This post has been deleted.

j4vier

Yes the EU small claim option is the one I'm interested in since the website is based in Italy and the money was sent to an Italian bank

Yggr of Asgard

You can use the European Payment Order Process which is similar to the small claims court process:

https://e-justice.europa.eu/content_order_for_payment_procedures-41-en.do?clang=en

Unfortunately for Ireland that is still based on paper forms.

There is nothing your bank can do at this point as you are outside the 10 days period for SEPA recalls. Those are seldom and only for specific circumstances (fraud, double payment etc.) so that won't work.

Good luck in getting your money back.

j4vier

Yggr of Asgard wrote: »

You can use the European Payment Order Process which is similar to the small claims court process:

https://e-justice.europa.eu/content_order_for_payment_procedures-41-en.do?clang=en

Unfortunately for Ireland that is still based on paper forms.

There is nothing your bank can do at this point as you are outside the 10 days period for SEPA recalls. Those are seldom and only for specific circumstances (fraud, double payment etc.) so that won't work.

Good luck in getting your money back.

Excellent info, thank you

KidMeNotA1

European Small Claims Court is a good route. It costs €25, which you can add to your claim. They have to be represented at your local court, which they may not want to do, due to cost, plus bad publicity. I claimed from a Polish company, who paid up in full just before the court, so it is worth a try.

KidMeNotA1

European Small Claims Court is a good route. It costs €25, which you can add to your claim. They have to be represented at your local court, which they may not want to do, due to cost, plus bad publicity. I claimed from a Polish company, who paid up in full just before the court, so it is worth a try.

KidMeNotA1

European Small Claims Court is a good route. It costs €25, which you can add to your claim. They have to be represented at your local court, which they may not want to do, due to cost, plus bad publicity. I claimed from a Polish company, who paid up in full just before the court, so it is worth a try.

KidMeNotA1

European Small Claims Court is a good route. It costs €25, which you can add to your claim. They have to be represented at your local court, which they may not want to do, due to cost, plus bad publicity. I claimed from a Polish company, who paid up in full just before the court, so it is worth a try.

j4vier

thanks for the feedback. I plan to start procedures by the end of this week if i can manage to take the time off work to go to the office on the quays. It's unfortunate that it can't be done online.

I've also got in contact with the ECC who offer a mediation service but not sure I can wait any longer, its being already 32 days since I asked for a refund and they mention that the mediation can require another month. Plus their efforts are now law-enforceable so could just lead to nothing.