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Small Claims Court

  • 30-10-2017 1:02pm
    #1
    omen80
    Registered Users, Registered Users 2 Posts: 639 ✭✭✭


    Hi,

    Looking for some advice on how to file a claim to the Small Claims Court.

    Back in July I returned a guitar amp to the manufacturer in the UK due to an electrical fault in exchange for a refund. I used the same packaging that it was shipped with to me - wrapped in bubblewrap and a double-ply carton. However when the manufacturer received it he sent me photos of the damage from shipping. Basically there were dents in the wood, some knobs broken off, and the cardboard box had obviously received some sort of impact. The manufacturer took the cost of repairs from the refund - around £100.

    I shipped the amp with <mod snip -courier> and declared the value when setting up the shipment. So when I found out that damage had been caused I made a claim through their customer service. Since then it's just been an awful experience. They said they would have to send someone to view the damage, but no one ever contacted the receiver. He held off repairing the amp for 2 months so that someone could view it. Then they said they didn't have the staff to do a proper investigation and to send on photos instead. So I sent on the photos. Then it was a case of them ignoring my emails for a month. I sent a letter to them saying I would be making claim in the Small Claims Court if I didn't get a satisfactory response within 28 days. On the 27th day I got a reply saying that the packaging was insufficient as it was a single ply carton. Not sure how they came to that conclusion since no investigation was done and the carton was actually double ply. I have a record of all emails, photos, and the receiver will confirm that the packaging was sufficient.

    So I want to now make a claim to the Small Claims Court. But I've no idea where to begin since the package went from Ireland to the UK. Which <mod snip -courier>office should I be claiming against?

    If anyone has any advice I would really appreciate it.

    Thanks


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    omen80 wrote: »
    But I've no idea where to begin since the package went from Ireland to the UK. Which UPS office should I be claiming against?
    The one you dealt with when initially arranging transport, presumably in Ireland.


  • #3
    omen80
    Registered Users, Registered Users 2 Posts: 639 ✭✭✭omen80


    Victor wrote: »
    omen80 wrote: »
    But I've no idea where to begin since the package went from Ireland to the UK. Which UPS office should I be claiming against?
    The one you dealt with when initially arranging transport, presumably in Ireland.
    Well the shipment was set up using their website. And when dealing with their customer service I'm not sure where they were physically based. My initial thought was that I would have to make the claim against one of their UK offices.


  • #4
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    omen80 wrote: »
    Well the shipment was set up using their website. And when dealing with their customer service I'm not sure where they were physically based. My initial thought was that I would have to make the claim against one of their UK offices.

    Check their terms and conditions preferably if they were sent to you as part of the contract. It should have their legal name on it somewhere. That is who you claim against. It doesn't matter where the offices of the customer service/ etc are located, once you have the correct company name and address (use CRO).

    I got the company name in seconds through googling their Irish address, so you should be able to do the same.


  • #5
    omen80
    Registered Users, Registered Users 2 Posts: 639 ✭✭✭omen80


    davindub wrote: »
    omen80 wrote: »
    Well the shipment was set up using their website. And when dealing with their customer service I'm not sure where they were physically based. My initial thought was that I would have to make the claim against one of their UK offices.

    Check their terms and conditions preferably if they were sent to you as part of the contract. It should have their legal name on it somewhere. That is who you claim against. It doesn't matter where the offices of the customer service/ etc are located, once you have the correct company name and address (use CRO).

    I got the company name in seconds through googling their Irish address, so you should be able to do the same.
    Ok I'll go with their Irish address. Thanks for the info!


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