Small Claim Query

Gadgetman496

I'm about to file a small claim online (never done this before).

One of the pointers in their help section says it's very important to file the claim under the correct name for the company the claim is against (The Respondent).

I checked the company name on the CRO site and it has 2 names actively registered.

Obviously I don't want to mention the company's name here so I'm using a fictitious name "Red Book" for this example.

The CRO search returns the following,

Red Book IRELAND (Type registered 31/05/2013

RB Red Book LIMITED (Type C) registered 01/08/2014

There is a footer on the company's website which reads,

Red Book is a trading name of Red Book Ireland © 2017

Which of the above should I use to name the company on the claim?

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TheChizler

I'd imagine the former but couldn't be sure. Do you have any receipts from them?

punisher5112

Put in rb limited trading as rb

Gadgetman496

TheChizler wrote: »

Do you have any receipts from them?

I do, now it's even more confusing :eek:

Here's what's on their receipts/invoices

Red Book is a trading name of Red After Market Services Limited © all rights reserved

CeilingFly

You'd put the company name "trading as"

Eg, company called Abc ltd, but name over door is bcd sweet shop, then you say Abc ltd t/a bcd.

In the cro "c" = company, "b" = business name. Many business names are registered by companies and generally a business name has no legal standing

daheff

have they mentioned their VAT or company number on the invoice? That could be used to identify exactly which company it is.

Gadgetman496

daheff wrote: »

have they mentioned their VAT or company number on the invoice? That could be used to identify exactly which company it is.

Good idea daheff, unfortunately their invoice, receipts and Website do not contain a VAT number.

Gadgetman496

I contacted the CRO office today and they informed me of the correct name to use.

While creating the claim I can see no option to upload/attach any documents to support the claim.

I have pdf files of receipts, invoices, proof of delivery of the registered letter I sent the company along with the attempts I made to resolve the issue with the company. etc.

I also have the full version of my submission which was too large for the characters allowed in the on-line submission section which is limited to 1500 characters.

Anyone know how I can include these documents? or how does that work?

Mr. Incognito

Put in the Legal LTD name.

The other is a trading name I suspect

Gadgetman496

Mr. Incognito wrote: »

Put in the Legal LTD name.

The other is a trading name I suspect

Thanks, but that side of it is sorted now.

My question now is, how do I include supporting documents when submitting the on-line claim? There does not appear to be any option to attach or upload any files.

Gadgetman496

I went ahead and submitted the claim on 15 Nov 2017 and heard nothing until today when I received a letter from the courts stating the following.

Dear xxx

I refer to the above claim and enclose a copy of the reply received from the respondent.

Please let me have your comments in writing as soon as possible.

Respondent:

I deny the claim made against me in the above matter for the following reasons:

Phone is fixed and ready for collection.

The whole reason for the claim in the first place was they took my fully functioning phone to install a new battery and handed it back not working at all. They then told me it was deemed UN-repairable.

The claim was initiated in Nov 2017 and the company never contacted me to inform me the phone was now supposedly repaired and was ready for collection.

I'm without the one now for 5 months and am wondering how I should proceed? Should I just collect it and let it go at this stage?

Any recommendations?

ohnonotgmail

if the phone is fixed and ready for collection then the basis for your claim is gone, surely?

Gadgetman496

ohnonotgmail wrote: »

if the phone is fixed and ready for collection then the basis for your claim is gone, surely?

It more than likely is, but I'm pi$$ed at the fact they never contacted me to let me know it was repaired, and remember they told me it could not be repaired. I have been without it now for 5 months too.

Either way I'd imagine they probably threw the internals of another phone into my case at this stage? but of course I can't know that for sure either unless the IMEI number would tell that?

ED E

SCC cant award you damages/loss of time with the device - so all you'd get is the depreciated value of the handset. On a pragmatic level this might be worse than getting the handset back - IF the repair is properly completed. IF.

Xterminator

ED E is completly right.

the best you can hope to come out of this is with a properly working handset.

Thats the best possible scenario. SCC means no damages, nothing punatitive etc. no compensation for lost business opportunities, etc.

So get the handset, assses and make sure it is working properly, and if so, thats a result.