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Small claims court help

  • 17-05-2018 12:43pm
    #1
    tonydude
    Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭


    Hi looking for some advice, my mother in law got work done in 2016 and got a receipt from the company and states the work has a 10 year guarantee. The work that has been done is starting to fail now and is worse than ever. She has tried calling him and keeps getting excuses , now he's saying the company is gone and he's in England but that's sounds like lies. I'm persuading her to go to the small claims court and to get back the money she paid. Does this sound like grounds to go to the court?


Comments

  • #2
    Time
    Registered Users, Registered Users 2 Posts: 993 ✭✭✭Time


    tonydude wrote: »
    Hi looking for some advice, my mother in law got work done in 2016 and got a receipt from the company and states the work has a 10 year guarantee. The work that has been done is starting to fail now and is worse than ever. She has tried calling him and keeps getting excuses , now he's saying the company is gone and he's in England but that's sounds like lies. I'm persuading her to go to the small claims court and to get back the money she paid. Does this sound like grounds to go to the court?

    Check the company status on CRO.ie first, if he's gone bust then you're most likely out of luck. What type of work was it, perhaps its covered by a manufacturers warranty or some sort of insurance.


  • #3
    tonydude
    Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭tonydude


    Time wrote: »
    Check the company status on CRO.ie first, if he's gone bust then you're most likely out of luck. What type of work was it, perhaps its covered by a manufacturers warranty or some sort of insurance.

    The work was construction in nature, and due to bad workmanship it's falling apart. The name isn't in cro.ie but he probably isn't registered as a company just self employed.


  • #4
    Time
    Registered Users, Registered Users 2 Posts: 993 ✭✭✭Time


    If you have an address for him and it’s relatively close I’d attempt to find out if he still lives there. If he does file the claim, they’ll send a registered letter to him and if it’s delivered and signed for then you’ll get a hearing. If he doesn’t engage you win by default and you can have the sheriff enforce the order against him for a small fee.

    Also he can’t renege on the warranty if he’s self employed.


  • #5
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    tonydude wrote: »
    Hi looking for some advice, my mother in law got work done in 2016 and got a receipt from the company and states the work has a 10 year guarantee. The work that has been done is starting to fail now and is worse than ever. She has tried calling him and keeps getting excuses , now he's saying the company is gone and he's in England but that's sounds like lies. I'm persuading her to go to the small claims court and to get back the money she paid. Does this sound like grounds to go to the court?

    First thing to note (as I point out every time these questions arise) is that the Small Claims is a procedure, not a court.

    Secondly, being a construction job it is possible the monies involved is higher than the €2000 limit, if not then your good to try the procedure.


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