SCC Claim - Dispute letter returned past due date

FionnK86

A friend received a small claims court letter with regards to damage incurred on a customers property while it was in their care.

Customer was asked to produce estimate for repairs, they said they would, but small claims letter for €2000 arrived via registered post while my friend was away. Member of staff received letter and didn’t inform friend (on holidays) until past the due date.

Court was sent email explaining but officer said 15 days up as reply dispute letter didn’t arrive within 15 days - email was sent to court within 14 days ( don’t think that counts regardless) and there sending dispute letter today, despite court saying time is up.

Court said they hadn’t received any indication how customer arrived at €2000.

Their not internet savvy, and though I said proper procedures should have been put in place for member of staff to deal with SCC process while they were away, they’d like me to ask:

1. If SCC letter is delayed in post - would this still be accepted?

2. Do working days count in SCC ‘15-day’ cutoff?

3. Are there grounds for appeal on this, considering customer was asked to produce estimate and didn’t even produce it to court.

Mod: if this post is against charter - please remove or assign to appropriate forum.

Credit Checker Moose

It is my experience that the SCC is extremely lenient on deadlines regarding responses.

kennethsmyth

FionnK86 wrote: »

A friend received a small claims court letter with regards to damage incurred on a customers property while it was in their care.

Customer was asked to produce estimate for repairs, they said they would, but small claims letter for €2000 arrived via registered post while my friend was away. Member of staff received letter and didn’t inform friend (on holidays) until past the due date.

Court was sent email explaining but officer said 15 days up as reply dispute letter didn’t arrive within 15 days - email was sent to court within 14 days ( don’t think that counts regardless) and there sending dispute letter today, despite court saying time is up.

Court said they hadn’t received any indication how customer arrived at €2000.

Their not internet savvy, and though I said proper procedures should have been put in place for member of staff to deal with SCC process while they were away, they’d like me to ask:

1. If SCC letter is delayed in post - would this still be accepted?

2. Do working days count in SCC ‘15-day’ cutoff?

3. Are there grounds for appeal on this, considering customer was asked to produce estimate and didn’t even produce it to court.

Mod: if this post is against charter - please remove or assign to appropriate forum.

€2000 is maximum you can claim in small claims court - however if the flaw/issue/cost is more expensive than the 2k then the customer should not be claiming in the scc.

Credit Checker Moose

There is no problem limiting the claim to 2K in order to avail of the SCC.

hullaballoo

For clarity, the SCC is the Special Criminal Court. The SCP is the Small Claims Procedure.

"Small Claims Court" is vernacular but the acronymous SCC means something completely different.