Small claims court Ireland or eu??

Wquirke1234 · 25-11-2019 6:20pm #1

Hi

I'm looking to submit a claim to the small claims court. I've done it before for an UK business with registration in Ireland.

Now I'm at in again and wish to pursue a UK business, with no office in Ireland although they operate here and customer service is a 01 phone number transferred to UK office. Am I right in saying it is the EU claim form I fill in. Has anyone gone the EU route and is it relatively as straight forward as the Irish small claims.

L1011 · 28-11-2019 8:38pm

Where did you actually perform business with them? Online presumably

EU Small Claims is exceptionally slow, dependent somewhat on decent your local court registrars are at handling it.

KidMeNotA1 · 02-12-2019 8:47am

If your address is in Ireland, make the claim to your local area. It can be quick, & the other party must have representation there, or pay up. Easy & effective at very little cost. Don't forget to claim your court fees (€25)

ytpe2r5bxkn0c1 · 02-12-2019 9:04am

KidMeNotA1 wrote: »

If your address is in Ireland, make the claim to your local area. It can be quick, & the other party must have representation there, or pay up. Easy & effective at very little cost. Don't forget to claim your court fees (€25)

It's not that simple for a supplier outside Ireland, and you can't claim the court fee.

L1011 · 02-12-2019 9:17am

Interestingly you can claim the fee (and interest on it although the rate is probably 0 currently) in an European case but not a domestic one.

KidMeNotA1 · 02-12-2019 9:18am

Court fees can be claimed in all cases - my own experience proved that - and the defendant must have either a lawyer or be present, so chances are good you will be paid before the hearing, as it may not be worth their time. I have done this with other countries, successfully!All legit, of course!

KidMeNotA1 · 02-12-2019 9:23am

Court fees (€25) can be claimed in ALL cases, regardless of location. If you have to travel some distance to Court, you can also claim travel cost.

L1011 · 02-12-2019 9:24am

KidMeNotA1 wrote: »

Court fees (€25) can be claimed in ALL cases, regardless of location. If you have to travel some distance to Court, you can also claim travel cost.

Only if the registrar doesn't notice they're on your claim - they are explicitly not claimable

KidMeNotA1 · 02-12-2019 9:29am

Not so - and the judge queried my travel expenses, giving me €0.48 per Km instead of the €0.50 I had claimed. If you phone the SC court they will verify

L1011 · 02-12-2019 9:35am

Your anecdotes don't override what is actually written down as the rules.

The fee is legal costs which is explicitly excluded under the 1999 legislation that the current procedure is based on

That a registrar missed it for you doesn't mean they'll miss it for someone else. Claim may be sent back to be amended if noticed.

j4vier · 09-12-2019 7:28pm

Can a claim form for the EU small claim procedure be posted or should it be dealt with in person?

L1011 · 09-12-2019 7:32pm

Can be posted - note that while the form has a section for card payments, some (maybe all) district courts can't actually take card payments and you can't pay by CSOL for this so you need to use ye-antique cheque/postal order.

slave1 · 10-12-2019 1:59pm

In all three of my cases I asked the company concerned to cover the SCC fees and they all obliged.

If you don't ask...

j4vier · 16-12-2019 10:02pm

L1011 wrote: »

Can be posted - note that while the form has a section for card payments, some (maybe all) district courts can't actually take card payments and you can't pay by CSOL for this so you need to use ye-antique cheque/postal order.

Well that’s a bit of a problem!

No mention whatsoever of this on any of the sites dealing with the subject.

I already posted my form with my cc details.

I suppose they will get in touch now with me to ask an alternative form of payment?

L1011 · 16-12-2019 10:03pm

j4vier wrote: »

Well that’s a bit of a problem!

No mention whatsoever of this on any of the sites dealing with the subject.

I already posted my form with my cc details.

I suppose they will get in touch now with me to ask an alternative form of payment?

You'd think they'd make it more clear, wouldn't you? Found out from experience!

In my case they phoned me and asked me to re-send the docs with a money order. You may be lucky with your local court.

silver2020 · 17-12-2019 1:34pm

I'd be looking at a chargeback if at all possible. UK will be leaving the EU and whilst EU law will still apply for a transition period, some companies will simply ignore it knowing that you can do sweet fa.

A chargeback can be done up to 120 days after delivery and if it can be done, its a hell of a lot simpler.

Small claims court Ireland or eu??

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