Want to initiate small claims proceedings but don’t have address of individual

twinkletoes23

Hi

Someone ( a private individual ) caused damage to my property . I have taken photos before and after . They are not a tenant / renter / Airbnb / tradesperson

I only have their phone number and car registration . I do know where they work but I don’t know their home address . I have asked them for this information but they won’t supply it .

what are my options as it looks like I can’t submit small claims court documentation or even start proceedings without their home address. Should I just use their work address

...Ghost...

Curious about the before and after. What did they damage which resulted in you conveniently having before and after photos?

If you were a super spy, you would follow the car from work to find the address.

Worth dropping into the Gardai, but they are most often useless with these things, using the classic "civil matter". Now, if it was criminal damage, you might have more luck with them getting you an address.

Aravo

If you knew there name and what county they are from you could see if they made any planning permissions in their name and then check if that car reg is there at that address.

If the matter concerns a car incident the Gardaí or MIBI should be able to assist.

twinkletoes23

hey thanks it was a private individual who applied to be a housesitter through an app . I had before photos as I used the photos in my listing profile . They applied to be a housesitter . I have notified the app .

twinkletoes23

https://www.boards.ie/discussion/comment/121299428#Comment_121299428

Thanks how would I do that ? They don’t live in Dublin

Aravo

Check county/city council planning section of their respective websites

endofrainbow

Check the electoral register.

https://www.boards.ie/discussion/comment/121299448#Comment_121299448

Are you thinking of making a claim against the app, or the individual?

JVince

You can't take a private individual to small claims court unless they are involved in a trade. If you paid any form of fee to the house sitting app, then it is they who provided the service and they should assume responsibility.

It is of zero interest to the gardai as it is a civil matter unless you can show criminal intent and frankly they have little interest in smaller real crimes, so they will have less than zero interest in your situation. Read your terms and conditions of the house sitting app (I don't know why people skip this rather important element when trusting their house to someone) and that will give you their complaints procedure.

But chasing the individual - a total and complete waste of time

Del2005

https://www.boards.ie/discussion/2058320149/want-to-initiate-small-claims-proceedings-but-don-t-have-address-of-individual

Did they do the damage with the vehicle or something else? If they did the damage with the vehicle you can claim from the MIBI using the reg.

Donald Trump

https://www.boards.ie/discussion/comment/121304199#Comment_121304199

That's not quite correct. You can make a claim for damage to your property too. Which the OP appears to be implying

https://www.boards.ie/discussion/comment/121304269#Comment_121304269

Isn’t that for damage caused by the tradesperson/business? Unless of course you are saying you could use the SCC to sue anyone who damaged a vase in your house in the SCC, that would be interesting, the neighbours kids would be in Court on a weekly basis.

Donald Trump

https://www.boards.ie/discussion/comment/121304353#Comment_121304353

If you couldn't bring your property claim in the Small Claims Court, there is nothing stopping you from bringing a claim to the District Court in general. That doesn't mean it will succeed or won't be just thrown out based on the facts.

https://www.boards.ie/discussion/comment/121304428#Comment_121304428

The SCC is designed to be a streamlined procedure where consumers can make a claim against businesses cheaply, easily, and without the need for a solicitor. Would any of that apply to a DC case? Doubtful if you want to succeed with your claim, and you would be on the hook for the other sides costs if you lose.

I only once considered SCC, bought a phone whose ring tone was inaudible, the very mention of SCC got my money back so didn’t have to go through with it. But I do recall it being for consumer v business transactions, unless I’m mistaken.

Donald Trump

https://www.boards.ie/discussion/comment/121304517#Comment_121304517

SCC is used for Special Criminal Court

Small Claims "Court" is part of the District Court. The point I made, which I presumed was an easy-to-understand point, was that there would be nothing stopping you from bringing a claim to the District Court proper if the Small Claims Procedure was not open to you for whatever reason.

You may read more on it here.

https://www.courts.ie/small-claims-procedure

edit: no point in engaging in any more silliness.

Donald Trump

https://www.boards.ie/discussion/comment/121304751#Comment_121304751

The only silliness is trying to argue with someone for the sake of it - on something that you can find out yourself in 2 minutes (and has been spoonfed to you in the form of a link)

The OP can contact the registrar for more information if they want. They can also just file and pay their application fee, and if their case is not suitable for the procedure, they get refunded.

twinkletoes23

You can submit a claim with the small claims court against a private individual if there has been damage to your property as long as the value is less than €2000

I have followed the complaints procedure with the app and this person violated the code of conduct

The app complaints team said I would need to pursue the individual separately regarding damages to my property

Thank you for the advice. I can’t view their details on the electoral register, due to GDPR . You can only look up if you have their PPSN and eircode .

https://www.boards.ie/discussion/comment/121305888#Comment_121305888

You paid someone to be a house sitter, was that a tradesperson/business operator? SCC is used by consumers to make claims against businesses, this sounds like a private transaction between two people, not a consumer/business transaction. From what you posted, the business is the app.

Claw Hammer

It seems that the o/p paid someone for a service. They person they paid failed to provide the service in the manner in which they carried it out. The app may be negligent if they gave any kind of express or implied warranty in respect of the service.

The problem the op has is that he can't actually cause papers to be served on the house sitter. If he has an email address and a mobile phone number he may be able to get a case started. He needs to get the app involved.

https://www.boards.ie/discussion/comment/121306683#Comment_121306683

I’m not sure the house sitter can be considered a business though, this looks more to me like a private agreement. Also, the “service” was house sitting apparently, there is no mention of that service not being provided.

It would also be useful (maybe I missed it) to know the item/sum involved, are we talking about a very expensive item, or are we talking about an electric kettle? In all probability the house sitter will deny breaking the item, and a picture may not conclusively show it wasn’t broken, it could just be held together.

twinkletoes23

https://www.boards.ie/discussion/comment/121306683#Comment_121306683

The app is involved . Both the sitter and I pay an annual platform fee to the app. I don’t pay the sitter and they don’t pay me . The sitter violated some of the code of conduct set out by the app . Damage caused to my property was about €600 . I don’t want to get too specific about what was damaged. It wasn’t my car.

I have the sitters phone number and car reg. I can ask the complaints team for the sitters address but I know they won’t disclose it ( GDPR) . My issue is I don’t know how I can instigate small claims process without their home address.

https://www.boards.ie/discussion/comment/121308818#Comment_121308818

If you pay the app, they are providing the service.

https://www.boards.ie/discussion/comment/121305888#Comment_121305888

The electoral register doesn't just exist on a website.

Claw Hammer

https://www.boards.ie/discussion/comment/121307035#Comment_121307035

What do you mean by"private agreement"? A householder engaging a plumber to fix a leaking tap also enters a private agreement with the plumber.

Claw Hammer

https://www.boards.ie/discussion/comment/121308818#Comment_121308818

Does the app in its terms and conditions exclude liability? If not you can proceed against the app.

https://www.boards.ie/discussion/comment/121309201#Comment_121309201

plumber is a tradesman, a business, if I give you €10 to help me lift a pipe, are you a tradesman/business just because I gave you €10 to lift a pipe? Or possibly a more relevant analogy, if you use a third party site like donedeal to sell your car, does that make you a car dealer/business?

Personally I think the op may get a better result by going after the app, in all probability, even if the claim was admitted to the SCC, the housesitter will swear blind that she did no damage and the op’s photo only proves the item wasn’t broken the day the listing went up. Whereas the app business will have to engage a solicitor to attend the Court and as it is a business, whom the op paid for the service, it more closely fits the criteria for the claim to be admitted.