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SCC Claim - Dispute letter returned past due date

  • 08-08-2019 11:14AM
    #1
    Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭


    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.


Comments

  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


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


  • Registered Users, Registered Users 2 Posts: 1,116 ✭✭✭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.


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


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


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,832 Admin ✭✭✭✭✭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.


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