A friend, who is a private individual not a business, sold a second hand car in May 2021 and has received a summons in August from the Small Claims Court as the buyer, also a private individual, is no longer happy with the car! It's my understanding from the Citizens Information website and the Consumers' Association of Ireland that a private individual cannot be sued in the Small Claims Court, it's only for a Consumer vs a Business or Business Owner.
Here's the exerpt from the CAI website
"You can claim against a person or company for goods or services you purchased from them for private use, providing they were acting in the capacity of a business. If you bought goods or services from a person under a private, informal arrangement, the court won’t be able to take your claim."
My friend has responded to the summons, her response was sent to the Claimant, the Claimant responded to the Court that they did not accept the Respondant's claim to be a Private individual and that the car was sold under a private, informal arrangement. Now the Small Claims Court is asking my friend for an offer of settlement within 14 days or a court date will be issued.
Surely this is not correct? How can you prove to the Court Registrar that you are indeed a private individual and are not a business in order to stop the case proceeding to Court?
The car was sold privately from her house, she is a PAYE employee and doesn't have any other sort of business and can't understand why this is going to court. The car was sold on a "SOLD AS SEEN" basis 3 months prior to the summons arriving. The buyer chose not to bring a qualified mechanic, drove the car, was happy with it and paid in cash.
Grateful for any insight or experience anyone has had with a similar case.
Here's the exerpt from the CAI website
"You can claim against a person or company for goods or services you purchased from them for private use, providing they were acting in the capacity of a business. If you bought goods or services from a person under a private, informal arrangement, the court won’t be able to take your claim."
My friend has responded to the summons, her response was sent to the Claimant, the Claimant responded to the Court that they did not accept the Respondant's claim to be a Private individual and that the car was sold under a private, informal arrangement. Now the Small Claims Court is asking my friend for an offer of settlement within 14 days or a court date will be issued.
Surely this is not correct? How can you prove to the Court Registrar that you are indeed a private individual and are not a business in order to stop the case proceeding to Court?
The car was sold privately from her house, she is a PAYE employee and doesn't have any other sort of business and can't understand why this is going to court. The car was sold on a "SOLD AS SEEN" basis 3 months prior to the summons arriving. The buyer chose not to bring a qualified mechanic, drove the car, was happy with it and paid in cash.
Grateful for any insight or experience anyone has had with a similar case.