Private individual being sued in the Small Claims Court

Salvadore said:
Nothing simple about the stress for a law abiding citizen of having to rock up in court to defend yourself against bogus claims.
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It's not designed to be stress-free, but it's a hell of a lot less stressful going to the Small Claims Court safe in the knowledge there is no jurisdiction than going to a higher court where you need to shell out decent money to ensure you are well represented.

There's no claims process in the world that will eliminate all stress from life!
 
Gordon Gekko said:
What about evidence that she’s owned the car for years and its insurance certs in her own name for the period?

None of the items above prove that she isn’t a car dealer in her spare time.
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Yes, sorry, she has now sent all the documentation plus everything relating to her ownership of the car for 3 years and 2 months.
 
It could be said that the young man is fraudulently making the claim.

I'd be making a complaint to the gardai about it.

That will take the wind out of his sails.
 
Hi @delgirl

It sounds like you are not a trader of cars and his claim to the contrary is a complete falsehood; but can you think of any possible basis on which he is making the claim that you are a trader of cars?
 
Is it just me or would anybody else agree that this guy is just chancing his arm and looking for some or all of his money back
and when it comes to the day of the court, he will be a no show!!
 
Cervelo said:
Is it just me or would anybody else agree that this guy is just chancing his arm and looking for some or all of his money back
and when it comes to the day of the court, he will be a no show!!
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I think you're right Cervelo. Dear ol' Ireland is awash with guys who feel they are entitled to everything and whose eyes are bigger than their bellies. A few years ago I was subject of a Cork guy looking to reclaim all his money in the Small Claims Court for a £15.00 additional unforseen outlay. He even hired a solicitor to represent him. I was on my tobler mounting my humorous and cynical defence. The judge agreed with me and the instigator was sent home with his tail between his legs. But, what got to me most was his solicitor (i) Asking me to provide legal representation and (ii) His subsequent approach in justifying his cost. The solicitor (have no doubt) was trying to force me into paying for what I didn't need.

I won't bore you with the details of my Small Claims Court performance, but I was disappointed in the amount of time it took to have the case heard and of course the attitude of the solicitor of my opponent.
 
delgirl said:
She has tried numerous times to contact the Registrar and only has 1 week left to respond. He answered her call today, they're incredibly busy and he apologised.

She explained that she is highly disressed by this claim and has offered to forward:-

- confimation from the CRO that there is not and never has been a business name or Company registered in her name;
- a letter from her employer confirming that she is a full time, PAYE employee who works shift and night duty;
- copies of her payslips confirming that she works a minimum 40 hours per week plus occasional overtime etc.
- copies of her personal bank statements showing salary as only form of income and regular outgoings.

The Registrar has agreed to review the documentation and will revert with his decision as to whether the proof is sufficient. Fingers crossed.
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Should your friend not make a statutory declaration before a notary public / peace commissioner that she does not and never has sold motor vehicles in the course of a business, and forward this to the Registrar? [As a matter of urgency.]
 
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Leper said:
I think you're right Cervelo. Dear ol' Ireland is awash with guys who feel they are entitled to everything and whose eyes are bigger than their bellies. A few years ago I was subject of a Cork guy looking to reclaim all his money in the Small Claims Court for a £15.00 additional unforseen outlay. He even hired a solicitor to represent him. I was on my tobler mounting my humorous and cynical defence. The judge agreed with me and the instigator was sent home with his tail between his legs. But, what got to me most was his solicitor (i) Asking me to provide legal representation and (ii) His subsequent approach in justifying his cost. The solicitor (have no doubt) was trying to force me into paying for what I didn't need.

I won't bore you with the details of my Small Claims Court performance, but I was disappointed in the amount of time it took to have the case heard and of course the attitude of the solicitor of my opponent.
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Leper, I would love to have a beer with you!

You have so many good stories.
 
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Leper said:
But, what got to me most was his solicitor (i) Asking me to provide legal representation and (ii) His subsequent approach in justifying his cost. The solicitor (have no doubt) was trying to force me into paying for what I didn't need.

I won't bore you with the details of my Small Claims Court performance, but I was disappointed in the amount of time it took to have the case heard and of course the attitude of the solicitor of my opponent.
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I wonder if you had lost your case would you have been liable for his solicitors costs? Or in the small claims court do each party pay their own costs irrespective of the outcome?
 
Páid said:
I wonder if you had lost your case would you have been liable for his solicitors costs? Or in the small claims court do each party pay their own costs irrespective of the outcome?
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I'm not sure. But, I understand the setting up of the Small Claims Court was to relieve pressure on minor problems being processed through other courts. I'm not sure if a solicitor has any bona fide presence in representing anybody in the SCC. I think a solicitor would be getting in the way of "justice." Also, I reckon employ a solicitor at this low level of court you are liable for his/her professional representation.
 
Páid said:
I wonder if you had lost your case would you have been liable for his solicitors costs? Or in the small claims court do each party pay their own costs irrespective of the outcome?
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Costs aren't awarded in the SCC, the most you can lose is the sub-€2k claim.
 
There’s also the issue of appeal of a decision of the SCC.

If the defendant appeals to the circuit court and wins, the original complainant could be on the hook for both parties’ costs.
 
Gordon Gekko said:
Isn’t Ivan Yates running media training courses or did I imagine that? And didn’t he have a go at Joe Duffy and advise people to avoid the show?
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Ivan Yates charges 1500 euro a day For Media training as you know Joe said anyone paying Yeats should seek a refund,

I wonder did lep leave out a few digits on post 66 or put the decimal point in the wrong place,,:cool:
Now Gordon stop bringing me down rabbit holes, There is no Wonderland if you slip down one of the many rabbit holes around these parts,
 
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Salvadore said:
There’s also the issue of appeal of a decision of the SCC.

If the defendant appeals to the circuit court and wins, the original complainant could be on the hook for both parties’ costs.
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But not the small claims court costs. The chances of a successful appeal in this case are pretty slim based on what has been posted.
 
I hope we find out how this turns out (and it turns out in the OP's favour) ... would made a great *ahem* Judge Judy episode.
 
People here giving anecdotes about solicitors and barristers being involved in Small Claims Court cases. Does that really happen? For the sake of <= €2k!?! Madness if it does... Isn't one of the key features of the Small Claims process that it avoids the need for legal representation?

Small claims procedure

The small claims procedure provides an inexpensive, fast and easy way for consumers to resolve disputes without a solicitor. Find out how the procedure operates.
www.citizensinformation.ie www.citizensinformation.ie
 
ClubMan said:
People here giving anecdotes about solicitors and barristers being involved in Small Claims Court cases. Does that really happen? For the sake of <= €2k!?! Madness if it does... Isn't one of the key features of the Small Claims process that it avoids the need for legal representation?

Small claims procedure

The small claims procedure provides an inexpensive, fast and easy way for consumers to resolve disputes without a solicitor. Find out how the procedure operates.
www.citizensinformation.ie www.citizensinformation.ie
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If you sue a company, it has to be represented by a lawyer. The company can't represent itself, as it is not a 'natural person'. And the Director or owner can't represent the company as they are (typically) not a lawyer.
 
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