Small Claims Court

[pinkladyapples]

Hi, I'm thinking of taking a case against a mobile telecom provider, I think I have a case (i.e. overcharging), but wondered if I do so, could this company take me to a higher court that would be obvious financial disaster for me? Also the phone bill is paid my company as an expense, does my company make the claim or do I as an individual?

 

[Gerry Canning]

1.You need to write to provider and clearly explain where you see the problem and ask them to remedy it.
2. If their response(s) are not good enough , you can proceed.
3.You paid the charges ,not your company , so you claim..
4. You need to provide Small Claims Court clarity over charges/contract etc, that you hold, versus what you were charged.
5. Keep everything in writing.Keep copies.

 

[pinkladyapples]

Many thanks Gerry, but to my original question, can the telecom company take me to a higher court to defend itself? Also when I talk to the telecom company should I outline my legal argument as I see it or am I showing them my hand?

 

[thedaddyman]

Yes they can to answer your question, they can take it to the Circuit Court. See below for more details.

http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

 

[Páid]

I cannot imagine them pursuing you for a small amount of money. How much is it for?

 

[Gerry Canning]

ipink..

You don,t show your hand by explaining the (error) as you see it and asking them to sort /explain.
You should rarely try to explain in legal argument terms (you are neither judge nor lawyer),just give the facts, let teleco or small claims decide the (legality etc.).
Should they lose in Small Claims Court they can appeal BUT its on their cost NOT yours.
In erssence , for a few bob to go th Small Claims you get closure..

 

[pinkladyapples]

Hi Paid, its is for approx €500.

Thanks again Gerry, I suppose in the unlikely event of tbe Circuit Court, could I bow out or would I be committed?

 

[Gerry Canning]

@500 =just made for small claims court.

If you lose, all you lose is the small claims court fee.

If you win, Mr Telco paysup/sorts out or has to deal with Small claims pursuing the Telco for your award.

If Mr Telco appeals , Me Telco is appealing against Mr Claims Court NOT you ! so you can safely and at no cost leave them at it.

 

[pinkladyapples]

Many thanks Gerry, watch this space.

 

[Branz]

OP
what exactly is happening here when you say this.

Also the phone bill is paid my company as an expense, does my company make the claim or do I as an individual?

The other points are
make sure you lodge the claim in the right court and
make sure you have the right full legal name of the company and its registered address,
any of these will stop the claim being processed.

 

[pinkladyapples]

Many thanks Branz. However was talking to consumer protection agency, they felt that Small Claims are not into cases regarding contractual arguments, which tbh is the main plank of my case, also the Telco company has offered to give me a €127 credit against my €500, not sure if I should cut and run!