How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1739
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I've a dispute with a shipping company agency in Ireland for

Customer Question

I've a dispute with a shipping company agency in Ireland for my goods that has been shipped by them and lost on the transit. I've claimed with them on the 19th of May 2016 but they said they can't proceed on my claim as is not my name on the B/L and that its over 1 year since its happen. But, I've been authorized with them to filled the claim form until 19th of May 2016. I've all the documentation and paper work for this matter where my name is ***** ***** claim of our goods value is €34,000.
I look forward to hearing from you.
Best regards
Mamadou Barry
tel: 00353894776623
email:***@******.***
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello Mamadou my name is ***** ***** I will help you.

Did you insure the goods please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1739
Experience: Solicitor
Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
I've not insured them before.
Expert:  Jamie-Law replied 3 months ago.

What is your number and we can have a chat?

Customer: replied 3 months ago.
00353894776623
Expert:  Jamie-Law replied 3 months ago.

Thanks.

Customer: replied 3 months ago.
This was they replay to me last Friday read it pleaseHi Mamadou,
I finally received a response from Grimladi Lines today as follows:
The claimant was not the shipper not the receiver on the b/l; which means that we cannot accept his claim; furthermore, more than 1 year elapsed since the estimated time of arrival; therefore, accordingly to the Hague Visby Rules as provided by our b/l, the claim is now time barred.
Best regards,
Niall Stacey
Financial Controller
Contact Tel: + 353 (1)2930039
Ocean & General Maritime Agencies Ltd
As agents only,
Grimaldi Group Naples
"All business is quoted for and carried out under IIFA standard trading conditions, copies available on request"
http://www.iifa.ie/downloads/Standard%20Trading%20Conditions.pdfthank you
Expert:  Jamie-Law replied 3 months ago.

Thanks

Expert:  Jamie-Law replied 3 months ago.

http://www.courtsni.gov.uk/en-GB/pages/default.aspx

Expert:  Jamie-Law replied 3 months ago.

http://www.courtsni.gov.uk/en-GB/Publications/UsefulInformationLeaflets/Documents/personal-litigant-guide/Personal%20Litigants%20Guide.pdf

Customer: replied 3 months ago.
What I've to do with this guide of 44 pages? Are there a form I can fill out please?
Expert:  Jamie-Law replied 3 months ago.

http://www.courts.ie/home.nsf/lookuppagelink/home

If you want to limit your claim to a small claim:

http://courts.ie/Courts.ie/Library3.nsf/0/50A0FEDF19079201802574050061745F?OpenDocument

Does that clarify?

Customer: replied 3 months ago.
Did you mean if I understand little on making a small claim because of my circumstance, I can't afford to hire a barrister for the Higher claim? what is the advantage of making small claim vs Higher claim?
Expert:  Jamie-Law replied 3 months ago.

Small claim means costs are limited. Its an informal process where you just go before a Judge and dont risk costs if you lose.

Customer: replied 3 months ago.
would you like to advised me to go in the small claim?
I can get a power of attorney from the consignee to conduct the case, that authorizing me to claim on behalf of him. Also Could we Also, what we must first of all establish is whether they can be sued in the Republic of Ireland or whether we must sue them in the country in which they are based??
Customer: replied 3 months ago.
For the case I'll make the small claim. Will I have to pay court fees? And, Will I have to pay the costs of the case? For both situations win or not the case? I'll expect to have the attorney from the Consignee.
Please find attached the trailer picture + the packing list. I have also attached to you the claim form called subrogation_form, that I've filled and sent to them since the 19th of May 2016 which they refused to accepted.
Customer: replied 3 months ago.
would you like to advised me to go in the small claim?
I can get a power of attorney from the consignee to conduct the case, that authorizing me to claim on behalf of him. Also Could we Also, what we must first of all establish is whether they can be sued in the Republic of Ireland or whether we must sue them in the country in which they are based??
Customer: replied 3 months ago.
For the case I'll make the small claim. Will I have to pay court fees? And, Will I have to pay the costs of the case? For both situations win or not the case? I'll expect to have the attorney from the Consignee.
Please find attached the trailer picture + the packing list. I have also attached to you the claim form called subrogation_form, that I've filled and sent to them since the 19th of May 2016 which they refused to accepted.
trailer2.jpg
Packing List-trailer.doc
subrogation form.doc
Expert:  Jamie-Law replied 3 months ago.

Yes you should consider a small claim and yes there are Court fees to pay.

If you lose you just lose those fees.

Customer: replied 3 months ago.
how much is the court fee like?
Customer: replied 3 months ago.
the company ogma.ie to whom I ship the goods from Ireland is a representative of Grimaldi. Now my question is to whom between these two, I have to give details included company registration into the small claim application?
Customer: replied 3 months ago.
NB: Grimaldi is an Italian shipping company and OGMA (Ocean and General Maritime Agency) is an Ireland agency rep for Grimaldi in Ireland.
Customer: replied 3 months ago.
I'm still waiting your response please. The small claim application will be against OGMA as is to them we made the shipping and them to represent Grimaldi in Ireland, Is that will be the right choice? And also could I fill the form as a Represent instead as a claimer. As I can get a power of attorney from the consignee to conduct the case, would I made the application as a represent? Please I need your quick respond so I can decide whether or not I can fill the small claim application.
Expert:  Jamie-Law replied 3 months ago.

Please bear in mind I am attending Court.

If you get permission from the Claimant you can bring it on their behalf.

You need to sue whoever you paid.

Customer: replied 3 months ago.
That find thank you for your responded.
Also, Would you like to clarify for the sentence they have written to me read on quote please "Furthermore, more than 1 year elapsed since the estimated time of arrival; therefore, Accordingly to the Hague Visby Rules as provided by our b/l, the claim is now time barred". Would you like to explain specifically the word time barred they employed?
I look forward to hearing from you again
Customer: replied 3 months ago.
Any idea how much the court fees will cost please?
Expert:  Jamie-Law replied 3 months ago.

You would need to ask the Court, the fees vary depending on the amount.

The claim is NOT time barred. They may have their own exclusion, but under statute of limitations for breach of contract, its not time barred.

Expert:  Jamie-Law replied 3 months ago.

You would need to ask the Court, the fees vary depending on the amount.

The claim is NOT time barred. They may have their own exclusion, but under statute of limitations for breach of contract, its not time barred.

Customer: replied 3 months ago.
I'm waiting to get a power of attorney from the consignee to conduct the case, that authorizing me to claim on behalf of him.
Expert:  Jamie-Law replied 3 months ago.

Sure.

Customer: replied 3 months ago.
As this goods worth more than €10,000, do you think going for small claim will be accepted?
Expert:  Jamie-Law replied 3 months ago.

As I have explained before the limit is 10k.

You either need to claim up to 10k or claim above and pay a lawyer to do this for you.

Customer: replied 3 months ago.
will you my lawyer for this case and fight to win? As the amount the consignee claim is about 34K, I think after I got the power of attorney we've to go to the Higher level for this. What is your advised?
Expert:  Jamie-Law replied 3 months ago.

No. This is a question and answer site.

Customer: replied 3 months ago.
would you like to give any advise of getting a best lawyer for this matter please?
Expert:  Jamie-Law replied 3 months ago.

I cant recommend a lawyer for you sadly, as this is a question and answer site.

Customer: replied 3 months ago.
OK that find
Customer: replied 3 months ago.
I've another matter in a medical issue.
Expert:  Jamie-Law replied 3 months ago.

You will need to post a new question for that please.

Customer: replied 2 months ago.
Hi, do you have any links in Ireland where I can find a best solicitor for this matter please?
Expert:  Jamie-Law replied 2 months ago.

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice