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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5004
Experience:  Solicitor
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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: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Did you insure the goods please?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I've not insured them before.
Expert:  Jamie-Law replied 1 year ago.

What is your number and we can have a chat?

Customer: replied 1 year ago.
00353894776623
Expert:  Jamie-Law replied 1 year ago.

Thanks.

Customer: replied 1 year 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 1 year ago.

Thanks

Expert:  Jamie-Law replied 1 year ago.

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

Expert:  Jamie-Law replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
how much is the court fee like?
Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Any idea how much the court fees will cost please?
Expert:  Jamie-Law replied 1 year 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 1 year 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 1 year 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 1 year ago.

Sure.

Customer: replied 12 months ago.
As this goods worth more than €10,000, do you think going for small claim will be accepted?
Expert:  Jamie-Law replied 12 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 12 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 12 months ago.

No. This is a question and answer site.

Customer: replied 12 months ago.
would you like to give any advise of getting a best lawyer for this matter please?
Expert:  Jamie-Law replied 12 months ago.

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

Customer: replied 12 months ago.
OK that find
Customer: replied 12 months ago.
I've another matter in a medical issue.
Expert:  Jamie-Law replied 12 months ago.

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

Customer: replied 11 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 11 months ago.

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