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JimLawyer
JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 8284
Experience:  Senior Associate Solicitor
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I have hired a skip and the driver delivering the skip has

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I have hired a skip and the driver delivering the skip has placed it clumsily on my driveway, scraping the cobble-lock surface... what are my rights?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, nothing as yet
JA: Where is the property located?
Customer: South county Dublin
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of - just want to know if it's worth going to small claims court...

Hello, my name is ***** ***** I am a qualified lawyer (UK and ROI) and happy to help you today.

Is the cost of repairs 2000 euro or less?

Customer: replied 6 months ago.
Hi Jim, i would have thought so.

Thanks, ***** ***** you have photographs. I would also see if you can obtain an estimate of repairs as how much you recover depends on that estimate.

Your rights have been breached under the Sale of Goods and Supply of Services Act 1980. The service has to be carried out with proper care and diligence otherwise you can demand your money back. You should write to the skip company and tell them this and that you want your money back in 14 days otherwise you will sue.

You can use the Court Service Online website to start a claim against the seller.

The fee to start the claim is 25 euro and this is added on to the amount which you paid to the seller for the televisions.

You will need to register as a new user at https://www.csol.ie/ccms/welcome.html

Once you have done that, the Small Claims Registrar serves the court documents upon the defendant. If the defendant disputes the claim then the Registrar sends you a copy of the response.

The Registrar will try to resolve the claim for you both - if it does not resolve then the Registrar will pass the claim to the nearest District Court (yours is at Four Courts, Smithfields, Dublin) where in most cases the dispute is decided on paper but the judge may decide to list a hearing in case the papers do not enable them to make a decision.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 6 months ago.
I assume that I should request that the skip be removed, without filling it...

Yes, they have already damaged the property. I wouldn't tell them about suing them just yet. Just get it off the property and then pursue them.

They may try to fob you off so I would say you don't need their services any more and to kindly remove their skip from the property. If you did fill it who is to know they wouldn't cause more damage.

Customer: replied 6 months ago.
OK thanks
Customer: replied 6 months ago.
Actually, one final question... Should I seek refund and damages in a single action or seek a refund and then seek damages..?

It depends what your actual loss is. You can only recover the amount which has been damaged (your property). The law aims to put you back in the same position you would have been in had the company not been negligent

So you claim the amount you paid them for their "service" and also the amount of damage they caused.

Customer: replied 6 months ago.
OK but claim both via the court service? It's just that I need 1. Cost of service refunded and 2. Cost of fixing the driveway. So should I (a) write to them seeking cost of service plus cost of reparation within 14days or I'll sue or (b) write to them advising them that I am suing or (c) just sue..

The way forwards would be to tell them you need the cost of the service and cost of repairs paying to you within 14 days - otherwise you will start the claim. You should give them 14 days to both refund you and pay for the repairs (the court will want to know you have done this instead of just launching a court action)

Customer: replied 6 months ago.
OK perfect thanks.

If they want to avoid court action then they will pay you for the service and also any consequential loss. They may try to fob you off like I say and just offer to refund the service - but don't let that put you off. The small claim is easy enough to do without a lawyer (and you can come back here for further guidance)

Customer: replied 6 months ago.
Excellent thanks

No problem - the consumer law is there to protect you from this sort of issue - the district courts are not very sympathetic to traders from my experience.

Customer: replied 6 months ago.
Really sorry Jim but I've just done a search on the company, as stated in their T&Cs and the CRO says the company is liquidated - I'm trying to establish where I write the letter to. The parent company is clearly well established (they provide domestic refuse services to me!)... Should I address it to them..?

Yes, send to the parent company. you would still sue a company in liquidation (but not dissolved) - but if there is a parent company then ultimately your claim would be against them

Customer: replied 6 months ago.
OK great-thanks again!