Court may offer cheap solution for minor claims

Sometimes it takes more than assertiveness training to safeguard your rights as a consumer.

Sometimes it takes more than assertiveness training to safeguard your rights as a consumer.

If you have a legitimate problem with a service or goods that you have paid for and your complaints are rejected or ignored, there is an affordable and easy way of getting satisfaction.

The Small Claims Court procedure for resolving consumer disputes handled more than 3,000 cases last year. The biggest category of disputes was holiday packages.

The administration of the Small Claims Court is handled by the Small Claims Court Registrar and the fee for taking a claim is just £6 (€7.62).

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The Court is a special procedure within the District Court structure and is available throughout the State.

It is designed to handle consumer claims up to £1,000 and application forms are available from your local District Court office.

The procedure is meant to be an inexpensive, fast and easy way for consumers to resolve disputes without having to employ a solicitor.

Anyone who has purchased goods or services for private use from someone selling them in the course of business may take a Small Claims Court action.

Claims can be made for faulty goods or for bad workmanship. Claims can also be made for minor damage to property and for the non-return of rent deposits.

Last year the Small Claims Court dealt with 381 claims regarding the withholding of rent deposits.

According to the European Consumer Centre, the Small Claims Court should be used as a last resort. The advice from the centre is to make your complaint in a calm and assertive manner.

If you do not receive a satisfactory response put your complaint in writing to the shop, company or the individual concerned and keep a copy of the letter.

Give them a specific period of time in which to reply and allow them an opportunity to inspect the goods or the poor workmanship you are complaining about. State in your letter that if no satisfactory solution is reached you will have no option but to take a Small Claims Court action.

The procedure will be administered by the Registrar, whose job it is to process small claims and, if possible, reach a satisfactory settlement without a court hearing.

However, if a settlement cannot be reached at that stage, the Registrar will bring the matter before the court.

Of the 3,150 applications made to this Court last year, 1,611 were settled by the Registrar.

The Small Claims Court will deal with claims in relation to any goods or services purchased in which the amount of the claim is no more than £1,000.

Claims in respect of accidents, personal injuries or for recovery of payments under a loan or hire purchase agreement are excluded but claims in respect of goods bought on credit are included.