Consumers invited to lodge complaints online

An online pilot scheme to aid customers getting raw deals was unveiled today by the Courts Service.

With the touch of a button, unhappy shoppers can now make complaints to the Small Claims Court via the net.

The scheme will result in residents across 16 towns having instant access to the legal system without the hassle of attending a court office.

The new system enables complainants to lodge their small claims application online and use a PIN to monitor the progress of the application through the small claims process.

Costing €15 an application, the small claims procedure deals with private claims of up to €2,000 in value.

“This e-court initiative brings about a new level of access to the small claims system regardless of location or distance from a court office, or the time of day or the day of the week,” said PJ Fitzpatrick, Courts Service CEO.

“It opens up possibilities of redress to those who feel wronged in a small commercial transaction.

“It facilitates those who, through busy-ness, transport or mobility challenges, or who cannot easily attend at a court office, to now, without inconvenience, lodge a claim with the minimum of fuss or red tape.”

Last year 2,697 small claims were dealt with by the Courts Service, with 2,114 (78%) settled or decided in favour of the claimant.

From the total, 55% of claims were settled by the registrar without a court hearing, 310 were decreed by default, 303 were not proceeded with and 560 were sent to court for hearing.

Of the 560 cases that went to court 336 were allowed, 76 dismissed and 148 withdrawn or struck out (many had been settled).

Claims can be made for faulty goods, poor-quality services, bad workmanship and minor damage to property, but the system cannot be used by one businessperson against another.

The Small Claims Registrar will forward complaints to the person or party concerned and will negotiate among all parties to try to reach agreement.

If within 15 days of receiving a copy of the complaint the respondent does not reply the claim will be automatically treated as undisputed.

The District Court will then make an order in the complainant's favour (without him or her having to attend court) for the amount claimed and will direct that it be paid within a short specific period of time.

If the Small Claims Registrar is unable to bring about a settlement the case will go before the District Court.

Despite not been officially launched until today, in the past four weeks since going online more than 20% of small claims applications received in the Dublin District Court have been lodged using the new online method.

Pilot offices are also based in Swords, Dun Laoghaire, Bray, Carlow, Cavan, Clonakilty, Cork, Killarney, Limerick, Listowel, Mallow, Tralee, Trim, Wexford and Castlebar.

The scheme is expected to be running all over the country by the end of April 2007.