ComReg, Consumer Connect, Small Claims Court – Whats the point?
The Smart Saga continues. I rang ComReg again yesterday because in my stupidity I never canceled the direct debit order from Smart. Silly me thinking I wouldn’t be charged for a Service I didn’t order. Anyway they took around €60 from my account. So I rang ComReg to see what the story was and they said they only mediate and can’t deal with money or broadband (In fact broadband is unregulated in Ireland!!!).
So anyway I ring the Consumer Agency and they said they also have no power and if i want to try and get my money back (should Smart refuse to refund me) I would have to go to small claims court. But as Smart are in Dublin that means I have to go to Dublin for small claims court.
So lets do the math….
Owed €60
Small Claims €15
Train to Dublin €55
So even if I win I will be down €10 and will have wasted a day.
I asked them what about getting some money for the time and effort and lack of broadband etc. and they said i will have to go to court for that. Which means hiring a solicitor…… yeah right.
So I guess I am boned and just have to grin and bear it. I was thinking of starting a website to highlight this for people and make them aware of their rights (or lack of them). Anybody think this is a good idea.
I’d suggest asking for advice on the Ireland Offline forums on boards.ie.
You don’t have to go to Dublin for small claims I thought? File it locally? If you did have to go I think you can include expenses. Why not submit your claim as Gaelige? If Smart don’t show, you win.
Send me an email for some advice, I might be able to help.
Damien.
Oh and BTW, the Consumers Association are paid money by ComReg to attend some of their “consumer” presentations. Think the CAI are unbiased towards ComReg? My arse.
You may discover that since it’s a direct debit – you are covered under what’s called the Direct Debit Guarantee. This is an effort by the banks to try and convince people that direct debit is ‘safe’ by suggesting that if money is taken from your account in error via direct debit, and it cannot be returned any other way, the bank will return the money (my definition – IANAL nor a banker.)
It’s certainly worth requesting that SMART return the money – and inform your bank immediately that you are trying to recover this money taken in error. If SMART don’t pay up in a reasonable time, request that it be refunded under the direct debit guarantee.
If the bank don’t refund it – I can only suggest that you move your bank account elsewhere. Financial institutions in Ireland appear to think they can get away without providing any meaningful service in this country and I can only approve any action that demonstrates to them that this is not a satisfactory state of affairs.
Best regards,
–>Gar
Thanks Justin, I wasn’t aware of that board. Looking at it it seems I’m not the only one getting pushed around by the Telcos. Might post there to see if anybody has any suggestions.
For anyone else who might be wondering you can find the board here
Damien you have to go to court wherever the contract was signed. And as Smart are based in Dublin and I posted them the contract that means the claim has to be made in Dublin. At least that is what I was told when I rang Consumer Connect. Although looking at their website it looks like I might be able to make a claim on-line. However that will only be for the money they took from my account and not anything for the 5 months I have been without broadband or a phone line.
Does anybody know if I submit to small claims court on-line will I still have to go to Dublin?
And Gareth thanks for that. I’ll give my bank a ring and let ye know how I got on. I have already asked ComReg to ask Smart to refund the money. I’d ask Smart myself but i don’t have 2 hours to wait for their Customer Care people to answer the phone.
My man…………..I think you have way to much time on your hands.Get a life …………………