# Can I take someone (gutter guy) to small claims court without an address?



## ice (31 Aug 2008)

Hi

We had a guy in do to our gutters. Paid him 800 (cheque) and 3 weeks later they are a disaster....leaks everywhere and some are overflowing.
Have called him on 15 occasions and he either promises he'll be there in the morning   or he hangs up on me.

I don't have his address...just a flyer with his mobile and home telephone number. The flyer says Newbridge, Kildare.

Can I take him to the small claims court if I don't know his address?


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## Ravima (31 Aug 2008)

*Re: Can I take someone to small claims court without and address?*

no - how can you serve any documents on him?


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## nuac (31 Aug 2008)

*Re: Can I take someone to small claims court without and address?*

You paid €800 to someone whose address you did not have!!!

1.  Did you get the reg number of his vehicle?

2.  Make some enquiries around Newbridge 

3.  Leave a text message on his mobile that you will apply for a court order to allow the proceedings to be served by a press advertisement in the local paper at his expense unless he supllies an address for service, or nominates a solicitor to accept service.   Talk to the District Court Clerk or your solicitor about those options


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## newirishman (31 Aug 2008)

*Re: Can I take someone to small claims court without and address?*

You can try to get the address from the mobile phone company


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## LouthLass (31 Aug 2008)

*Re: Can I take someone to small claims court without an address?*

If you have his home phone number it may be possible he is in the landline phone book which would detail his full address also so it may be worth checking out. I would also approach the District court for advice as they may be able to provide you with some useful information regarding the Small Claims procedure (see also www.Courts.ie for details on the Small Claims process). It may also be possible to ask for a Sheriff's search (approx €20) to see if he has any previous court orders against him in the area you live in or his area (Kildare). Although saying that, I have seen a court order against a named individual that went to the Sheriff for collection with very limited information and they investigated further and managed to obtain other information in order to locate the individual. Did he have a Ltd co name on his leaflet? If he did then either the Sheriff's office or yourself would be able to obtain the registered address from the Companies Registration Office. Did you try to Google him either? It may surprise you as to what information you may obtain


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## jhegarty (31 Aug 2008)

*Re: Can I take someone to small claims court without an address?*

any chance he is registered with the cro ? (not a chance , but try anyway)


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## ice (1 Sep 2008)

*Re: Can I take someone to small claims court without and address?*



nuac said:


> You paid €800 to someone whose address you did not have!!!


 
I know what was I thinking! He seemed like a nice man and we trusted him...won't make that mistake again.
Nothing on google...thanks for the other advice.
My other half wants to leave it as he feels this guy might be vendictive (had one seriously dodgy guy working for him) and its not worth the hassle incase he did anything to retaliate
I just hate the injustice of it all...
Would you pursue it or just chalk it up to experience ???


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## ubiquitous (1 Sep 2008)

*Re: Can I take someone to small claims court without an address?*

In my opinion (and experience) Small Claims Court is worse than useless if you are chasing anyone other than a highly reputable established business. The process is simply too cumbersome and slow to bother anyone who isn't particularly worried about the consequences of bad publicity. 

Even though the Small Claims Court gets a lot of praise in media, I honestly think its a waste of time in most situations.


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## ClubMan (1 Sep 2008)

*Re: Can I take someone to small claims court without an address?*

Unless I'm mistaken you took your claim(s?) years ago when the system might have been only initially up and running and perhaps experiencing some teething problems? If that's the case then perhaps it's more streamlined these days?


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## ubiquitous (1 Sep 2008)

*Re: Can I take someone to small claims court without an address?*



ClubMan said:


> Unless I'm mistaken you took your claim(s?) years ago when the system might have been only initially up and running and perhaps experiencing some teething problems? If that's the case then perhaps it's more streamlined these days?



My experience was around 7-8 years ago. The Small Claims Court was not new at the time, far from it.

I have not read in the meantime of any changes to either the Small Claims Court procedure or the sheriff/bailiff collection/enforcement system. Until and unless I do, I think it is wise to highlight the deficiencies of the system in order that people do not have unrealistic expectations.


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## ice (1 Sep 2008)

*Re: Can I take someone to small claims court without an address?*



ubiquitous said:


> My experience was around 7-8 years ago. The Small Claims Court was not new at the time, far from it.
> 
> I have not read in the meantime of any changes to either the Small Claims Court procedure or the sheriff/bailiff collection/enforcement system. Until and unless I do, I think it is wise to highlight the deficiencies of the system in order that people do not have unrealistic expectations.


 
I hear what you are saying and that would be even worse!  To go to all the time and effort to chase this guy and for it to come to nothing...think we will put it down to a lesson learned and warn everyone I know off using his services!


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## ajapale (2 Sep 2008)

*Re: Can I take someone to small claims court without an address?*

Moved from Askaboutlaw to Consumer Issues and Rights which is where consumer rights and the small claims court is discussed.


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## Complainer (6 Sep 2008)

*Re: Can I take someone to small claims court without an address?*

You could try calling him from a different phone and inviting him up to a different house to do a big job, and see what happens.


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## theengineer (6 Sep 2008)

yes, and when he arrives, get his car/van number, his address may be got from that, hopefully it is not a halting site somewhere


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## marianmaid (9 Sep 2008)

I don't know about that, but I know a really good company who could make things right for you, I used gutterman.ie and I must say their work is excellent and there lads are so clean and polite, I would recommend you look them up at [broken link removed]


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## Complainer (9 Sep 2008)

marianmaid said:


> I don't know about that, but I know a really good company who could make things right for you, I used gutterman.ie and I must say their work is excellent and there lads are so clean and polite, I would recommend you look them up at [broken link removed]


Hi Marianmaid - Many AAM posters will be a bit cynical about such a glowing recommendation from a first-time poster on AAM.


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## Simeon (10 Sep 2008)

And so say all of us! Complainer I think you've got the right idea there. I think I know the guys involved .... as regards getting them back to redress the issue, forget it. Small claims court? A waste of time in this instance. The OP should put it down to experience. Sad but true.


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## Graham_07 (10 Sep 2008)

marianmaid said:


> I don't know about that, but I know a really good company who could make things right for you, I used gutterman.ie and I must say their work is excellent and there lads are so clean and polite, I would recommend you look them up at [broken link removed]


 
Following what Complainer said, it's also AAM policy to state if one has any connections with companies one is recommending.


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