A sheet steel company has resolved a case with a customer who claimed they were sold defective roofing and are demanding a refund.
The case of Mr Brendan Carey v Ballyfarnon company Gusclad Ltd. was heard before Judge Sandra Murphy of Carrick-on-Shannon Small Claims Court on Friday, June 23.
Judge Murphy recalled that she had been told at previous court hearings in March and April that Mr Carey had bought roofs from Gusclad Ltd which were guaranteed for 10 years but he claimed they had deteriorated within 18 months.
It was checked and the company made Mr Carey an offer to exchange the materials, but with no refund. Mr Carey then applied to the Small Claims Court for a refund of €1,150.
The judge said it would cost Mr Carey more money to remove the paneling and that the case should have gone to the county’s civil court rather than the small claims court because of the value of the goods.
At the final court hearing on May 26, Gusclad Ltd were told to “do their best to recover Brendan Carey’s costs” rather than turning to the civil court, where jurisdiction is €15,000 and Mr Carey’s services in would require an attorney, Judge Murphy said.
Judge Sandra Murphy.
She found that Mr Carey represented himself, which was the crux of the Small Claims Court (no attorneys’ fees), and also found that Gusclad Ltd had engaged the services of solicitor Ms Carol McCormack.
Ms McCormack told Judge Murphy that on Friday June 23 her client had two options for Mr Carey: the first was an offer of €2,000 to pay him immediately that day, while the other offer was to remove the faulty fairing and replace it within a period of three months.
“Based on my past experience, I do not accept material from Gusclad Ltd,” Mr Carey told the judge.
“He once told me that there was a 30-year guarantee. They told me today that there is a 25-year guarantee. They just seem to make it up over time,” he added.
“This man was given inferior, unsuitable material for his shed,” Judge Murphy observed, asking Mr Carey if he had an offer to have the material removed.
Mr Carey read out an offer from another company quoting €2,497 to have the defective material removed and replaced with another material, which was merely “labor costs only”.
Judge Murphy said she understood the case was beyond the jurisdiction of the Small Claims Court.
She said Mr Carey was a “very reticent man” who “does not seek anything beyond his standards”. “There is an inequality of arms here in court,” she said, referring to Gusclad Ltd’s use of a lawyer.
Ms McCormack then made Mr Carey an offer of €3,000. Judge Murphy offered to adjourn the case to give Mr. Carey time to consider the offer and suggested that he contact an attorney.
Mr Carey said one of the offers made to him that day was to set a deadline for his roof to be replaced. “I can’t do that,” he said.
Judge Murphy briefly adjourned the case to give both parties time to negotiate.
Some time later that day, both parties returned to court and Ms McCormack confirmed that Judge Murphy had settled the matter and paid a check to Mr Carey.
The judge told Mr Carey that in any case she would adjourn the case to a later date and that if he agreed, he could drop his complaint.
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