Richard Bruton (Dublin North Central, Fine Gael)
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Question 159: To ask the Minister for Justice, Equality and Law Reform if there are service sectors excluded from the remit of the Small Claims Court; if the rules operating in the Small Claims Court need to modify in respect of not handling the recovery of overpaid subscriptions in that a common source of complaint can be the failure of the service providers to properly terminate direct debit arrangements when instructions are made by customers; when it is proposed to increase the threshold for the Small Claims Court to the level promised in the consumer strategy; and if he will make a statement on the matter. [16891/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Small Claims procedure is an alternative method of dealing with a civil proceeding in respect of a small claim and is provided for under the District Court (Small Claims Procedure) Rules, 1997 and 1999. It is a service provided in local District Court Offices and is designed to handle consumer claims cheaply without involving a solicitor.

In the small claims court, the following claims can be dealt with:

A claim in respect of goods or services bought for private use from someone selling them in the course of a business (consumer claims);

A claim in respect of minor damage to property (but excluding personal injuries) or

A claim in respect of the non-return of a rent deposit, provided that a claim does not exceed €2,000.

The terms of an agreement between a service provider and a customer would be a factor in determining whether or not the circumstances described by the Deputy would come within the scope of the Small Claims procedure.

The Small Claims limit was increased from €1,269.74 to €2,000 with effect from 7th February 2006 (S.I. No. 4 of 2006). The rules governing the procedure, including the question of increasing the limit further, are being kept under review in my Department.