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Council demands levy payment

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  • Waterfordlad
    replied
    That is often the case JCC

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  • Miguel Sanchez
    replied
    I suppose it all depends on who's found to be in the right.

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  • 99_oK?
    replied
    Originally posted by John Cooper Clarke View Post
    Au contraire. I can see some solicitors badly exposeed on this. Perhaps.
    But it's the CC who seem to be exposed seeing that they furnished said solicitors with receipts for the levies now being demanded. You ever have to produce evidence in court? A receipt trumps most documents, especially as it has come from the CC.

    I can see someone in the CC being left with a very red face. What's the odds s/he will get a promotion? Maybe even an enhanced pension pot - after all there is previous is that area in the service of this state (Neary getting a nice little bonus for being asleep on the job....).

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  • Miguel Sanchez
    replied
    Au contraire. I can see some solicitors badly exposeed on this. Perhaps.

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  • 99_oK?
    replied
    Originally posted by John Cooper Clarke View Post
    If I bought a house and the Co. Co. came looking to me for the development levy I'd be having a quiet word with my Solicitor.
    Maybe you missed my posting of the swipe the CC took at the conveyancing solicitors - from WCC: "it is normal practice when purchasing a house to hire professionals to check if there are any obligations pertaining to the property concerned. During such a process, these debts would be flagged at the time of the purchase".

    Of course some of the solicitors have come out firing and basically have said that the CC had issued receipts to the effect that all levies had been paid. Sounds like CC are either know something that nobody else does* (v. good legal team), or are chancing their arm (have no or useless legal team); either way looks like it's going to be a long process in the courts. Can see the lawyers making most of the dosh here.

    -------------------------------------------------------

    * If the legal system has changed to such that the CC (or whoever...) can now go after a third party for someone's else's debt (real or imagined). This is a whole new ball-game and would put the CCs in the league of basically being able to print their own banknotes - at our expense...!

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  • Miguel Sanchez
    replied
    If I bought a house and the Co. Co. came looking to me for the development levy I'd be having a quiet word with my Solicitor.

    Leave a comment:


  • Stanley
    replied
    Originally posted by Waterfordlad View Post
    Agreed 99. It'll have huge impact across the whole country if they get away with it


    As if proof was needed politicians look after themselves, have a feeling Gormley would not have allowed this.

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  • Waterfordlad
    replied
    Agreed 99. It'll have huge impact across the whole country if they get away with it

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  • 99_oK?
    replied
    Originally posted by Waterfordlad View Post
    All part of the wonderful legacy of Dick Roche, his FF cohorts, and his lovely wife. Wicklow Co Co is in dire straits and scrambling to find the money anywhere
    Looks like somebody in Wickla CC royally f*d up in allowing the wind-down of the bulider as there was a dispute of €2k (they had bonded €61k, council wanted 2k more...). The amount demanded (with menaces it seems....) amounts to the whole €63k. Solicitors for some of the householders on radio today saying CC is out on a limb here. All pointing to more egg on the Council's platter. This would seem to be un-enforceable, but most likely to go to court it now seems. Their claim that the buyers should have sought legal advice prior to purchase wasn't taken too well by the solicitor interviewed - seems they had receipts for the levies to go with the deeds.

    If CC can issue new levies and on the owners (not developers...), then it is a new watershed in how they can pursue levies. This is a test case. Would be akin to opening the floodgates, but I can't see it happening. Some of these are 2nd or 3rd owners and all the paperwork seems to be in order. Unless there has been a change in the law - which is what is being discussed in the thread I posted a link to......

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  • Waterfordlad
    replied
    All part of the wonderful legacy of Dick Roche, his FF cohorts, and his lovely wife. Wicklow Co Co is in dire straits and scrambling to find the money anywhere

    Leave a comment:


  • 99_oK?
    started a topic Council demands levy payment

    Council demands levy payment

    Wicklow Co. Council has now demanded that development levies in dispute with the developer (now out of the business) (was in SBP, for which I don't subscribe online...).

    The council now says it can demand the money from an owner, occupier or anyone connected with the property (occupier or developer). The 24 properties had their levies paid according to the deeds (solicitors verified receipts for same in handling the sales), so it looks like the council is taking a gamble that these people will not take this to the courts. There are a further 30 properties on the estate.

    If Wickla Council's gambit does succeed then every house in the land is open to any future charge that your council might deem it can make stick. I'd beware of this one; it would set a precedent. But then so did Deutchland's making the little people of Ireland pay for failed bonds by various private institutions.......

    Here's a link http://www.politics.ie/forum/current...nt-levies.html
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