Anyone know the law??

Shewhomustbe...

Anyone know if there is anything in the law protecting you if you should make a phone call to someone and instead of having a civilised conversation all they do is scream obscenities at you?

I rang my neighbours house to ask them to turn their music down. (I rent a semi and what with the fantastic building construction of late its not the most quiet) On this particular occasion it was the second night running that we got to enjoy their music choice. Now we tolerate the thumping of the bass through the wall for hours on end but this was one of those times that we get to hear the words too, this is obviously so we can join the party!

I got their number from the phone book (we'd been delivered their post by mistake and I'd remembered the woman's name)
I wasn't going to call to the door because it was bucketing down.
So I ring and I'm guessing one of their son's answers.
I have to raise my voice to be heard and I ask if there are any adults in the house.
I'm told to hang on.
Next the patriarch gets on the phone.
He keeps saying hello, so do I (the music was REALLY loud)
He asks who this is and I tell him its next door ringing to get the music turned down.
He asks which side.
Now I'm getting more annoyed because he can't hear me properly and I'm having to literally shout,ok really shout, to be heard (and like the other side would have a problem?!)
I tell him its the house attached to his having to listen to the music again.

What happened next shocked the life out of me.

He started screaming at me that he wasn't going to be told what to do by some 24 or 25 year old sh*t. He had to listen when we had parties (loser admission, we don't have parties) and I told him so.
Me speaking didn't make much difference as all he kept doing was calling me a sh*t and wanting to know what I was doing calling his home that I should be at their door instead (I tried to point out the weather conditions)
He called me an a**hole and hung up.
The phone call lasted about two/three minutes.

I went into shock and started crying because I've never experienced something like that, unless in an arguement with siblings!!

Anyway, the wife finally caught up with me yesterday and asked if I'd rang their house.
Told her yes. She said Francois (he's French!) had called in to apologise but her priority, which I'm sure was his was how did I get their number and who did I think I was calling their private residence.
I told from the phone book.
She told me not to do so again and that if I had a problem with their music to call to the door, regardless of the weather, as they are 'reasonable' people.

Now I was under the impression that once you put your name,address and number in the phone book it was then in the public domain and all bets are off.

Just wondering if because of what he did I can sh*t her up with the threat of legal action.
(I'm closing on my own home at the moment and would like to use this time to f**k with them)
Oh and just to state these are adults in the late 30's/early 40's

uberwolf

No I don't know the law.
But I don't think there's much you can do about a phone call you made... However if it were a long term problem then his response would be relevant - seeing as its not going to be the case(you moving out- fingers crossed) you might just put it down to experience and a bad response to being called by a "stranger" with a 6th sense about phone numbers (and/or being able to operate a phone book, whichever).

Agent Smith

looks like you havent got a leg to stand on regarding the phone call,

but afaik if it is a pursistent annoyance then talk to the local garda station and make a note of all disturbances.....


it can result it your favour.

IronMan

Unless he was to make defamatory statements about you to someone else (and not his spouse) then you don't have a case for slander. If he was to threaten or intimidate you in person then you could contact the Gardai (but with the unsolved murders etc, they wouldnt exactly make it their priority).

However under the Noise Pollution Act 1992 you may have a case.
While the law does not specifically mention an exact level or standard of noise that is illegal, it is clear that if neighbourhood noise is affecting the quality of life of a citizen, then you have a right to complain. Your local council, corpo has the power to investigate complaints about neighbourhood noise and also has specialist equipment that measures levels of sound. As you tried to be reasonable with him, you may have a case, and can bring it to the district court. A solicitor is not needed technically.
As for the intimidation, you wouldnt appear to have much of a case, especially if he attempted to apologise, and it was a once off. The best thing would be, to try and come to some civil agreement.
As for the quality of sound proofing, and general quality of workmanship in estates these days, now that is something the goverement would want to investigate and enact legislation for, blood disgraceful when you can hear your neighbour taking a ****.

Shewhomustbe...

Thanks Ironman.
I didn't think I had anything regarding the phonecall, just wanted to put the sh*its up him.
You are absolutely right about the soundproofing. No-one seems to give a f**k. Wonder if thats why everyones going crazy??

ferdi

ferdi's 5 step guide to revenge:

1)get a paper bag

2)put dog shi't in it

3)put it on his doorstep

4)light the bag on fire

5)run away

rs

If the music is too loud, call the local garda station. I've done this once or twice when parties in my estate have gotten a bit out of hand.

Now I'm more than happy to let people have a party, but if it's 4am on a week night and I have to get up at 6:30 for work and they have music blaring and all the doors and windows open, that's a bit much.

On both occasions, the gards have been very polite on the phone, they have gone to the house and all went quiet within 10 minutes.

It's not something I'd suggest people do all the time, but if someone is really taking the piss, or has behaved as you have described, why not! It's easier and more effective to let the professionals handle it. There are laws that protect you from noise pollution.

If they give you any hassle about calling the gards, threaten to call the gards again. And make it clear that when you tried to speak to them, and look where that got you. So now, you will simply call the gards if they cause you any problems.

If they were reasonable people, the music would not be too loud in the first place.

If you feel you are wasting garda time, have a look at the tax portion of your next paycheck, and you'll feel a lot better about it.

Hobbes

Also when you ring the police, open your windows and stand right beside the wall where the noise is coming from.

ToxicPaddy

I know of someone who was so fed up with the constant thumping of loud music
from the house next door, after about 10 occassions of calling the gardai and the
threat of legal action failing to stop the constant stream of noise that one night he
knocked at the door with 2 of his mates when the door was answered, he barged
right past the person who opened the door, and with the hurley in his hand,
smashed the stereo the music was coming from to bits and then kicked what was left
around the room..

When the person who owned the stereo was able to speak after the initial shock,
the guy with the hurley turned to him and said that with the next peep of noise
this hurley would be used on him..

After that there was no more music and the guys next door who were making all the
noise moved out within a few weeks..

This is NOT an option that I would recommend but thats the lenghts that noise
can drive someone to.

My advice would be to make note of everytime you hear music after 10pm onwards.
Make sure to call the gardai and make note of you were talking to, what time you
called and if there was any response. Also make any note of contact you have with
your neighbours and what they say.. try and have a witness with you, as in call
someone else from the house out if you see them.

If you are living their on your own, I wouldnt advise calling in next door on your own
as if that guys reaction to you on the phone is anything to go by, he has a violent
streak and things could get nasty.

Like you said, you want to pester them as much as possible before you move, but
be careful as this could backfire especially if they start getting nasty and the end
result could be property damage with you having to fork out money to your landlord
to pay for it...

Ronaldo7

dont let that **** bother you. Call the police immediately. Just call them and let them deal with it.

BTW: I cant believe you cried...seriously.

Agent Smith

Originally posted by ferdi
ferdi's 5 step guide to revenge:

1)get a paper bag

2)put dog shi't in it

3)put it on his doorstep

4)light the bag on fire

5)run away

jesus man my dad just said he did that like 40 years ago, get to the times

Kell

Mnn the gardai might have come to the rescue in the past, but not anymore methinks. Its a matter for local council in relation to constant noise. What you do is send a letter to the offender telling them you are taking them to the local courts to have the matter addressed, two weeks prior to taking action (daft but mandatory).

I know, as our neighbour was having a house built on the grounds of his parents house. Work commenced at 7 most mornings and some construction work continued until after midnight for six months. Repeated calls to the cops got us "sorry. Nothing we can do. Matter for council."

In relation to party noise, all they can do is "ask" the offender to turn down the noise. The offender does not have to keep the noise down after the cops have left.

Its all a grey area unfortunately. Check out any government issued publication on the web and you will find no "SPECIFIC" information about anything really.

K-

hedgetrimmer

There is a noise pollution crowd affiliated to the Department of Environment and the Department of Justice that handle complaints just like this - in fact they have procedures for neighbours and music! Details will be in the phonebook.

Blue Rose

Originally posted by Ronaldo7
dont let that **** bother you. Call the police immediately. Just call them and let them deal with it.

BTW: I cant believe you cried...seriously.

I can totally understand why they cried. It's the shock of it really. The late hour, frustration and the nasty manner of the neighbor.

Victor

Originally posted by Kell
In relation to party noise, all they can do is "ask" the offender to turn down the noise. The offender does not have to keep the noise down after the cops have left.

I concur, it's a civil matter and the Garda can only intervene if the behavior is in public (essentially not within one premises). They can intervene if it is on the public road or in common areas of an apartment building.

Also, if the neighbours are renting, their landlord is responsible to you.

I would suggest you not do anything stupid that might jeopardise the sale of your existing property.

ferdi

Originally posted by agent smith
jesus man my dad just said he did that like 40 years ago, get to the times

your father is obviously a man of good class and intelligence. this prank is a timeless classic.

TwoShedsJackson

Originally posted by rs
If the music is too loud, call the local garda station. I've done this once or twice when parties in my estate have gotten a bit out of hand.

Now I'm more than happy to let people have a party, but if it's 4am on a week night and I have to get up at 6:30 for work and they have music blaring and all the doors and windows open, that's a bit much.

On both occasions, the gards have been very polite on the phone, they have gone to the house and all went quiet within 10 minutes.

It's not something I'd suggest people do all the time, but if someone is really taking the piss, or has behaved as you have described, why not! It's easier and more effective to let the professionals handle it. There are laws that protect you from noise pollution.

This is exactly what you should have done. Ring the cops first, that's what they're there for. When I lived in Ranelagh in a block of flats, the guys above me would come in every other weekend or so from clubbing at about 4.30 a.m. On would go the crappy techno with the bass at 11.

I let it go a couple of times, live and let live and all that, then the next time they did it, rang the cops, gave them their address. Ten minutes later I hear their intercom buzzing, music goes off, doesn't go on again.

I moved out a year later and never heard another slammin' beat from that apartment

K2

Sad to say but from personal experience the cops can do nothing more than know on the door and ask that the noise be kept down. If you want to take legal action, its a civil matter and you may / may not win. I researched this option myself about four years ago and some judges would issue fairly strict conditions for the guilty to abid by, eg no tv on stereos on between the hours of 10pm to 8am and some would simply issue a small fine. Unlike the UK where they view this as a serious urban problem.

The only other option is to take matters into your own hands. Not recommeded but sometimes you can feel backed into a corner with no other options. If you are moving soon then forget it, just leave a week between you moving and the buyers moving in and leave some radios on 24/7.:D

Shewhomustbe...

Thanks so much to everyone who replied.
Luckily its been all quiet (knock on wood)
I've decided I'm not going to bother doing anything but hope and pray the next tenants are loud, annoying and UNREASONABLE.

(Ferdi, I liked your method of revenge but unfortunately I don't have a dog!!)

Originally posted by Ronaldo7
BTW: I cant believe you cried...seriously. [/B]

Yes I bloody cried, as Blue Rose kindly pointed out I was completely shocked by his response. I forgot for one minute that not everyone out there was brought up with manners.

Anyway I'm not going to allow them to p**s me off and I'll take all of your advice and call the police.

My significant other is a drummer so as a farewell gift we are going to treat them to a taste of their own medicine