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Seeking address....Fear for my safety.

  • 05-06-2010 11:50am
    #1
    Registered Users, Registered Users 2 Posts: 736 ✭✭✭


    Hey there,

    I have the name and phone number of the person I want to contact but I need their address in order to send a summons.

    Is there any law or section that can be used to get an address from the gardai or a management company. I keep getting blocked every where I turn.....the data protectioin act and the secrecy act....yet my rights as a resident are being violated and my home is being threatened.

    This is a serious situation of intimidation and a fear for my safety and no one will help.

    I need an address ASAP!.

    Thanks a mill.


Comments

  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Gardaí and solicitor. Contact both.


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    Haddockman wrote: »
    Gardaí and solicitor. Contact both.


    I have had the Gardai down but they said they can not do anything unless I am attacked or they trepass etc....that their hands are tied and that it is a civil matter. All they can do is have a word with them.

    I have been to see a solicitor but they need an address in order to send a letter to the person.

    The management company will do nothing.

    I need to know how to go about getting the address if it is at all possible?

    Do I have to be physically hurt in order for anyone to take notice?

    Thanks for the advice :)


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Electoral register?


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Surely allegations of intimidation and putting someone in fear of their safety would make it a criminal matter, not a civil one? in which case the Gardaí should be investigating and getting addresses.


  • Banned (with Prison Access) Posts: 1,229 ✭✭✭sesna


    Dilynnio wrote: »
    I have had the Gardai down but they said they can not do anything unless I am attacked or they trepass etc....that their hands are tied and that it is a civil matter. All they can do is have a word with them.

    I have been to see a solicitor but they need an address in order to send a letter to the person.

    The management company will do nothing.

    I need to know how to go about getting the address if it is at all possible?

    Do I have to be physically hurt in order for anyone to take notice?

    Thanks for the advice :)

    Sounds like you are obfuscating the real issue.

    If a criminal offence had been commited, the Gardai would bring forward appropriate charges and send summons based on their best information of residence.

    Sounds like you tried to use them to pursue a civil matter (rent or something?), and are now exhausting all possibilities by posting on here.

    Unfortunately for you, the Data Protection Act will prevent you from getting the address. :pac:


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  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    slimjimmc wrote: »
    Surely allegations of intimidation and putting someone in fear of their safety would make it a criminal matter, not a civil one? in which case the Gardaí should be investigating and getting addresses.

    No it isnt criminal until action of a criminal nature occurs!

    I am constantly being starred at, watched leaving and entering my home and in the underground car park the guy stood in front of my car and looked threw me and continued to stare until I got out. My living room is overlooked by them and they are starring over from their side window....I know this as the blind is constantly being pulled over and back and I can see someone standing there.

    I have asked them to stop invading my privacy and home....I refuse to live in darkness. They have a balcony to the front of their house and I can see the side of it and they stand there at the side where my home is leaning over and looking into my home. I know they are looking as I have made eye contact with them.

    This is intimidation and certainly not paranoia on my count as I have had visitors who have been over and witnessed this behavior also.

    I just want to pack up and sell up....I live on my own and I am scared to even go to my car at this point as it is underground.

    As for the other post below yours I have no comment......


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    Haddockman wrote: »
    Electoral register?


    Many thanks for the suggestion. I will have a look. :)


  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Who are you sending the summons to?
    I'm not looking for their name, but is it the people you can see watching you or is it the registered owner of the place they are living - ie the landlord?


  • Closed Accounts Posts: 117 ✭✭LaughOrDie


    Can you see their house/apt? Can you not establish the address from that?


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    LaughOrDie wrote: »
    Can you see their house/apt? Can you not establish the address from that?

    They are only the tenants. I need the owner of the apartments address who is letting it.


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  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    LaughOrDie wrote: »
    Can you see their house/apt? Can you not establish the address from that?
    i am thinking the exact same, since they reside overlooking you from their balcony, you should find it simple to get their address, you at least know most of it,
    if you feel that threatened, would you think of renting your place out to others, and renting yourself a place for a while, see will it cool down,

    how is it you they are staring at
    have any other neighbours got trouble from these people
    have you had a falling out with them. or reported them for something in the past


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    Who are you sending the summons to?
    I'm not looking for their name, but is it the people you can see watching you or is it the registered owner of the place they are living - ie the landlord?

    To the owner of the apartment who is letting it out. He is the person apparently who is liable for his property and the tenants in it.


  • Closed Accounts Posts: 1,079 ✭✭✭shoelaceface


    Dilynnio wrote: »
    To the owner of the apartment who is letting it out. He is the person apparently who is liable for his property and the tenants in it.

    but sure its the tenants who are causing the problem. You wont get the landlords address. forget it!


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Your cause of action is against the tenants not the owner.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    do you know why they are doing it


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    how is it you they are staring at
    have any other neighbours got trouble from these people
    have you had a falling out with them. or reported them for something in the past[/QUOTE]

    The other night they were outside at 1.30 am on the balcony......I asked them to keep the noise down......which I think I am entitled to do.

    According to the Management Company, Police and a solicitor the landlord is liable for the tenants that are put into his dwelling.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    While I do feel considerable sympathy for your situation I have to say I would have severe doubts that this is a criminal matter - from what you say there do not appear to have been any assault / damage to property or threats ?

    I really think you need to get professional legal advice - i.e. a solicitor - and do so without delay.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Would the owner not be registered with the prtb? Shouldn't they be your first port of call for dispute resolution?


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    k_mac wrote: »
    Would the owner not be registered with the prtb? Shouldn't they be your first port of call for dispute resolution?


    Many thanks for the advice I will do so first thing Tuesday morning. :)


  • Banned (with Prison Access) Posts: 1,229 ✭✭✭sesna


    Dilynnio wrote: »
    Many thanks for the advice I will do so first thing Tuesday morning. :)

    PRTB is for disputes arising between landlords and tenants.
    They wont give any details to you. They are also a completely useless body with no teeth, even if you and your landlord were registered with them.


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    You obviously have the address.

    Your solicitor could send a letter on your behalf to the occupant at that address.

    One way to get the name would be to employ someone to sell raffle tickets or similar along that street some evening. A lot of people who are otherwise shy about disclosing their identity may give it to such a ticket seller. Had a client use this system. It worked.

    All properties that are let should be registered with the local Council. Ask them to confirm the landlord or tenants name.

    If refused for DPA reasons see your solicitor about a court order allowing you issue proceedings on "the occupant" at that address, copy to the management company.. Court may grant this on filing an affidavit setting out all you have done to establish identity.

    Owner of the house should be a member of the management co. - Can search in CRO.

    You could also search in PRA officlal map of the area which would give the owner if the property in regd in the PRA.


  • Registered Users, Registered Users 2 Posts: 21 Mr Yunioshi


    See here.

    Edit: You could ask your solicitor to advise you of your rights under the Residential Tenancies Act 2004.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    We don't do legal advice here. Seek it from a solicitor you know. Rely on anything posted above (whether correct or incorrect) at your own risk. Please refer to forum charter which you are on notice of here in any case.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    Dilynnio wrote: »
    how is it you they are staring at
    have any other neighbours got trouble from these people
    have you had a falling out with them. or reported them for something in the past

    The other night they were outside at 1.30 am on the balcony......I asked them to keep the noise down......which I think I am entitled to do.

    According to the Management Company, Police and a solicitor the landlord is liable for the tenants that are put into his dwelling.[/QUOTE]


    making noise at 1.30 in the morning, is that your only grief, these must be young ones with friends over, a bit of noise at that hour say once a fortnight i would expect, here where we live, there would be a party at some house with music blaring at 2, but we all make some bit of noise, i do not let it bother me, also there is a venue near me, i can hear the music coming from there on friday, saturday and sunday nights, but it does not bother any of us, if it did, i would just wear earplugs and snooze away, it is the easiest way to get on with and be friends with my neighbours, as i know that if i need help anytime, i can call on any of them. your neighbours are most important to you,


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    Tom Young wrote: »
    We don't do legal advice here. Seek it from a solicitor you know. Rely on anything posted above (whether correct or incorrect) at your own risk. Please refer to forum charter which you are on notice of here in any case.


    If you reread my post you will see that I have not asked for legal advice.

    I have merely explained my situation and people have kindly offered me suggestions of places I can turn to for help.

    In my first post I asked for legislation that maybe known of that I can use to find an address.

    Kind Regards


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    goat2 wrote: »
    The other night they were outside at 1.30 am on the balcony......I asked them to keep the noise down......which I think I am entitled to do.

    According to the Management Company, Police and a solicitor the landlord is liable for the tenants that are put into his dwelling.


    making noise at 1.30 in the morning, is that your only grief, these must be young ones with friends over, a bit of noise at that hour say once a fortnight i would expect, here where we live, there would be a party at some house with music blaring at 2, but we all make some bit of noise, i do not let it bother me, also there is a venue near me, i can hear the music coming from there on friday, saturday and sunday nights, but it does not bother any of us, if it did, i would just wear earplugs and snooze away, it is the easiest way to get on with and be friends with my neighbours, as i know that if i need help anytime, i can call on any of them. your neighbours are most important to you,[/QUOTE]


    I have not slept in over 2 weeks now....last night I was up till 4.....last week at 1.30 I confronted them after many a late night been kept awake...since then the starring has started since I confronted them I am certainly not a moan....I have a right to the quite peaceful enjoyment of my home....I have no problems with people having parties once I can get some sleep during the week....now that is not unreasonable to me!I cant hear my TV or even hear my phone ring with the noise.....earplugs not a chance.....I am not paying a mortgage to be sleep deprived in my own home......


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    See here.

    Edit: You could ask your solicitor to advise you of your rights under the Residential Tenancies Act 2004.

    Many thanks for that. :)


  • Registered Users, Registered Users 2 Posts: 229 ✭✭travellingbid


    If they are creating a nussiance such as noise etc, then the management company need to contact the landlord to take action.
    If the management company won't give you the landlords address then give the letter to the management company to forward on to the landlord

    Sorry you're having such a hard time in your own home:(


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Dilynnio


    If they are creating a nussiance such as noise etc, then the management company need to contact the landlord to take action.
    If the management company won't give you the landlords address then give the letter to the management company to forward on to the landlord

    Sorry you're having such a hard time in your own home:(

    Thanks for your post.

    I will have to speak with them again.

    It really is so frustrating trying to pay a mortgage in negative equity and then unable to even remotely enjoy your home because of other people's behavior and then feeling threatened for trying to protect your home. All I want is a nights sleep and some respect....Is waking up in my home, opening my blinds to let in sunshine and maybe relax in peace and read a book asking too much?? I am going delirious at this stage from lack of sleep!.

    Thanks again :)


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  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    sesna wrote: »
    PRTB is for disputes arising between landlords and tenants.
    They wont give any details to you. They are also a completely useless body with no teeth, even if you and your landlord were registered with them.
    No. Mr Yunioshi is correct.


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