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civil dispute

  • 01-04-2014 8:15pm
    #1
    Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭


    I employed a "builder" in early 2010 to complete an extension.
    within the last two months I have discovered that he built the extension completely ignoring all the technical spec of products used EG tiles /velux windows.
    I have the extension certified to that effect. The roof is incompetently constructed which has been the cause of constant leaking since the first bad weather since it was built.

    This guy has moved abroad. He has a property here.

    Can I go to the local police station inform them I have a civil dispute with this guy and I intend to call to his property , and enter and remove his property to the value of 5000 euro (TVS/Sofas etc). I have a receipt signed in his name for extension.
    I have made him aware via email of the problem and price to repair.
    Any advice appreciated.


Comments

  • Closed Accounts Posts: 3,009 ✭✭✭sopretty


    Lol, no you can't.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    sopretty wrote: »
    Lol, no you can't.

    why not.


  • Closed Accounts Posts: 3,009 ✭✭✭sopretty


    why not.

    Because it would be something like

    A: Breaking and entering
    B: Burglary
    C: Theft

    Not sure which ones would apply to you, but no, you can't just do that.


  • Registered Users, Registered Users 2 Posts: 2,824 ✭✭✭mightyreds


    why not.

    Would that not be stealing if you don't have any permission to take it?

    Edit: beaten to it


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    why not.

    I really assume a late April fools.


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  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    sopretty wrote: »
    Because it would be something like

    A: Breaking and entering
    B: Burglary
    C: Theft

    Not sure which ones would apply to you, but no, you can't just do that.

    I have a civil dispute. Burglary - I do not intend to steal his stuff. I intend to return it when I am paid. I will be informing cops that I am going to enter due to a civil dispute. I will hold the stuff and return it if and when paid...this is hypothetical of course.


  • Closed Accounts Posts: 3,009 ✭✭✭sopretty


    I really assume a late April fools.

    Ah FFS lol - this is my third time today haha.

    Bring on the 2nd of April. :)


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    I really assume a late April fools.

    no. its a law question


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    sopretty wrote: »
    Ah FFS lol - this is my third time today haha.

    Bring on the 2nd of April. :)


    no need to reply if you have no legal knowledge ..thks


  • Registered Users, Registered Users 2 Posts: 429 ✭✭Afroshack


    no need to reply if you have no legal knowledge ..thks

    You don't need legal knowledge to know that what you propose to do is breaking and entering. So no, you can't do that.


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  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    no. its a law question

    It's not a law question, it is not possible to get permission from AGS to in effect commit a number of crimes.

    If you really want to try this go to Garda Station and ask, they will at best assume its an April fools at worst they may call a doctor.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    1. Bring builder to court.
    2.Win
    3.Seek damages.
    4.Return to court to get enforcement order.
    5.Employ Sheriff to recover goods to the value of your claim.

    Step 1-5 needs probably a €10-15k outlay by you and should take 3-4 years start to finish.
    Oh and if the Sheriff can't recover goods your stuck with all the bills.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Can I go to the local police station inform them I have a civil dispute with this guy and I intend to call to his property , and enter and remove his property to the value of 5000 euro (TVS/Sofas etc). I have a receipt signed in his name for extension.

    Normally people sign confessions at the police station after they commit the crime. :pac:

    In any case, I think I remember one of your previous posts in relation to your building dispute, OP.

    I would suggest that you get as much information as you can (to include photos, maps, if possible) about the builder's Irish property, and bring that info to a solicitor, who may be able to carry out searches and advise you if said builder would be a 'mark' in relation to a possible civil action.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    ken wrote: »
    1. Bring builder to court.
    2.Win
    3.Seek damages.
    4.Return to court to get enforcement order.
    5.Employ Sheriff to recover goods to the value of your claim.

    Step 1-5 needs probably a €10-15k outlay by you and should take 3-4 years start to finish.
    Oh and if the Sheriff can't recover goods your stuck with all the bills.

    thks!


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    Normally people sign confessions at the police station after they commit the crime. :pac:

    In any case, I think I remember one of your previous posts in relation to your building dispute, OP.

    I would suggest that you get as much information (to include photos, maps, if possible) about the builder's Irish property, and bring that info to a solicitor, who may be able to carry out searches and advise you if said builder would be a 'mark' in relation to a possible civil action.


    your correct! I thought I would exaggerate to get maximum notice and results.......:D:D:D:D:D job done.... cheers


  • Banned (with Prison Access) Posts: 1,513 ✭✭✭whupdedo


    I employed a "builder" in early 2010 to complete an extension.
    within the last two months I have discovered that he built the extension completely ignoring all the technical spec of products used EG tiles /velux windows.
    I have the extension certified to that effect. The roof is incompetently constructed which has been the cause of constant leaking since the first bad weather since it was built.

    This guy has moved abroad. He has a property here.

    Can I go to the local police station inform them I have a civil dispute with this guy and I intend to call to his property , and enter and remove his property to the value of 5000 euro (TVS/Sofas etc). I have a receipt signed in his name for extension.
    I have made him aware via email of the problem and price to repair.
    Any advice appreciated.

    Theirs absolutely no reason why you shouldn't do this, he robbed you of your hard earned money, you have every right to enter his house unlawfully and steal all his gear to the tune of 5 grand


  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    whupdedo wrote: »
    Theirs absolutely no reason why you shouldn't do this, he robbed you of your hard earned money, you have every right to enter his house unlawfully and steal all his gear to the tune of 5 grand

    The amount of contradictions and errors in this post makes my head hurt.


  • Banned (with Prison Access) Posts: 1,513 ✭✭✭whupdedo


    chops018 wrote: »
    The amount of contradictions and errors in this post makes my head hurt.

    Read it slowly and pronounce your words individually, and then look in the dictionary under S for sarcasm


  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    whupdedo wrote: »
    Read it slowly and pronounce your words individually, and then look in the dictionary under S for sarcasm

    Excuse me for not being able to detect sarcasm from reading a poorly phrased sentence.


  • Banned (with Prison Access) Posts: 1,513 ✭✭✭whupdedo


    chops018 wrote: »
    Excuse me for not being able to detect sarcasm from reading a poorly phrased sentence.

    Your excused


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  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    chops018 wrote: »
    Excuse me for not being able to detect sarcasm from reading a poorly phrased sentence.

    I think the giveaway was "unlawfully". It kinda told me it was a pisstake post.


  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    I think the giveaway was "unlawfully". It kinda told me it was a pisstake post.

    You wouldn't know with people on this site sometimes.


  • Closed Accounts Posts: 2,047 ✭✭✭Kettleson


    You employed a cowboy. On what basis did you make your decision to employ him? Price? IMO you haven't got a chance of getting a cent. Move one.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    In my honest opinion what you'd spend on solicitors would probably fix the problems you have. Like I said in my previous post you could spend thousands,end up with nothing and still have a ****ty extension.


  • Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭JimsAlterEgo


    ken wrote: »
    In my honest opinion what you'd spend on solicitors would probably fix the problems you have. Like I said in my previous post you could spend thousands,end up with nothing and still have a ****ty extension.

    exacrtly if it only cost you 5K am suprised its still standing


  • Banned (with Prison Access) Posts: 1,513 ✭✭✭whupdedo


    Another classic example of always going with the cheapest quote


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    Kettleson wrote: »
    You employed a cowboy. On what basis did you make your decision to employ him? Price? IMO you haven't got a chance of getting a cent. Move one.


    checked reference/ asked to brought to other completed jobs. No complaints from other people he did work for. took him at his word. Knew nothing about roofs though. yep caught out ...annoyed he can just walk away .....funny old country ..banana republic as bob said lol


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    ken wrote: »
    In my honest opinion what you'd spend on solicitors would probably fix the problems you have. Like I said in my previous post you could spend thousands,end up with nothing and still have a ****ty extension.

    agreed will do that thks


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    exacrtly if it only cost you 5K am suprised its still standing


    5K quote to re do roof. rest ok ...surprisingly! ext cost just under 30 k couple yrs ago ..always had leaks....knew nothing about roof pitches etc at that time ..do now...too late tho


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  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    whupdedo wrote: »
    Another classic example of always going with the cheapest quote


    incorrect assumption


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