Re: Problem with Local Authority

B

Bobby

Registered User
Messages
32
Hi All,

I owe SouthDublinCoCo around €40k in planning fees. All attempts to reach a satisfactory monthly repayment plan have hit the wall so after doing a little research on this site I want to seek an instalment order through the courts. But what court do I use? the district or the circuit. Does the amount owed determine which court handles the case? I have already filled out a statement of means. Any help on this would be greatly appreciated.

Regards
Bobby
 
Instead of trying to agree a payment plan with the CoCo, or actually going through the courts for achieving this, have you thought about getting a loan for the full amount and pay that back instead? (eg. from a bank or so)
Depends of course on your general financial circumstances which you haven't shared as such.
 
Yes I did consider getting a loan but assuming an interest rate of 10% I would be paying back a lot more in the long run. The €40k would easily become €50k over 10 years. I reckon I will get a better decision from a Judge. My means aren't bad but I can't pay €40k over 2 years which is €20k per annum - a small mortgage. This is what the council are demanding. I am no property developer. I was "forced" into planning by the council in order to renew a waste permit. Its a long horrible story. There's no talking to them, no human empathy. Its all about the money with the council(s).

Now can anyone answer my initial questions. Which court and does the amount determine which court I attend?.
 
Hi Bobby,

You are somewhat confused here - it is the Council which would bring you to court for an installment order, not the other way round.

If you just start paying them a reasonable amount each month will they credit it to your account or return it? Have you tried?
 
Mmm, I am not confused but I am possibly learning something here. I got my inspiration from a thread posted on this site.

http://www.askaboutmoney.com/showthread.php?t=131824

I just read it again and yes in this instance the credit union is taking the individual to court. I suppose I want to be pro-active and take the fight to the council. Are you saying then that I cannot initiate legal proceedings against the council? or it just would not be the norm?

I have tried to agree a payment of €200/pm. But they laughed at me saying that this would take around 16 years to pay off. But what's wrong with that? I will be around for a long time and so will the council. Secondly they did squat for the money. They call the €40k development funds or contribution funds. Just like commercial rates you get nothing in return. I pay around €10k per annum in rates. Another €4k per annum for my waste permit per annum (again you get nothing). The planning application fee was €6.5k based on square meters of the site. It's scandalous. Whilst 95% of the visitors on askaboutmoney are complaining about the banks the local authority (SDCC) has been the bane of my existence for years.
 
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