Petition Justice for Michael Gavin Elderly 83 Year Old Irish Farmer

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“After the death of my brother Patrick Gavin I was appointed heard keeper for the animals by the Department of Agriculture. My understanding was that I would receive the grant monies paid from the department to subsidise the looking after the animals.

I don’t understand how Mr Marren, Solicitor can permit the estate to have it both ways, and I feel I should be awarded either the grant monies paid by the Department of Agriculture for the nine years I have looked after all the animals, or in the alternative I should be paid reasonable farm labors wages and refunds for the expenses incurred in running the farm as appointed heard keeper by the Department of Agriculture.

The next of kin cannot have it both ways. They cannot on the one hand expect to receive the monies from the sale of my late brother Pat Gavin’s livestock together with the gross payments received from the Department of Agriculture, without incurring any expense for the minding, looking after and caring for the animals down through the years.

As regards ownership of the livestock, I have been totally consistent in claiming that I own half of the livestock and all of the sheep. My ownership of half of the livestock goes back to my youth when my parents encouraged me to take an interest in farming by giving me a number of animals within the overall herd which I with the consent of my brother, Pat was able to have and maintain on the lands. Over the years I added to the original stock by purchasing other stock out of my own monies and by doing deals with my brother, Pat, so that ultimately, by the time Pat died in October, 2005 I owned half the entire herd. Moreover I owned all the sheep as my brother Pat got out of sheep a few years before he died and sold all his interest in the sheep to me. Accordingly, in the referenced years for the purpose of acquiring the Single Farm payment Entitlements, half the livestock on the lands belonged to me and my brother, Pat shared the entitlements with me. There was no differences between Pat and myself in our dealings. In other words we shared the workload, we shared all the expenses, and we shared the profit and income from the land.

Bones of Contention with Mr. Robert Marren administrator for the estate;

Mr. Robert Marren, Solicitor allowed confusion to arise in relation to the exact disbursement of funds held by him;

Grossly delayed, without reasonable explanation, the administration of the estate, the deceased person having died in 2005 some ten years ago;

Mr. Robert Marren, Solicitor showed a complete disregard for the interests of the beneficiaries, whom Mr. Marren, Solicitor, knew to be elderly, and by his conduct is depriving two of the beneficiaries, of the enjoyment of their share in the estate;

Provided an inadequate professional service and it is not of a quality that could reasonably be expected of a solicitor. There is no good reason why Mr Marren did not “bite the bullet” and pay over the full 1/6 share when he received the funds way back on 27th of May 2013.

Being reluctant to resolve the issue in isolation to the rest of the Estate;

Not provided the detailed bill of costs to include a detailed breakdown of how the figure of €40,892.53 representing fees paid to Robert Marren & Co. were arrived at;

Mr. Robert Marren, Solicitor brought the solicitors profession into disrepute;

Denied me a share in the farming profits, to the extent that I was working for nothing over the 9 years in question from October, 2005 through to 2013;

Provided an inadequate professional service and it is not of a quality that could reasonably be expected of a solicitor with regards to the explanation he provides to explain how he arrived at his decision to award the moneys received from the sale of Pat Gavin’s livestock together with the Gross payments received from the Department of Agriculture without deducting any expense for the minding, looking after, feeding and caring for the animals for the nine years from 2005 to 2014;

Delayed making the decision regarding my share in the farming profits and rightful share of the grant monies received from the Department of Agriculture until the very end with the draft distribution account that contained countless errors on 18th September, 2014. I was lied to countless times and led to believe that I would be refunded at closing by some of the beneficiaries. Why did Mr. Robert Marren, Solicitor, Mullingar make a decision around March 2013 to accept my claim to owning half the livestock and all the sheep? But yet for no logical reason refuses to award me the net amount €xxxxx.11 due to me out of the Single Payment Entitlements representing my ½ share in the profits from farming the lands, which was also sent to Mr. Robert Marren, Solicitor, Mullingar on the 5th of December, 2015 for his consideration. There is no good reason why he took advantage of my good nature and delayed his decision in this matter until the end;

Mr. Robert Marren, Solicitor squandered the Estate assets by hiring an additional accountant against my wishes at a cost of €8,751.45;

Accounting mistakes and lack of clarity;

Forced me to incur additional unnecessary expenses in drafting documents and letters time and time again to prove my claim;

Not furnished a detailed statement of all the legal costs to his client. Under Section 68 of the Solicitors (Amendment) Act, 1994 provides for charges to clients. Under these provisions a solicitor should furnish a detailed statement of all the legal costs to his client;

Not furnished a copy of Solicitor T & N McLynn’s Solicitors, Athlone Bill of Costs for the handsome fee of €38,941.00;

Provided incorrect invoice for Catherine O’Conner Accountant. Catherine O’Conner’s invoice states Total Amount Due €584.25 while Cash Account dated 18th July, 2014 “Fees paid to Catherine O’ Connor €6,857.25;

Not provided an invoice for William Penrose B.L. or explanation of why his opinion was sought for €1,230.00;

Not provided an invoice for John Dolan Auctioneer, Ballinasloe, and breakdown of the fee he was paid. As I recall the auctioneer John Dolan did advertise the auction extensively and I recall full and half page ads appeared in the local newspapers. I would argue that based on the amount of interest and bids made at the auction that these ads served no purpose other than to promote John Dolans Auctioneering service as a whole. I believe that a free mention in the local parish newsletter would have sufficed.

Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

 Bones of Contention with Mr. Tony Henry, Tormeys Solictiors, Athlone;

Tony Henry, Tormeys Solictiors, Athlone, showed a complete disregard for my instructions known me to be elderly, and by his conduct has deprived my sister Eileen and I the opportunity to have our objections addressed prior to closing, and our 1/6 share of the land from the auction dealt with in isolation to the rest of the estate. Not to mention my share in the farming profits due to me out of the Single Payment Entitlements representing his ½ share in the profits from farming the lands for the 9 years in question;

Tony Henry, Tormeys Solictiors, Athlone, provided an inadequate professional service and it is not of a quality that could reasonably be expected of a Solicitor. There is no good reason why Mr Henry did not at least telephone Mr. Marren in an effort to avoid further proceedings.

At a subsequent meeting with Mr. Henry Solicitor, Athlone after Mr. Marren’s closing, Mr. Tony Henry, Solicitor estimated that court proceedings to sue Mr. Marren Solicitor could take up to 3 years with fees in the region of €60,000 to €100,000, and he suggested that I Michael Gavin should take his age (83) into consideration.

As I recall at our meeting in his office he stated that he could see no fault in Mr. Marren going ahead to finalize the distribution without addressing our objections, namely to pay our €82,500 1/6 share of the land from the auction in isolation to the rest of the estate. I do recall Mr. Tony Henry, Solicitor stated he would have administered the estate in the same fashion himself, which begs the question why he was still adamant that we should retain his services to sue Mr. Marren, and “put his shoulder to the wheel as he put it.”

He told us he would send us the figures of costs and details in relation to suing Mr. Marren, but he never did.

At the meeting he also agreed to contact us after his call to Marren, Solicitor to let us know how it went, but never did.

My Sister Eileen followed up and had to ring Henry numerous times before he finally returned her call weeks after our meeting on the 16th February 2015. She was on a noisy bus at the time and does not recall exactly what Henry said other than that he would send a letter with details of costs and what would be involved regarding us taking Mr. Marren to court, but he never did that.

However this letter never arrived, so after waiting about 2 months in or around the end of March My sister Eileen spoke to another Solicitor in Athlone Martin Egan. Martin assisted her to write a letter to disengage Tony Henry, Solicitor, Athlone.

It would appear that Mr. Tony Henry, Tormeys Solictiors, Athlone, provided an inadequate professional service and it is not of a quality that could reasonably be expected of a Solicitor. There is no good reason why Mr Henry, Solicitor, did not at least telephone Mr. Marren in an effort to avoid further proceedings.

The bully boy letter that Tony Henry wrote and sent to my Elderly Defenceless Widowed sister Eileen Linney who was merely attempting to seek justice in the matter as a result of Tony Henry’s failure to undertake our simple yet crucial instructions, given him on our behalf through our family Solicitor.

Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

Bones of Contention with the Beneficiaries and their Solicitor T & N McLynn Athlone;

They summoned me to the High Court in an effort to sell the roof over my head along with the lands among other things knowing full well that I was entitled to reside in the house for the rest of my days as per my late Fathers will.

They tricked me into minding the estate animals and broke promises that they would buy food nuts for the animals and also promised me that I would be compensated for minding the animals at closing and awarded the grant monies from the department of Agriculture.

They prepared and tricked me into signing their lease agreement on 27th August without providing me an opportunity to read over same carefully or to consider the matter. Consequently I was forced to get legal advice in order to amend a number of your conditions including my agreement to “having fully restored the lands to grassland by ploughing and reseeding by no later than the 31st of July 2015.” Lands that were never used for tillage, and even if they were who would commit to a short term 1 year lease with that condition. This appears underhanded to me and highlights the inadequate professional service provided by Solicitor T&N McLynn, Athlone. It is not of a quality that could reasonably be expected of a solicitor and served no purpose other than to force me to incur additional unnecessary expenses for legal advice to draft letters in response to the lease agreement they tricked me into signing. I would question also whether T&N McLynn is guilty of Misconduct by tending to bring the solicitors profession into disrepute. It is worth noting also that I was never provided a copy of Solicitors T&N McLynn’s Bill of Costs.

Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

Bones of Contentions with the Law Society of Ireland;

Their failure to find any fault with Rober Marren Solicitor based on the 8 complaints made to them in regard to how Mr. Marren Solicitor Administered the Estate of my Late brother Pat Gavin

The Law Societies failure to find fault with the fact that Mr. Tony Henry Tormeys Solicitors, did not undertake the instructions given him on our behalf through another Solicitor.

Letter from Tony Watson Solicitor with threat to block my emails in an attempt to quench the truth of what occurred and I believe it an immature approach for a man in his position “Deputy Head of Complaints and Clients Relations Section” to adopt.

I want Justice in this matter and will continue to share my story of Elder Abuse Wide and Far until my demands are met.

You see I believe with every bone in my body that a grave injustice has been served to my elder sister Eileen and I (83 years old) at the hands of the beneficiaries of the Estate and the Solicitors namely Robert Marren, Tony Henry Tormeys Solicitors, Athlone and T & N McLynn Solicitors, Athlone and Tony Watson Solicitor Law Society of Ireland.

I believe that it is they that need explain their reasons for treating my sister and I in the manner that they did.

I feel that the greatest help you can be to me at this time is to condemn this behavior which constitutes #ElderAbuse of the highest order

I would be much obliged if you would email marrensolrs@eircom.net, thenry@tormeys.ie,complaints@lawsociety.ie (no emai address found l for T & N McLynn) and express your dissatisfaction at what has occurred in this matter.

Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

Thank you

@michaelgavin83#

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Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

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Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

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2 comments

  1. l8in · August 17, 2015

    Reblogged this on L8in.

    Like

  2. socialaction2014 · September 9, 2015

    Reblogged this on Social Action.

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