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

My sister Eileen just received a letter today 29-July-2015 from Tony Henry Tormeys Solicitors Athlone stating the following;

Dear Ms Linney

I refer to your note dated the 16^th of June, 2015. We have now taken up our old file from long term storage in relation to your brother’s papers. We note that the original papers were collected by you.

It is clear from the meetings that we have had with your brother and indeed the documentation that we received from Patrick Hogan & Company that there is little that your brother could do to protect his interest other than to issue proceeding which, as we pointed out to you during our meeting with you and your brother, would be lengthy and very risky in terms of significant legal costs.

In terms of receiving direct instructions from your brother, this did not happen and any communication that we received was clearly from you with your brother’s signature on some of the letters. This is not sufficient for any legal firm to take definitive instructions.

We outlined in our meeting with you and your brother that it would not appear that proceedings were appropriate, for so many reasons. This clearly is something that you may disagree with, however, we were seeking to advise your brother in relation to his legal position.

It is clear that the unfortunate consequences for your brother Michael resulted from your late brother Patrick Gavin not making a will.

Your brother is of course free to make a complaint to the Law Society and we will respond to any complaints direct to the Law Society. We are satisfied that they are no grounds for such a complaint. There is no question of us covering your brother’s costs and we utterly and categorically reject any suggestion of negligence on our part and indeed are most aggrieved that you would suggest this.

We have nothing to apologise for and indeed, we have never, at any stage, suggested that we would take any course of action and certainly we were never purporting to represent.

It is my firm belief that your brother should take stock before he would instruct any solicitor to issue proceedings on his behalf in this issue. The risks associated with taking such an action would be huge as well as the stress and pressure that would be involved in taking such proceedings.

It is clear to me that the dispute and contention surrounding the administration of your late brother’s estate has caused significant stress, worry and anger for your brother, for you and members of your family. However, it is totally inappropriate and unfair for you to suggest that Tormeys Solicitors have not carried out their duties. Your brother has every entitlement to seek alternative representation, but we would still be of the view that your brother Michael should think very, very carefully before committing himself to further risky and protracted legal battles in relation to your brother Patrick’s estate.

I certainly hope that your brother Michael can move on with his life with the inheritance already received from the estate.

Your Faithfully

1^st Paragraph from Tony Henry Tormeys Solicitors Athlone

“I refer to your note dated the 16^th of June, 2015. We have now taken up our old file from long term storage in relation to your brother’s papers. We note that the original papers were collected by you.”

My response to above paragraph

This is the first correspondence we ever received from Mr. Tony Henry’s Office Tormeys Solicitors Athlone. It has taken more that 40 days for Mr. Tony Henry, Tormey Solicitors to respond to our letter dated 16^th of June 2015.

The cheek of you to refer to my Elder sister’s letter as a note, don’t you Mr. Henry of Tormeys Solicitors attempt to belittle us.

Here is a copy of that letter sent to Mr. Henry Tormey’s Solicitors 16^th June, 2015

Mr Henry,

I am writing to inform you that I am filing complaints against you to the Law Society. I am not satisfied at how you dealt with the following:

1. Letter from John Glynn Solicitor, Patrick Hogan & Co. dated 14^th January, 2015;
2.  Letter from my brother Michael Gavin and I on 6^th February, 2015.

My demands are simply this

1. You agree to cover costs that my brother Michael Gavin and I incur as a result of your gross negligence which have yet to be determined.
2.  Letter of apology to me, acknowledging the inadequate professional service you have provided, and the conscious and intentional disregard you displayed through your gross misconduct in failing to undertake the instructions made on our behalf by our family solicitor John Glynn, Patrick Hogan & Co. Ballinasloe, Co. Galway.

Yours faithfully,

Yes my sister did collect the papers from your office because you sat on same for over 70 days from the 15^th of January 2015 when you received them from John Glynn’s office Patrick Hogan & Co. Solicitors Ballinasloe until the end of March and did nothing as far as we are concerned. Why would you want to keep our original papers or a copy of and substantial Case to Counsel files when you were not prepared to undertake the explicate instructions that John Glynn’s office Patrick Hogan & Co. Solicitors gave you verbally in around December 2014 and in writing received in your office 15^TH January, 2015. It begs the question why your office bothers to solicit business by advertising extensively on Midland Radio, when it appears that yea are unable to undertake serious clients instructions at hand that we give to your office by a Solicitor for a client. This is a serious matter and there is no point in you stating otherwise.

2^nd Paragraph from Tony Henry Tormeys Solicitors Athlone

“It is clear from the meetings that we have had with your brother and indeed the documentation that we received from Patrick Hogan & Company that there is little that your brother could do to protect his interest other than to issue proceeding which, as we pointed out to you during our meeting with you and your brother, would be lengthy and very risky in terms of significant legal costs.”

My response to above paragraph

We had one and only 1 meeting not meetings as you Mr. Tony Henry put it. As I recall that 2 hour meeting took place in a conference room at Tormeys Solicitors Offices, Athlone on the 30^th January 2015 some 15 days after Mr. Marren Solicitor had distributed the Estate assets on the 16^th of January 2015. We had no knowledge that Mr. Marren actually went ahead and distributed the Estate Assets on the 16^th of January until we received our cheques in the post, up until then we assumed that you had undertaken the instructions that you Mr. Henry received from Patrick Hogan & Company. These instruction were as follows

Letter from Patrick Hogan & Company received in Tormeys Solicitors Office on 15^TH January 2015

“I spoke to you about this matter before Christmas and am now enclosing herewith in duplicate a Case to Counsel (to the intent that there is one copy for yourself and the other for Counsel) incorporating all relevant details relative to this matter.

I would suggest you read the Case and arrange a meeting with Michael Gavin to verify all instructions received before transmitting same to Counsel, for the purpose of ensuring that I have accurately expressed his views and wishes in the matter.

Secondly, I would suggest that you would retain Donal Keane BL, to represent our mutual clients as he is already familiar with the case, having represented Messrs. Gavin & Linney in the prior action taken by Ann Sanford, to have herself appointed as Administrator of the Estate. The only possible difficulty here is that he nominated Bob Marren and telephoned him to ask him would he be willing to act as Administrator, and accordingly, there may be some little reluctance on his part to be further involved if the proceedings involve joining Bob Marren as a Co-Defendant to same. I take the view that it is inevitable that Robert Marren will be jointed as a Co-Defendant, even though the trust and purpose of the proceedings will be to coerce Messrs. Sanford and O’Keeffe to authorise him to pay over the purchase monies forthwith to Messrs. Gavin & Linney and also to concede that Mike Gavin is entitled to 50% of the profits of the lands and/or, in the alternative, fair compensation for the work done and services rendered by him over an eight year period for and on behalf of the Estate.

Thirdly, having regard to the contents of Mr. Marren’s letter to Mike Gavin, dated the 22^nd of December, 2014 whereby he is threatening to effect a distribution of the Estate if he does not receive formal notification from Mike Gavin’s Solicitor of his intention to institute proceedings on or before the 16^th of January, next, you had best forthwith write a short letter to Robert Marren & Co., confirming that you are now acting in the matter and that you are in process of sending a Case to Counsel.

Finally, for the purpose of endeavoring to avoid further proceedings in the matter, I would suggest that you immediately telephone Robert Marren to advice him that you have received instructions to act and enquire just where exactly does he stand in this matter and enquire whether or not his hands are tied by instructions received from Messrs Sanford & O’Keefe and/or their Solicitors Messrs T & N McLynn. In particular enquire if he concedes that Michael is entitled to half the farming profits (i.e. half the net proceeds of the Department of Agriculture Grants from 2005-2013 inclusive, after deductions of Income Tax paid in respect of the joint farming operation) and /or in the alternative, fair compensation for work done and services rendered by Mike Gavin in looking after the deceased’s animals over this period. Please also enquire why is he not paying out the sum of €82,500 to Mike and Eileen in respect of their 1/6^th share of the lands, particularly, now seeing that Messrs. Sanford & O’Keeffe have taken possession of the lands and are letting same for their own benefit and/or he has allowed them into possession of the lands and seeing that he has the purchase monies in his account which Mike and Eileen are agreeable to unconditionally accept in respect of their 1/6 share of the proceeds of sale. Moreover an up to date folio search reveals that the lands have been transferred to Messrs. Sanford & O’Keefe sometime prior to 15^th November 2014.

Finally, I do hope that you will see your way to taking this case in the interest of securing justice for Mike and Eileen, whose interest in this matter are being abused by two very vengeful and spiteful sisters, who have already put the Estate to enormous legal expense and whom I have no doubt would be prepared to waste futher assets of the Estate in further litigation.

Yours sincerely,

John V. Glynn

So it appears from the letter above from John Glynn Patrick Hogan & Co. Ballinasloe that he did call you Mr. Tony Henry before Christmas and he did request you Mr. Tony Henry, Tormeys Solictors Athlone to act on our behalf numerous times.

How can you attempt to excuse your failure to carry out the explicate instruction given both verbally and in writing from another Solicitor with “it was clear from our meetings that we have had with your brother” bearing that this one and only meeting occurred some weeks after Mr. Marren distributed the Estate Assets. So what was the purpose of you holding the 2 hour meeting? It appears that you ignored John Glynn’s instructions and played God at our expense. Why did you not pick up the phone as requested and tell Mr. Robert Marren and confirm that you were acting in the matter as you were instructed to do? In the alternative if you felt that based on the documentation you received from Patrick Hogan & Company that there was little you could do why did you not pick up the phone and call me or John Glynn, Solicitor and give us an opportunity to request another Solicitor to act for us. Your reluctance Mr. Tony Henry, Tormey Solicitor to undertake the instruction given you by another Solicitor to act on our behalf is totally unacceptable to me. I have difficulty understanding why you Mr. Henry of Tormeys Solicitors, Athlone failed to respond to correspondence, including correspondence that was crucial and significant to my sister Eileen and I.

3^rd Paragraph from Tony Henry Tormeys Solicitors Athlone

“In terms of receiving direct instructions from your brother, this did not happen and any communication that we received was clearly from you with your brother’s signature on some of the letters. This is not sufficient for any legal firm to take definitive instructions.”

My response to above paragraph;

Mr. Henry might I remind you, that you received 3 letters from my sister and I. The first on the 06-02-2015 were direct instructions signed by both of us as follows

Dear Tony,

Further to our meeting of 30^th January 2015, my brother and I had time to discuss the matter and would like to give you the following instructions.   We instruct you to write a letter to Mr Robert Marren requesting answers to the following:

1. Please explain why we were not awarded €82,500 each for our one sixth share in the Land Sale. The purchase money was paid to Mr Marren on 27^th May 2013.
2.  Please explain why €3,764.91 was deducted from Eileen’s share, which was stated on Mr Marren’s distribution account that 50% Of share of livestock handed over on closing Sale of Lands. Eileen  did not own any animals.
3.  Where is the refund of €1,400.00 which was paid by Mike Gavin to Mr John Glynn on 23^rd February 2007 on account of outlay to meet expenses in taking out a Grant of Administration. This sum has not been taken into account on the revised distribution account which Mr Marren refers to in his letter dated 11^th November 2014 to Michael Gavin.
4.  We would like a breakdown of how the figure of €40,892.53 representing fees paid to Robert Marren & Co. were arrived at. Similarly we would like a breakdown of fees paid to Catherine O’Connor, Tony McLynn (Solicitor for the other side), Willie Penrose, (why was it necessary to get his advices). Please advise us of any outstanding bills, has John Glynn, Hogan & Co. been paid to date, and if not why not.
5.  Has the House and adjoining gardens been transferred to Ann Sanford and Kathleen O’ Keefe? We were assured in 2 letters dated 15^th Nov 2012 and 7^th Dec 2012 from Mr Marron that the dwelling house and the lands (approx ½ acre) surrounding same would be excluded from the sale.
6.  Please explain how you arrived at your 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.
7.  Also please explain why you did not award Mike Gavin half of the Grant Money from the Department of Agriculture after making a decision in your letter on 14^th of March 2013 to accept the claim of Michael to owning half the livestock and all the sheep.

Eileen Linney                                                                        Michael Gavin

__________________                                                          _____________________

You go on to say “and any communication that we received was clearly from you with your brother’s signature on some of the letters.” WHAT DO YOU MEAN “from you” perhaps you mean that my sister Eileen hand typed the letter as above the same way I presume a Secretary at Tormeys Solicitors typed the 1 and only letter you posted to us. Or perhaps our instructions to request answers to our questions from Mr. Robert Marren, Mullingar made you uncomfortable. Regardless I can assure you that answers to those questions are more beneficial to me personally than to my sister Eileen, so what is your problem? Maybe it’s a woman’s persistent efforts to seek justice that make you uncomfortable. Also my signature was provided as I recall and in the event that it was not why only now do you mention it and not before now. I have to agree with you Mr. Tony Henry, Tormeys Solicitors Athlone “This is not sufficient for any legal firm to take definitive instructions”.

You may consider yourself educated and yet you have the cheek to  criticizes my signature, what is your but a scratch of a line, get more from a 2 year old, at least mine spells out my GOOD name.

We subsequently followed up with you on the 3^rd of March 2015 with a hand written letter/note and stated the following;

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

Dear Mr. Henry,

With reference to my letter dated 6^th February 2015 to you with instructions to write a letter to Mr. Robert Marren, could you please inform me when can I expect a reply from you.

Thanking you

Sincerely

Eileen

And

Michael Gavin

We have a signed copy of this letter if you need same to refresh your memory!

Then of course the letter sent to you on 16^th June, 2015 as above was indeed sent from my sister Eileen alone informing you that she was filing complaints against you to the Law Society. These complaints covered

1. Letter from John Glynn Solicitor, Patrick Hogan & Co. dated 14^th January, 2015;
2.  Letter from my brother Michael Gavin and I on 6^th February, 2015.

These complaints clearly cover concerns we both have in relation to our dissatisfied at how you dealt with the above. This may now also explain the attitude you have towards my sister, regardless we both have the right to file complaints with the Law Society of Ireland and seek justice in this matter for the blatant disregard you had for our instructions given to you through a Solicitor.

4th Paragraph from Tony Henry Tormeys Solicitors Athlone

“We outlined in our meeting with you and your brother that it would not appear that proceedings were appropriate, for so many reasons. This clearly is something that you may disagree with, however, we were seeking to advise your brother in relation to his legal position.”

My response to above paragraph

In our one and only meeting with you Mr. Tony Henry on the 30^th January 2015 some 15 days after Mr. Marren Solicitor had distributed the Estate assets on the 16^th of January 2015, because you Mr. Tony Henry failed to undertake explicate instructions namely to inform Mr. Rober Marren, Solicitor Mullingar that you would act in the matter for us. As we recall you did carry out the devil’s advocate routine with us which is customary in these situations. We recall you warning us of the downsides of up to 3 years with costs up to €100,000 with no guarantees of winning and my age 83 years. Then you went on to describe how if we did engage you as our Solicitor, you would put your shoulder to the wheel and keep the letters and meetings to a minimum.

Bearing in mind the fact that you had not undertaken out our original instructions it seemed contradictory now that you were prepared to put your shoulder to the wheel at our expense.

Why do you isolate my sister Eileen after John Glynn, Solicitor requested that you would see your way to taking this case in the interest of securing justice for Mike and Eileen, this also seemed strange to us at our meeting, and here again in your letter.

2 hours free advice in a Solicitors office?? Appears something strange here!

5th Paragraph from Tony Henry Tormeys Solicitors Athlone

It is clear that the unfortunate consequences for your brother Michael resulted from your late brother Patrick Gavin not making a will.

While your above statement is true, that does not give you Mr. Tony Henry an excuse to not undertake the explicate instructions given you by a Solicitor on our behalf. There is no getting away from the fact that John Glynn Patrick Hogan & Co. requested you to ring and write a short letter to Mr. Marren immediately confirming that you would act in the matter in response to Marren’s threat to effect a distribution of the Estate. Nor is there a logical reason as to why you did not inform us, so that we could engage another Solicitor to act on our behalf . We are of the opinion that a grave injustice has been dealt to both my sister Eileen and I and it constitutes Elder Abuse.

6th Paragraph from Tony Henry Tormeys Solicitors Athlone

“Your brother is of course free to make a complaint to the Law Society and we will respond to any complaints direct to the Law Society. We are satisfied that there are no grounds for such a complaint. There is no question of us covering your brother’s costs and we utterly and categorically reject any suggestion of negligence on our part and indeed are most aggrieved that you would suggest this.”

Here again you isolate Eileen as if she has incurred no loss at the hand of Mr. Rober Marren. Let me refer you back to John Glynn’s letter which states “Please also esquire why is he not paying out the sum of €82,500 to Mike and Eileen in respect of their 1/6^th share of the lands” and our first question that we request you pose to Mr. Marren on our behalf

1. Please explain why WE were not awarded €82,500 each for our one sixth share in the Land Sale. The purchase money was paid to Mr Marren on 27^th May 2013.

Please explain why WE meaning both of us. Surely you recall we also made that point clear to you at the meeting that Mr. Marren had short chained us by €12,500 each, notwithstanding the fact that he had the monies in his possession for nearly 2 years prior and refused to hand over same in isolation to closing the estate.

We believe that Mr. Robert Marren should NOT have finalised the distribution without addressing our objections, and it appears he did same to avoid paying our €82,500 1/6 share of the land from action in isolation to the rest of the estate.

While it would appear that these are matters that can only be dealt with by the court if they cannot be resolved by agreement I believe it should be the Administrator who goes back into Court to get a Court Order directing how the estate can be distributed not the ELDERLY BENEFICIARIES.

While it goes without saying that I have every right to  make a complaint to the Law Society, this would be pointless bearing in mind that my complains are one in the same as my sister’s. So in the event that the Law Society of Ireland does not accept that our/my sisters 2 complaints of inadequate professional services, warrant investigation and which are already overseen by the independent Adjudicator we will proceed to the solicitors disciplinary tribunal Dublin. Although this whole matter is a source of embarrassment to us, we will have no hesitation in disclosing same in the public domain, as it is our belief that the general public have a right to be made aware of the events that took place and let them judge for themselves based on the true facts.

7th Paragraph from Tony Henry Tormeys Solicitors Athlone

We have nothing to apologies for and indeed, we have never, at any stage, suggested that we would take any course of action and certainly we were never purporting to represent.

My response to above paragraph

Thank you. That’s the problem you Mr. Henry never did represent us, nor did you inform us so we could engage another Solicitor to act on our behalf.

It would also appear to us Mr. Henry of Tormeys Solicitors, Athlone that you facilitated Mr. Marren by not phoning him or writing him immediately as requested by John Glynn Solicitor.

8th Paragraph from Tony Henry Tormeys Solicitors Athlone

“It is my firm belief that your brother should take stock before he would instruct any solicitor to issue proceedings on his behalf in this issue. The risks associated with taking such an action would be huge as well as the stress and pressure that would be involved in taking such proceedings.”

My response to above paragraph

What concern is it of yours Mr. Henry Tormey what stress and pressure I can enjure. We have a saying in the country keep prodding at an old stone wall and it will eventually give!

9th Paragraph from Tony Henry Tormeys Solicitors Athlone

“It is clear to me that the dispute and contention surrounding the administration of your late brother’s estate has caused significant stress, worry and anger for your brother, for you and members of your family. However, it is totally inappropriate and unfair for you to suggest that Tormeys Solicitors have not carried out their duties. Your brother has every entitlement to seek alternative representation, but we would still be of the view that your brother Michael should think very, very carefully before committing himself to further risky and protracted legal battles in relation to your brother Patrick’s estate.”

My response to above paragraph

What duties did Tormeys Solicitors carry out ?

What duties did Tormeys Solicitors carry out ?

That’s the whole problem you Mr. Tony Henry of Tormeys Solicitor carried out NO duties in relation to the instruction John Glynn, Solicitor made on our behalf, nor did you undertake the instruction my sister and I gave you Mr, Tony Henry, namely to demand Mr. Robert Marren to provide answers to 7 important questions.

Who are you to lecture my sister Eileen or I on our entitlements to seek alternative representation while knowing full well that Mr. Marren is the son in law of a prominent retired Athlone Solicitor and we were advised that Solicitor in the midlands would be reluctant to act on our behalf because of same. We both have every intention of seeking JUSTICE in this matter and will leave no stone unturned until same is served. Far be it from me a humble farmer to JUDGE you Mr. Henry as you did us, but what gives you the athority to scribe the letter that you did to my defenless ELDERLY WIDOWED sister Eileen Linney, who sought nothing but JUSTICE for us. I Michael Gavin from Dundonnell, Taughmaconnell Co. Roscommon will not wish you any bad luck, however I will not wish you any good luck either.

I am of the view that it is you Mr. Tony Henry of Tormeys Solictors Athlone should consider your position very, very, very carefully before exposing yourself to further risky and protracted legal battles not to mention the reputation of Tormeys Solicitors in the eyes of concerned public onlookers.

We both feel that a grave injustice has been dealt to us not to mention the Bully Boy tactics and ELDER ABUSE we received and we intend to pursue the matter VIGOROUSLY until same is undone.

We believe it’s high time that you Mr.Tony Henry hang up your boots as they forced me to do mine. We feel that an inadequate professional service has been provided by Mr. Robert Marren, Solicitor, Mullingar, Co. Westmeath and you Mr. Tony Henry, Tormeys Solicitor, Athlone, Co. Westmeath and it is not of a quality that could reasonably be expected of Solicitors.

10th Paragraph from Tony Henry Tormeys Solicitors Athlone

“I certainly hope that your brother Michael can move on with his life with the inheritance already received from the estate.”

My response to above paragraph

Here you go again writing to my sister Eileen and referring your advice to me Michael Gavin. Why would you hope that I can move on with my life? or do you mean so that you can move on with yours and just pretend that this never occurred.
It begs the question would you Mr. Henry move on with yours, would you work for nothing for 9 years and then have your objections ignored by both the administrator and the solicitor who was instructed to block same from happening with a simple phone call??

My sister Eileen and I refuse to allow you Mr. Henry and Mr. Robert Marren move on with your life’s in isolation to what has occurred in this matter until our demands are met.

Have a nice day!

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

Email marrensolrs@eircom.net, thenry@tormeys.ie,complaints@lawsociety.ie and express your dissatisfaction at what has occurred in this matter.

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