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A HOMELESS WOMAN and her six-year-old son said they have “no idea” where they’ll sleep tonight after their demand for the immediate provision by Carlow County Council of emergency accommodation for them was thrown out by a High Court judge.
Karen Middleton and her son Luke, who had been living in a tent outside the local authority’s offices in Carlow, had brought proceedings in the High Court challenging the local authority’s refusal to provide them with emergency accommodation.
In his judgement today Justice Charles Meenan dismissed her action, which had been opposed by Carlow County Council.
Following the ruling the Middleton’s solicitor Sinead Kerin of Mercy Law Resource Centre, said they were disappointed with the decision. She said Karen and Luke did not know where they would be living tonight.
The court had heard that after leaving the tent the Middletons had been living in accommodation paid for through charitable donations, pending the outcome of the court’s decision, the solicitor said.
Karen Middleton had left Dublin with her son in late March and returned to her native Carlow following a breakdown in her relationship. She had stayed with relatives until they were no longer able to provide them with shelter.
In April they presented as being homeless at Carlow County Council’s offices and, while initially having been refused emergency accommodation the Council put them up at B&Bs for short periods up until 12 June.
When the council stopped providing them with accommodation on 12 June last month she staged a sit-in before being removed by the gardaí. She then took up residence in a tent outside the council’s offices.
Due to fears her son may be taken from her, friends and supporters of the Middletons allowed Luke to sleep on their sofas. She had tried but had been unable to secure private rented accommodation.
The Middletons asked the High Court for an order directing Carlow County Council to consider their outstanding application for emergency homeless accommodation by way of social housing support or by any other means.
They had also sought an order quashing the council’s decision that the Middletons could reasonably be expected to use alternative accommodation until the mother was able to rent a property.
The council opposed Middleton’s demands on the grounds it had limited resources available and that her requests had been fully considered.
Justice Meenan, in a reserved judgment, said there was no basis to quash the council’s decision and the Middletons were not precluded from making a fresh application for emergency accommodation should further circumstances arise.
He said a detailed meeting between Middleton, who was accompanied with a representative of Focus Ireland, and the council had been held on 24 May last as a result of which he could not say the council’s decision to refuse further emergency accommodation could be “fundamentally at variance with reason and common sense.”
The judge said he was taking into account the resources the council had available and the competing demands on those resources.
The council had told the court there are 150 other persons in Co Carlow in a similar situation to the Middletons, and the council cannot afford to give the Middletons priority.
The judge rejected claims by the Middletons that the council had not given them adequate reasons for its decision.
He noted that Karen Middleton will have a housing assistance payment available to her where she would be paid a sum of money each month to go towards rent.
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If I purchase a ticket from Ticketmaster, I have a contract with them from that date. They are now unilaterally amending that contract. Consumer law needs to tighten up to outlaw changes in terms and conditions after the contract without agreement of both parties to the new terms.
@Pat Kelly: preach
@Pat Kelly: where in the article does it say the new terms apply to tickets already purchased under previous t&c?
@Pat Kelly: If they start giving hassle, initiate a chargeback through your card provider.
@John Buckley: the part where it says from now on ticket master will not be refunding service charges
@Darren Carroll: they are new t&c. It says nothing about it applying to tickets bought before now; a conclusion the OP came too without relevant information. So, again, where in the article does it state the new t&c apply to tickets bought under old t&c.
@Pat Kelly: Any changes at Ticketmaster can only be applicable to New ticket purchases. Otherwise it’s like them increasing the price after purchasing a ticket.
It’s Ticketmaster, what do people expect?
@Jesus Christ: Try getting a refund for All Together Now. Really f…about. I wont be going next year (I dont buy tickets two years in advance). Yet it seems they wont refund me for the tickets i bought for this year. I’d love to know how much Iggy Pop was paid to say he will be there next year in an attempt to get them off the hook. As others have said, it looks like the small claims court is the only way to get my money back
@Jesus Christ: Are they insolvent
@Tim: I dont know. But their attitude is appalling and so, in that case, i hope they do become insolvent! Boutique festivals my ar…e. Meet the new businessmen, same as the old businesssmen (in nicer surroundings)
Bad form from Ticketmaster half the country probably have tickets events that’ll just won’t happen
Professor of Law from Trinity said it was ILLEGAL not to offer refund. Same as airlines.
@Paul O Mahony: They are offering refunds for the price of the ticket but are just not giving back the cost of their service fee.
@Sinead Boland: thats never the case anyway, is it?
Is this a misleading headline? Is it a change to tickets that will be purchased in the future or on tickets that have already been purchased? Bad form either way but if it’s the latter surely they’ll have to honour the T&C’s presented at the time?
Why is there no alternative to Ticketmaster? There fees are extortionate.
@billy bound: there is tickets.ie but they have limited resources
Ticketmaster is part of live nation who in turn are the biggest entertainment company in the world, handling contracts for most of the biggest bands in world for touring and merchandising, live nation are part owners of the 3arena they outright own the o2in london , they own hundreds of venues around the world and have almost total domination.
What’s even worse is just this week with the stock price falling the saudi governments public investment fund just bought into live nation for about half a billion got a 5.7% stake , expect more big events to take place in saudi Arabia going forward , all part of the saudi2030 plan to basically sports/entertainment wash the countrys reputation
@colm connolly: I learned something today!
I’m pretty sure when you bought your ticket you entered a contract with terms and conditions… They’ve now moved the gold posts on that. I’m no expert so can someone tell me is that not against the law?
@Cupid Stunt: goal
Any company that charges a handling fee per individual ticket rather than per collective purchase is gouging. Ticketmaster have always had a poor reputation.
Scammers forever. Always have their own profits to the fore rather than the customer.
The EU might have something to say about that
Ticketmaster were always gougers. Nothing new here. Good news is that people who wanted refund for rescheduled gigs couldn’t attend can more get (most) of their money back.
I guess its off to the small claims court which will work out fsr more expensive for Ticketmaster.
@jerry slattery: it’s only the booking fee they’re not refunding. The cost for you for the small claims court would generally be more than the cost of the booking fee/service charge.
“True life” experience with Ticketmaster back in the day…..
https://youtu.be/8sUw_GbVbxw
@Vin: that is gas. How did you find that?
@Patrick: I remember hearing it 20 years ago… back in the day.
@Vin: slight miscalculation it’s more like 15 years ago
@Vin: Oh Boy ! That was great .. I’m rid of my frustrations now. He shouted for everyone
@Vin:
Take a bow.
I needed that laugh.
I’ve just requested a refund for a rescheduled gig let’s see how I get on….
@Swamp_Donkey: UPDATE: Ticketmaster today responded to my cancellation request saying a full refund will be granted and money back in my account in the next 5-7 working days… So all good.
The insurance industry got away with claiming they won’t pay business interuption claims by retrospectively inserting a pandemic clause now the airlines, GAA and ticketmaster. The government actively (airlines) and passively (insurance etc) allowing it. How is this legal?
I bought tickets last October for an event that is been held in June. That event is now cancelled and I’ve put in a request for a FULL refund. I would have thought that from the second I purchased the tickets until the second the event ends that myself and ticketmaster are in a contract. So how can they change the t&c’s of an active contract ?
Ticket master
Yet another cosy cartel
Endorsed by FFG..
Sticking it to Irish citizens
Like Ryan air… car insurance..etc
Profit before PEOPLE
Get used to it…
Don’t worry just keep them distracted
With B.S. they are just mushrooms!
@Kerry Evans: you need help
@Kerry Evans: Endorser by FFG? Ehhhhh maybe sit down before you hurt yourself.
@Kerry Evans: I’m no fan of TM or FG, and I once had a ‘run in’ with Noel Rock, but in fairness to him he took on TM and their resale sites and may have even succeeded in getting shut of their official tout site, Seatwave.
The “hated ticketmaster” as the Irish Times called them in relation to their sale of tickets on behalf of Rugby teams in Ireland.
It must be for new ticket purchases. I received a full refund from them this morning for a rescheduled gig.
@Alex McDwyer: hi Alex,
I emailed them about a refund for a rescheduled gig but was just given directions to a FAQ link. Do you mind me asking how you got the refund ? Thanks
Haven’t been to a concert in a decade. Do they still charge an extra fiver above the advertised price for selling you the ticket?
Terms and conditions can not be retrospectively changed. It’s a contract.
GAA up to same trick with season ticket holders. So much for ” we are all in this together “
If this is what we’re likely to expect from Ticketmaster, I dread to think how the likes of Viagogo are going to respond to this crisis.
Horrible company with a bit of luck they wont last through this pandemic
Does anyone know what happens if I sold tickets through Ticketmaster and was due to be paid after event took place, that event is now re scheduled to end of year, do I now have to wait till then to get paid. I got notification of the reschedule but as far as I’m concerned, tickets are sold to third party and I got confirmation of this, but as per Ticketmaster email,, I don’t get paid till after this concert.
Typical money grab by ticket master, when ticket is purchased you enter into a contract with Ticketmaster, these new terms and conditions only matter to me contracts paid for from when changes announced, going by their logic you can change how much you pay back the bank depending on how much your earning
I bought tickets for All Together Now and the Pixies in Galway. Sent email to Ticketmaster customer service requesting refunds but not heard anything yet. I definitely don’t want to commit to the rescheduled All Together Now festival for 2021. Though the event info for Pixies on ticketmaster reads Sold Out nothing about a rescheduling or cancellation….social distancing definitely won’t work for a Pixies gig . Also fighting with Ryanair for refunds for cancelled flights. Can these companies legally change refund policies? I know these are extreme circumstances but if a customer doesn’t receive services that they paid a sizeable amount of money for surely refunds should be given if the customer doesn’t want vouchers
You can take Ticketmaster to the small claims court for breach of contract
Filthy
@pablo: yeah?
@filthypete: hahaha there you are !
Ah its only the booking fee
@richard fennessy: it’s not the point, the booking fee can be anywhere from €5 to €10 in my experience. Multiply that by thousands of event goers and they are pocketing a nice bit of change. I don’t think this is legal as you cannot break/change a contract you have already agreed to.
I just got a refund confirmed today for a rescheduled event.
@Thomas Maher: hi there ,
How did you manage to get the refund ? I sent an email over a week ago and I didn’t get an answer.
Thanks a million
It’s just the booking fee
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