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INJUSTICE The
following is a true and accurate account of the appalling way in which my
wife and I were treated by solicitors and barristers. I complained to the
OSS in the summer of 1999, but, like all claimants who lodge a complaint,
received no joy whatsoever. When I received a letter from the compensation
fund which said that they were not responsible for the criminal actions
carried out by the solicitors, ie, falsifying plans etc, and altering our
deed plan to benefit another party, it was the final straw. I have a copy
of that letter if anyone wishes to see it. I continued to press the OSS, I
wanted answers, and were not getting any. Finally they agreed to put my
case before a Local Conciliation Officer. He informed me that the
solicitors in question were being very uncooperative in helping him with
my case. When I handed the LCO my full case file of documents he could see
why they were so uncooperative. Later in a telephone conversation to me,
he said that my wife and I had been treated appallingly, and it had got to
be the worst case of solicitor negligence and misconduct he had ever seen.
What made the case more severe was the number of solicitors involved and
how some of those solicitors had covered up serious misconduct by others.
Unfortunately the LCO working on our case was taken ill, and
the case went back to the OSS. Since September 2003, I have heard nothing
despite letters, faxes, e-mails and tel calls. At the end of the day my
wife and I have lost land registered to us, lost legal rights ie,
access/egress to our property, which is yet unregistered and we now cannot
register because neighbours extension obstructs 3 metres of our "right to
pass", and that initself has severely devalued our property. In addition
to those losses I have lost earnings through time off from work and
solicitors costs exceeding £12,000. On top of all this is the
enormous stress which my wife and I have been put through this last 7
years, and no light at the end of the tunnel.
__________________________________________________________________________________________________________________________________________ The situation is as follows. The land between the
neighbour's opposite, and us was a section of ransom strip land retained
by builder for future access into field East of the two properties. This
ransom strip is clearly shown on plans. We have access/egress rights over
this land contained within our title deeds, the neighbour directly
opposite does not, because they have their own access to
highway. In 1988
the owners at the time were granted p.p. to extend their property at the
northern side which abuts the ransom strip. Plans lodged with Council
confirmed that their original plot width was not wide enough to
accommodate the extension, in other words it would mean encroaching onto
that ransom strip, and thereby obstructing our reverse egress. The Council
is very much biased against us, and did not inform us of the application.
When we first knew about it in Feb 89, it had already been passed 3 months
earlier. However
the occupants did not proceed with the extension, and our legal egress
remained intact, albeit it was grassed area where we reversed. In 1991 the
owners sold the property, and I anticipated the new owners would proceed
with the extension, as the application was still valid. The original p.p.
however elapsed in Nov 1993 without any attempt to begin the extension.
However the new occupant erected a fence on the ransom strip, well away
from boundary on his LR plan, thereby blocking our reverse egress.
I would
have pulled the fence down myself, but was prevented from doing so by my
wife, who being a sensitive person feared retaliation from the neighbour,
as we had had a previous confrontation when he returned home drunk. I
instructed a solicitor, who in turn wrote to the neighbours explaining the
situation, and provided details to back up our claim. Instead of replying
in a civil like manner, the reply from their solicitor was arrogant and
bombastic. He stated that his client's fence was erected well within the
confines of his client's boundary, and did not obstruct a right of way, or
any land intended as such, and that our claims were completely unfounded.
However in a defence statement lodged with WCC in May 2001, he claims that
his client does not own the land, i.e., the builder retains
it. Our
solicitor informed us that although we had a "right to pass" over the
land, the land in question was not owned by either us or the neighbours,
and we would need to purchase it from the company who were handling the
builders affairs since going into receivership. This we agreed upon,
provided we recouped our loss/expense from the neighbours who in reality
were at fault. Our
solicitor was really dragging his heels, and I sensed he was giving way to
the neighbour's solicitor inasmuch that he was reluctant to pursue any
claim on the neighbours for our loss. I had it in mind that once we had
purchased the land, I would remove him from the case, and contact the
neighbour's solicitor directly, however I received the same abusive, and
arrogant replies. At
about the same time I instructed a Morton Fisher solicitors to bring some
form of action on Council for failing to follow up enforcement on builder,
and for granting a planning application which infringed upon our rights,
although previous p.p. had elapsed. I wanted to make sure the Council did
not pass a second application without our knowledge, so we could lodge an
objection. Morton
Fisher instructed a barrister, however there was along delay in the
barrister replying, but when I received the barrister's opinion, I sensed
why it had taken so long. I also sensed some "funny business" going on
between that barrister, Local Council AND the neighbour's solicitor, even
though the neighbour's solicitor was not in any way involved with this
particular action. The barrister's opinion contained nothing more than
blatant lies, (see MF list), and it was obvious he was biased to both
Council and neighbours solicitor. When I complained to the Bar Council and
later the LSO, they denied the barrister concerned had been in contact
with the neighbours solicitor, however in 2000 I discovered that plans of
the neighbouring property were contained within our title deeds, SIGNED
AND DATED by Morton Fisher. I also noticed that the deed plan in our
conveyance was not the original plan, moreover someone had altered it, and
then recopied it. After receiving a copy of our deeds from MF, it became
obvious that that someone was the barrister MF had assigned. Various items
on the original plan were missing, and our plan had been creased/folded
down the centre to reduce the extent of our "RTP". Missing items on plan
also matched the missing items on a plan D. Greer
concocted. The
solicitor or barrister had copied our original deed plan, made alterations
to it so as to benefit the other party, recopied it, then returned it to
our BS in the title deeds as being the original plan. However they forgot
to colour in the "RTP", area, which was coloured red on the
original. In the
summer of 95 I wrote to neighbours solicitor about fence obstruction and
forwarded a surveyors plan to confirm that fence was obstructing a "RTP".
Again his replies were of an arrogant, bombastic nature, denying that his
clients fence was obstructing a right of way, as it was erected well
within the confines of his clients boundary. He also said the surveyor's
plan and notes meant nothing, as it was neither here or there. This will
give you some idea of the idiotic fraudster we have had to contend
with. My wife
and I realised the only way to resolve the issue would be to register our
property with the Land Registry the following year and hopefully it would
be established that neighbours fence was way past his official boundary.
That encroachment and obstruction would have been an issue in the
registration. We took out legal insurance cover in Jan 96 to cover any
possible legal action, however in the June of that year, just as I had
expected, the neighbours re-applied for p.p., using the original plans
from 1988. This time the Council did notify us, and we duly lodged an
objection on the grounds that neighbour did not own the land, and
extension, as shown on plans, would further encroach onto our land in
addition to obstructing our reverse egress, which was currently obstructed
by the neighbours fence. However
because Council were 100% biased to the neighbours, and their solicitor,
who incidentally has close ties with Council, and 100% biased against my
wife and I, we needed to take urgent action. The Council Planning Dept
were beginning to "bend" the rules/regulations in favour of the
neighbour's and their extension, in addition to the false plans lodged by
the neighbours crooked solicitor to which they turned a blind eye, (see
condensed history). I therefore instructed GPB to use the legal insurance
so as to lodge an injunction against the planned neighbour's extension,
before the corrupt Council passed it. However he had not got a clue, and
failed to grasp the situation, and the need for urgent action. He did work
I told him not to do, and to cap it all he sent us a bill for £600 after
writing 2 letters, and to make matters worse he had addressed it to the
neighbours we were in dispute with. I queried the bill and asked for a
breakdown, but he never sent one. I was annoyed at his blunder, but then
he sent other mail to the neighbour's address. In 2000 the legal insurer's
sent me copies of letters dated 1996, and addressed to me and my wife via
this solicitor, however we NEVER received those letters at the time, so I
am beginning to wonder just how many other letters he did send to the
neighbours address. The
Council passed the neighbours planning application on 6 Nov 96, and GPB
had done NOTHING, despite numerous letters and phone calls from both
myself and my wife, and as his legal costs were covered by the legal
insurance. At the same time I also complained to the LGO asking why the
Council were considering this planning application after supplying a
surveyor's evidence that it encroached and obstructed our "right to pass".
I also
sent the LGO photographs, LR plans, title deed plans etc and the hard
evidence that plot width on deed plan submitted by neighbours solicitor
did not in any way correlate with plot width on their official Land Reg.
plan. The LGO contacted the Council Plan Dept, however they referred the
Ombudsman to their original plan submitted in 1991 as being "an
approximate survey". That plan was of course wholly incorrect, and had
purposely been drawn incorrect by the Council, to make it appear that our
"right to pass" was well outside the area of planned extension, when
clearly it was not. If Ombudsman had overlaid this false plan submitted to
him by Council with the official Land Reg. plan at the same scale, it was
CLEARLY obvious plot width had been made wider. The LGO however denied
that Council had been negligent, as there was no bias, and there had been
no maladministration. In
March 97, with neighbours extension fully built and occupied, we removed
GPB from the case and instructed Rowberry Morris, as recommended by the
legal insurers. The following month neighbour moved boundary fence further
onto our land in order to accommodate path at side of extension. Within a
few weeks I began to realise that this solicitor, although he had a better
grasp of situation than previous one, was somehow not working in our
interest. I sensed that some other party, namely the Local Council, was
influencing them. As the matter progressed it became more and more obvious
they were not working in our interest by refusing to admit Council were at
fault, even when shown the evidence, and denying that neighbours solicitor
had altered plans etc, again after showing them the evidence of
falsification. They told me not to concern myself with what the other
party's solicitor had done, as they would deal with his conduct, but
apparently they never did. In the
summer of 97 the former solicitor GPB issued a summons on me for non
payment of his bill, but again he had got my name wrong on the summons,
and then sent another summons to No 7 Chestnut Close, and WE ARE No 17.
Someone had again opened this summons, so other individuals had again
viewed the VERY PERSONAL enclosures within it. After 2 years he could not
get either my name, or address correct. I lodged a counterclaim against
solicitor for our loss due to his disastrous handling of our affairs. At
the County Court, (case No SV850106), I informed the District Judge that
any costs which solicitor claims are owed to him should be recovered from
neighbours. It was agreed that GPB's claim should be consolidated with our
ongoing claim against the neighbours, after all it was part and parcel of
the same thing. Into
1998, and Rowberry Morris continued to drag the case on, and nothing
appeared speedy at all. In the summer I travelled to Bristol to have, or
so I was told, a conference with the barrister whom RM had instructed. As
soon as I walked into his office, I knew there and then that this
barrister was in no way working in my wife's interest and me. I thought a
conference with barrister was to discuss all the topical issues with our
case, but what took place at Bristol was pathetic. It lasted no more than
10 minutes, and barrister was in no way concerned with our loss of land,
and rights to No 17. In
April 99 the case was due to be heard at W.C.C. However our barrister
became really aggressive towards my wife and I, forcing us not to take the
case into court. He applied so much pressure that it reduced my wife to
tears. I was very, very angry that I had spent 3 years supplying hard
evidence to support our case for the solicitor and barrister to
adopt this attitude. It was clearly obvious that he was not acting in my
wife's interest and me, and it would have been pointless proceeding into
court with someone very much biased to the other side. Previously this
barrister and solicitor had removed all the hard evidence of
wrongdoing/fraud by the other parties solicitor and Council, and I had my
doubts there and then. However our Legal Insurer's informed me that they
were working in our interest, which of course was a load of BS. Our
barrister informed us on day that if we wished to proceed with action on
the neighbours, then he could not act for us, and we would have to find
another solicitor and barrister. Countless people I have spoken to have said, it would appear the
solicitor/barrister have received some backhander to keep case out of
court, so as not to expose the corruption that had taken place. I could
not agree more. We could not adjourn hearing on the day, to find another
solicitor/barrister, as it meant we would have to pay all legal costs for
both sides up to that day, and as we were both unemployed at the time, we
could not possibly afford it. I
therefore lodged a claim against GPB for failing to act promptly in the
first place, and lodge an injunction using the legal insurance cover
BEFORE the application was passed by planning officials on L.C. However I
was disgusted to find that the hearing, before a district judge, was
totally unfair inasmuch as the judge refused me permission to speak a
single word and put my case forward. I sensed more corruption/cover up
creeping in. Due to
the unjustness of the DJ, I lodged an appeal, which was heard before a
circuit judge at WCC in Feb 2000. CASE No SV850106. Although the judge had
ample evidence of failings by GPB, he removed all blame on that firm of
solicitors, and blamed the Legal Insurer's for failure to cover legal
costs for an injunction. We therefore had to pay debt and cost's in full
on 18 April 2000. The Insurance Ombudsman however denies that the
insurer's are at fault. If neither GPB nor the Legal Insurers were at
fault, then I would like to know exactly who is. At
about this time, I lodged a complaint with the Law Society and their
complaint's dept, regarding all the solicitors involved including the
other parties solicitor. No joy whatsoever. I then lodged a case to "set
aside" the order forced upon us by RM and the barrister back in April 99,
on the basis that our lawyers were not acting in our interest and the
"order" made on the day had been forced upon us by duress. I included in
our case file all the evidence that had been removed by RM and the
barrister. The
circuit judge who sat on bench WAS NOT the original judge on the case back
in April 99, neither was he wearing his wig, as all circuit judges should
do when hearing a case. I fully believe that some other judge was
purposely put in place to reject our case for "set aside". What made me
more convinced was that he refused point blank to look at the evidence of
fraud by the other parties solicitors, and turned a blind eye to the
perjury committed by those solicitors, inasmuch as the blatant lies
contained within their defence file/sworn oath. Again the judge refused us
a "case for set aside", and again we had to pay the other sides costs
amounting to £700 on 1 Aug 2000 So you
see not only have we suffered at the hands of crooked solicitors and
barristers but also it would appear judges of a high stature are also
covering up the wrongdoing and fraud perpetrated by the so called legal
profession. We were then stuck in a situation whereby we had a building
extension obstructing 3 meters
of our
"legal right to pass", £12,000 out of pocket, stress to both myself and my
wife who has had breakdowns over the issue, AND STILL THE PROBLEM IS
UNRESOLVED, as we cannot register our property with the Land Registry
whilst the legal "right to pass" is obstructed. More substantial costs
will be needed to right the situation, redrafting title deed plan,
purchase of additional land, and costs for resurecting a access/egress
elsewhere. We sent
no more letters to any solicitors, however I continued my claim against
the Legal Governing body, ie, the OSS. They dilly-dallied, and it was only
when I threatened to notify a newspaper of the appalling way in which we
had been treated, they suggested a Local Conciliation Officer. Details
were shown to the LCO in Nov 2001, however 12 months on, and I am still
waiting for his report. He admitted in a telephone call that it was the
worst case of professional misconduct he had ever come across. In early
2003 that LCO was taken ill, and our file has gone back to the Solicitors
Practice Unit, however I have heard nothing since Sep
2003. In Nov
2002 we receive a court summons from GPB to make an order to pay £9,000
debt and costs for case No SV850106, nearly 3 years after the debt and
costs were paid in full. How can they do this after almost 3 years? In
February 2004 a court ordered deductions from my salary at the rate of
£200 a month. LISTED
BELOW ARE THE FAILINGS/MISCONDUCT OF EACH OF THE SOLICITORS/BARRISTERS
INVOLVED, AND OF COURSE THE LOCAL AUTHORITY Copied
his clients deed plan, and redrew the Northern boundary line further out
from the original boundary line, so as to make it appear his client had a
much
wider
plot than what was originally conveyed. True boundary line is clearly
visible on his concocted copy of the two plans placed side by
side. Submitted re-copied plan to a solicitor acting in our interest,
as being a genuine copy of his client's plan. Denied
that his client had obstructed the legal "right to pass" contained in
title deeds for No 17 Chestnut Close, even when shown surveyors
plan/notes.
Denied
the solicitor acting for my wife and I any access to inspect his client's
deeds at his office, in particular the conveyance plan for No
19. Collaborated with a barrister supposedly working in our interest
and also the Local Council in order to commit fraud by altering the deed
plan for No 17. This is confirmed by a copy of the altered deed plan for
No 17, which he sent to Rowberry Morris in 99, yet he never had access to
deeds for No 17. Copied
a Land Registry stamp onto his ridiculous concocted plan to make it appear
as though the Land Registry had approved it. He then submitted this false
plan with his clients planning application in the summer of
96. Instead
of lodging a correct copy of his clients Land Registry plan, ref.
(HW94700) with his clients planning application, he copied the Land
Registry plan for the land WE had to purchase, ref. (HW152363), then drew
a red line in felt tip way past his clients boundary onto the land we
owned. His letter, which accompanied the false plan, stated that his
client owned the land in red. As a
result of his actions in first paragraph, the altered plan would not
correlate with the official Land Registry/O.S. scale 1:500 plan. When
lodging plan with his clients planning application, he therefore purposely
reduced the plan in size by 25% so plot width appeared the same as on Land
Registry plan. Planning regulations stipulate that when applying for property
extension, the applicant MUST submit to the Planning Authority a Siteplan
Pack from the O.S. Up to six copies of both block plans (1:500 scale) and
location mapping to a (1:1250/1:2500 scale) are required when applying for
planning permission.
No such
Siteplan pack was submitted with his clients planning
application. Denied
the Halifax Building Society the right to inspect his client's deeds,
following solicitor's letter and possible injunction. Consequently the
Halifax withdrew the mortgage cover for planned
extension. Did not
use either his clients true deed plan, or his re-copied false plan when
registering the additional land his client purchased to the rear of plot.
Had he done so, the anomalies would have been
exposed. Dept of
Environment brochure clearly states that NO building should commence over
a right of way, unless an "order" has been made to extinguish or re-route
the right of way. No such "order" was ever made by either D. Greer or
Council. Mr
Greer also has the audacity to inform the Land Registry that I should be
in prison for lying to a judge. If anyone should be behind bars, it should
be himself, for the colossal fraud he has committed, and collaborating
with other parties to knowingly commit fraud, and
perjury. Committed perjury in the summer of 2000, by claiming, in a sworn
oath, that Land Registry had abided to the "order" forced upon us by the
barrister in April 99, when they had done no such
thing. Admitted in sworn statement that his client DID NOT OWN THE
STRIP OF LAND upon which he has built extension and path at side. This is
after countless letters since 1995 whereby he claimed that his client's
extension would be built on land WELL WITHIN THE CONFINES OF HIS BOUNDARY,
AND WOULD NOT OBSTRUCT A RIGHT OF WAY, OR ANY LAND INTENDED AS SUCH. He
now admits it AFTER THE DAMAGE HAS BEEN DONE, and loss of our legal
rights.
_________________________________________________________________________________________________________________________________________ My wife
and I instructed the above solicitor, in late 94. He in turn instructed
the named barrister, to bring some form of legal action on Council for
failing to follow up enforcement notice on builder, and/or granting the
occupants at No 19 permission to extend their property onto ransom strip
land in Nov 88. That action would clearly obstruct our legal "right to
pass", yet my wife and I were not informed of the planning application.
The first we knew was in Feb 89, which is over four months after p.p. was
granted. Failed
to act in client's interest, and biased towards Council and No 19, by
bending the factual evidence in favour of both Council and occupants at No
19. Collaborated with both Council and neighbours solicitor,
confirmed by the undue delay, and comments in his opinion which are "word
for word" identical to comments made by No 19's solicitor, and yet neither
Heath or Rumney had access to letters from David Greer addressed to
me. Collaborated with both David Greer and Council to fraudulently
alter the deed plan for No 17 by creasing/overlapping it in the centre,
thereby reducing the distance of "right to pass" area. The altered plan
was then re-copied and returned to our Building Society as being the
original plan, however they forgot to "colour in" the right to pass area
with red on the re-copied plan consequently it did not correlate with the
wording in title deeds to No 17. This is confirmed in a letter sent to a
later solicitor from Land Registry. Mistakes in plan also appeared in
David Greer's plan, (see para 5). Abuse
of Legal Aid funds amounting to over £4,000. Refused
to hand over client's case file in 2000, because, as they quoted, "There
were documents and letters in file, which I was not allowed to see". If
that isn't downright suspicious, I don't know what
is. It was
totally wrong for Morton Fisher to instruct the barrister to act, as that
barrister works solely FOR, AND IN THE INTEREST OF LOCAL
AUTHORITIES. In his
opinion Rumney said that there was no reference to enforcement by Council.
That is incorrect, because there were two letters in the file. He went on
to say that we were never granted any rights over the land question. Again
that is incorrect, as the legal conveyance states a "right to pass" at all
times over the land. This is regardless of whether the land is grass,
tarmac, concrete or whatever, and regardless of whether it crosses other
land. That
"right to pass" is on ransom strip land, which the occupants at No 19 have
encroached upon, and systematically claimed. He also claims that the
occupants at No 19 own the grass strip to the side of their
property. If that is correct then why have their solicitors, in a defence
file, stated that their clients DO NOT OWN THE LAND. Rumney also denied
that he had been in contact with the Council and neighbours solicitor, can
he explain therefore how plans to the other property are contained within
our title deeds, SIGNED AND DATED BY MORTON FISHER. Counsel
opinion from Messrs Rumney contained nothing more than blatant lies. It
was that lies and deceit, which prevented the Legal Aid Board to consider,
further funding towards a hearing. In a nutshell Rumney had blocked any
possible chance of exposing the corrupt officials on Planning Department,
by himself committing fraud, inasmuch as attempting to alter the plan for
No 17. Photocopied other clients confidential files/documents, which
had absolutely nothing at all to do with our case, then mistakenly
included them within our title deeds and returned them to our
Building Society along the with altered deed plan. If they call this
a LEGAL PROFESSION then God help us.
________________________________________________________________________________________________________________________________________
Solicitors my wife and I instructed in the summer of 1996, to
lodge an injunction against neighbours planned extension to side of their
property, and further encroachment by neighbour onto former ransom
strip/right to pass land. Failure
to act in client's interest, and get a grasp of the situation
involved. Failure
to act to client's instructions as regards injunction, despite frantic
letters and phone calls from both my wife and myself. Wasted
both time and money requesting plans/details from Council, when he had
been handed/shown copies of the details he required by myself in July
96. Wasted
time and money investigating planning blight, BEFORE extension was built,
instead of lodging an injunction against its construction
ASAP. Failure
to return telephone calls to either myself, or the legal insurers at the
most crucial time, and whilst legal cover was in force, as well as failing
to reply to letters from both myself and my wife. Doing
alleged work they were told not to do, and corresponding with other
parties after being told not to, as they were biased towards the occupants
at No 19, and would tell him a totally different
story. Bias
towards neighbours at No 19 as confirmed in remarks made by Mr
Newbold. Supposedly doing work on the case, (although I cannot see it),
when distinctly told not to do so until legal cover was in
force. Invoicing for work supposedly done during OCT/NOV 1996 when
legal cover was in force. Forwarding bills for alleged work done to, of all places, the
neighbours who we were in litigation with, and failed to forward a
breakdown of bill as I had requested. Forwarding a soft, pathetic letter to occupants at No 19
threatening injunction proceedings without any intention of following it
through, and after being told not to write any letters to neighbours,
their solicitor, or Local Authority. Was
inclined to believe the lies and other BS emanating from both neighbours
solicitor and Council, instead of the factual evidence I provided to him
on the first day. For example neighbours solicitor told him that fence had
been in existence since estate was built in 84. However in 1995 in a
letter to me, D. Greer claimed that the fence had been "recently erected"
He should have known there and then that D. Greer was
crooked. Spending only 2 hours on the case between Oct 96 and Mar 97, the
most crucial period, and at a time when legal cover was in
force.
Going
on holiday for 3 weeks at the most crucial period, without informing me,
or leaving anyone to take charge of our case whilst he was
away. Failure
to forward on letters from Hambro addressed to my wife and I, and
abuse/misuse of legal funding provided by Hambro. Forwarding very personal details on the case to yet another
incorrect address in Chestnut Close whilst awaiting court proceedings. The
very personal content had therefore been exposed to yet another
party. Forwarding a letter informing me not to take legal action on
them, or report their failings/incompetance to the Law
Society/OSS. When
issuing a summons for alleged non payment they even failed to get my name
correct after 4 years Failure
to hand over the client's file when all monies had been
paid. Fraudulently claiming debts and costs FOR 10 TIMES THE
ORIGINAL AMOUNT, by submitting the claim again through another court 3
YEARS AFTER DEBT and COSTS HAD BEEN PAID IN FULL.
See
the case file used
in our claim against this solicitor
________________________________________________________________________________________________________________________________________ Solicitors whom my wife and I instructed in April 97, to
continue our claim on neighbours for trespass/damage and loss of our legal
rights. Our legal insurers recommended this solicitor.
Failure
to act in clients interest, and biased to the other
party Failure
to reply to letters/phone calls regarding undue
delay. Removing vital evidence, plans/photo's etc, to weaken our case,
and thereby make the neighbours case appear stronger. Ignoring wrongdoing
by Council, and serious misconduct by neighbour's
solicitor. Abuse/misuse of funds provided by legal
insurance. No
conference with barrister prior to hearing. Failure
to hand over clients case file papers/letters. Revealing to the defendant's solicitor's personnel letters from
myself to R.M., and failing to forward copies of defendants correspondence
to me and my wife. Purposely delayed the hearing until 29 April 99 when judicial
laws changed. Counsel
denied any knowledge of my counter replies to defendants witness
statements, which proved all, had lied under oath with their
statements. Counsel
refused to take our case into court, and made the remark "If that is what
you want then I am afraid I cannot act for you". Why wait until the
hearing day to inform me he was not going to take the case into court?
Because if he had of done, then I would have gone elsewhere. He did it to
suppress the wrongdoing by Council, and the fraud, which had previously
taken place between the defendant's solicitor, Council, and a previous
solicitor/barrister in 1995. I did
not spend 2 years supplying the solicitor with ample evidence of
wrongdoing by the other party, their solicitor, and Council, for them to
side with those parties, in other words by refusing to act in our interest
on the hearing day. Had the case gone into court, then all witnesses would
have been guilty of perjury. It would have been pointless proceeding into
court with a barrister who was most certainly not acting in me and my
wife's interest, and we could not adjourn the hearing to find other
solicitors to act for us, because it would have meant paying legal costs
for both sides up to that day, and this we could not afford.
Why has
neither the surveyor we instructed, or the defendant's surveyor passed any
comment on the defendants alleged deed plan, and only on No 17, ie, why
wasn't the defendants alleged deed plan in either of the surveyor's
reports? When I
informed Mr G that the copy of our deed plan sent to him by David Greer
was not the original, and had been altered with, why did he begin to make
excuses, and dismissed any suggestions of alterations, even when they were
plainly obvious, as I pointed them out to him? Why did
Counsel suggest an amended surveyors report to make our case as strong as
possible, as the defendants evidence was "very weak", when the amended
report had, had the hard evidence removed from it, and why make this
remark if he had no intention of acting in our interest on the hearing
day? Where
did acting surveyor obtain copy of title plan for No 17 as shown in his
amended report, it is not the same as in his first report, neither is it a
copy of plan held by our Building Society?
See
the case file used in our claim
to "setaside" the order forced upon us by this
solicitor/barrister.
_________________________________________________________________________________________________________________________________________ Failure
to follow up 2 enforcement letters on builder to correct the service drive
in order to comply with all approved plans, and service drive regulation
plans. Granting the occupants of No 19 planning permission, in 1988, to
build an extension on 3 metres of the legally conveyed "right to pass" ie,
reverse egress from No 17 Chestnut Close, without informing the occupants
of No 17. Occupants at No 21 were informed, and yet it in no way affected
them. Forwarded a false plan of the site area to the Ombudsman as
being "an approximate survey", when clearly it was not. They had simply
measured the distance of "right to pass" from front of No 17, and made
sure that the southern section was not covered by planned extension on
this false plan by placing the two properties 3 metres further apart than
they actually were. Collaborated with defendant's solicitor and a
previous solicitor/barrister supposedly working in
our interest, to fraudulently alter deed plan for No
17. Working
in conjunction with defendant's solicitor they concocted a plan using the
deed plan for No 17, and alleged deed plan for No 19. The plan was wholly
incorrect, nevertheless they copied a Land Registry stamp on it to make it
appear it had been approved by Land Registry, then placed it with the
planning file. Totally
ignored our objections, backed up with surveyors notes, when current
occupants, (the defendants), re-applied for planning permission in the
summer of 96. Totally
ignored the Dept of Environment regulations regarding rights of
way. Totally
ignored the regulations regarding minimum spatial
separation. Totally
ignored the six-block plan required for planning permission.
Totally
ignored the Parish Council's objection that site was to
cramped. Totally
ignored the Building Regulation as outlined in delegation
notes. Turned
a blind eye to the false plans lodged by defendant's
solicitor. Failed
to put our objections before a planning committee, because they knew the
true facts would be exposed. Offered
free legal advice to the defendants as regards our
objection. Advised
the defendants to change from planning permission to planning development,
so that the Council could not refuse the application. Forwarded a letter to Local Government Ombudsman with false,
unproven statements regarding the vehicular egress from No
17. Failure
to take into account overall plot width of plan lodged with the planning
application, when scaled against plot width shown on applicants Land
Registry plan. LISTED HERE ARE COMMENTS MADE BY VARIOUS PEOPLE WHO I
HAVE CONTACTED ABOUT THIS SAGA "It
wouldn't surprise me if money had changed hands regarding the evidence of
tampering with your title deed plan. I can see the plan has been tampered
with, you can see it, and so can D.I. Bartlett. However it is the
responsibility of the Law Society to deal with such issues". D.C.
SUMMERTON, WEST MERCIA POLICE "Judge
Dickenson said that their was no legal cover in force for solicitor to
lodge an injunction, however having spoken to Hambro this morning, it
would appear that statement was incorrect, and it was therefore wrong for
judge to make the remark". OPINION FROM BARRISTER SARA
MILES "It
would appear that although legal cover was in force, your solicitor failed
to act promptly, and to contact Hambro with full details of the cover
required to proceed with an injunction before the extension was built.
Having first applied for legal costs to pursue a claim for planning
blight, he then reapplied some time later for further legal costs to serve
an injunction, when in all sense and reason it was to late, as building
was complete. I find the insurers not at fault and suggest you refer the
case back to court" INSURANCE OMBUDSMAN "Although I have not seen your evidence, I believe everything
you say. I used to live at Evesham, and knew at the time there were some
"funny going's on" within the Planning Dept at Wychavon Council".
TEL CONVERSATION WITH A SOLICITOR BASED IN
BIRMINGHAM "I
think you and your wife have been treated utterly appallingly by the legal
profession. This has got to be the worst case of professional
negligence/misconduct I have ever encountered in my time as an
investigation officer for the OSS. The solicitors concerned are very
uncooperative, and it would appear they are "covering up" for other
parties" MR WILLIAMS RETIRED SOLICITOR AND LCO FOR THE
OSS. "Phew
what a can of worms. We would like to publish your story, but cannot do so
whilst legal proceedings against you are in progress. We would need to
speak to you first in order to condense the vital facts down into a more
compact form for publication. I think emphasis should be placed on the
governing bodies failures more than the individuals". JOURNALIST WORKING
FOR AN ESTABLISHED NEWSPAPER. "That
is disgusting. The whole saga stinks rotten to the core with corruption
and cover up. I think you should be entitled to compensation for your
solicitors incompetence, fraud, failure to act in your interest and loss
of your legal rights" USUAL REPLY I GET FROM PEOPLE WHO ARE TOLD THE FULL
STORY. NOTE I am not looking for
compensation/redress, as I would much sooner things be put back as they
were. I expect solicitors and barristers that I instruct, to act in me and
my wife's interest, instead of bending the rules to benefit the other
party, and thereby cover up serious misconduct by their solicitor and
Local Council. I also expect judges to: - A)
Allow me to speak and put my case across in accordance with rules of
natural justice. District Judge Dickinson. B)
Refrain from blaming some other party because they believe solicitor's
tell the truth in court. Circuit Judge Cavall C) Look
at hard evidence of failure/misconduct to prove a claim for "setaside",
instead of refusing point blank to look at that evidence. Circuit Judge
McEvoy If
solicitors had acted in our interest, and promptly, then extension would
not have been built, and our legal rights, and registered land, would
still be in our possession, neither would our property have been devalued
by a grotesque view of neighbouring gable end. |
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