An A4 summary is here of a story that involves greedy neighbours, corrupt solicitors and a most questionable Law Society.
In my case a neighbour started a dispute over a fence, but it was really about the right of way. They could not and would not accept our legal entitlement to use and enjoy our property. In 2004 they took legal action in a court outside our county. I wrote to the court explaining our situation and asked for an open hearing. As the claimant applied for a closed hearing, this hearing was granted, on the 29th of July 2004 before Mr Recorder Worster, a circuit Judge who reserved judgement, as we had no legal representation.
The case was adjourned until we had representation to present our registered Title absolute before the court, together with a legally binding covenant in perpetuate, granting rights of way to use and enjoy for all purpose. We had been hounded, threatened, harassed and intimidated the year before legal action was taken. The judge at the hearing did not accept the claimant’s claim, nor did he grant them cost for that day’s proceedings, stating he would hear a separate claim for cost upon the matter returning to court, and stated that it may well be that the defendants (us) are entitled to costs. He also gave his express permission twice to us for the order to be discharged. He also set it down for a case management hearing, and also set the matter down to be heard before a district Judge. He said the claim rested on the position of the boundary.
We knew then, when the matter returned to court, the claimant had no chance of proving their claim. We enlisted the service of JM Taberner, senior partner of Angel & Co of Coventry.
We could not remember all that had been said at court, but the very next day we received in the post from the claimant’s solicitor an A4 piece of paper with 3 different sets of hand writing on it and a red court stamp. This was not what the Judge had ordered or directed.
We pleaded with JM Taberner to have the matter discharged and to send for the Judgment and the transcripts.
We never did receive that Judgment. Instead our former solicitor colluded against us in a campaign of intimidation, threats, harassment, video filming us 24/7, constant photographs being taken, false allegations made to the police, etc. We both became very ill. I had a break down. Our solicitor drew up a consent order agreeing to pay 75% of the claimant’s cost, and copied our rights from our Registered Title plan to agree to have them relinquished. After he humiliated us, he dumped us, leaving us to deal with demands for money they both knew we did not have. They then proceeded to apply for charges to be put on our property, although we have no charging order certificate or under what provision they were granted.
I eventually got my hands on the Judgment of the 29th of July 2004. It was clear to see that both these solicitors perverted the course of justice. He signed consent on our behalf without having power of Attorney and whilst I was not of sound mind to understand what was going on.
I complained to the Law Society. It was to be another year later when I contacted them again because I was too ill and on medication. The case worker set us up with Actons solicitors. They agreed to take the case to sue our former solicitor on a private retainer basis. I did not know what that meant. But if it was going to put things right then that was all I wanted.
Of course there was not enough equity in our property to pay the vast sum of £48,000. We were the mortgagees, and by this time we had an IVA agreement which protected us from losing our home, because our former solicitor tried to encourage us into bankruptcy after he had signed a consent order drawn up by him, not the court.
Whilst Actons were pursuing a claim against our former solicitor on the 6th of November 2007, the neighbours applied to enforce the charge they claimed to have over our house form 2005. We provided reports from our GPs detailing the damage to our health as a result of the action, and losing our home would extremely detrimental to our health.
Actons asked us to provide a redemption certificate to prove there was not enough equity in our house to enforce a charge. The up shot was the claimants got a court order, not a possession order, but we were led to believe it was a possession order. We moved out of our house December 2007. The property was to be sold and the claimant’s solicitor was to handle the sale. The claimant pleaded financial hardship to get the judgement. The claimed charges were to be paid out of the sale and the outstanding mortgage. We were told to send our key to Actons which we did. In 2008 my partner’s health was more serious than we had first thought. Tests revealed she had lung cancer.
Actons then served a discontinuance in the claim against our former solicitor, who then came after us for his costs to date, whilst my partner was having a life saving operation in Nottingham City Hospital. Hounded, I pleaded with the Law Society, the same case worker Simon Gilroy, to help us. He told me I would have to go and see a solicitor.
Although Actons found our former solicitor guilty of 15 different breaches of codes of practice, and breaches of confidentiality, they failed to deal with the criminal aspects of our former solicitor’s actions perverting the course of justice and fraud on many different counts, together with the claimant’s solicitor.
Some time later in June 2008, I found out by accident that our former solicitor JM Taberner applied to Nottingham court for a default notice against us for over £14,000. He was granted it, but sent it to our previous address, where those who took our house had access to the mail. Our former solicitor knew our new address. After all it was his actions that made us homeless in the first place.
I later found out that the law firm our neighbours used DLA Piper Rudnick Gray Carey LLP, an international limited liability company, do not handle residential disputes such as ours was. I also found out that our neighbours were company directors of Andbridge International UK Ltd, a development company and also a retired company directory of Cortina plastics, and another member of the family company Secretary of Cortina Plastics. These were the ones that pleaded financial hardship.
My partner was forced to apply for bankruptcy as we could not afford to pay rent and a mortgage for a house we no longer lived in, plus the financial strain was affecting her already poor health.
Some time later that year 2008 Actons wrote to us to tell us we had a negligence claim against them. This I believed was to lead us into more dangerous territory. I contacted the Law Society only to put through a further year of stress and relapse in my mental health. They found our former solicitor had given adequate service, despite evidence to the contrary, and the evidence of fraud. I had no choice but to go to the ombudsman. They found the Law Society had investigated satisfactorily. It was a white wash.
I also found that the claimant’s solicitor did not handle the sale of our property. It was not sold at all. My investigations led me to the door of Corts solicitors of Leicester. John David Cort who has now been charged with the contract killing of his colleague. The matter goes to court this October.
Because I made a complaint to the financial ombudsman, I managed to get hold of the documents that prove there were no charges applied to our property as claimed Corts solicitors acted for a third party. I believe this was the son of the claimant. They had our mortgage account details and redeemed our mortgage. The two daughters of the claimant have purported to have paid £110,00 for the property, Land registry change our Title in respect of our rights of way which they have done so unlawfully. I also pleaded to them in the past to help us.
At present the SRA are supposed to be looking at my case but only matters to do with Corts solicitors.
I have attached the documents that show that there were no charges on our property. The only registered charge was our mortgage, and that is the only charge that has been discharged. We did not instruct Corts solicitors. Therefore they aided and abated in the fraudulent possession and theft of our property. The SRA are telling me they don’t investigate fraud. But I told them they had a duty to report it, that they are obligated by duty to do so in accordance with the law and the memorandum of understanding. They are asking me in what way did he commit fraud! Anyway I am arguing the toss with them at the moment. Even after a solicitor commits murder, we the public who have brought a genuine complaint and provided evidence, are asked to give an explanation for their actions. The fact that they accessed our mortgage account and instructed our bank without our consent is in itself a criminal offence.
I have also informed them that the case worker at the LCS who was sending my correspondence about the complaint against JM Taberner to my previous address where the fraudster have access to those letters. This is another incident that I found out purely by accident. Nothing was done to address this appropriately. The case worker would have had knowledge of Corts at the time of my complaint as they closed them down and took over his cases. I informed the SRA that this case worker is criminally liable for not reporting criminal offences, for withholding and not disclosing evidence used in a fraud.
On the 12th of December 2009 my partner was diagnosed once again with cancer. She has gone through 6 sessions of chemo since then, and is starting radio therapy today. She is also on a new cancer drug. The cancer is in her lung, chest, liver and a rib. I have protected her from my campaign for justice. I deal with these matters on my own, as this would cause her so much stress.
- Treasury Solicitor defending The Secretary of State for Justice in Scarth v HMP Leeds (victims-unite.net)
- Solicitors from Hell website sued (bbc.co.uk)