When I began my blog birds4peace I focused on world Peace and created it in to a memorial for my grand father that fought and died for his country so that future generations could have Peace and security. During that time I wrote how after being evacuated from Libya the experience had woken me to encourage world Peace and raise awareness in how war must stop. While I focused on my blog unbeknown to you all my husband and I and children had been going through a legal war of our own taking a crook builder to court. This came to fruition on the 3rd of March 2014 where we finally achieved our legal Judgment. Since 2007 as purchasing a new barn conversion proved to be a living nightmare that was tantamount to torture every day as the 7 years ticked by and one delay after another getting the court case heard as the builder kept firing his solicitors causing hold up all the time all in all the swirling legal costs kept going up year after year. A judgment where we should of felt enlightenment and that justice had been done, however the feelings we had were far from having any elation. Although on the 3rd of March we had travelled to Liverpool to take up residence for the 8 days that were supposed to be the length of the court case and turned out to be two days we knew that the dirty dealing crook builder had informed our legal team that he was making his business insolvent. It was blatantly obvious that after 7 years the crook builder has engineered his intention of following the action he had taken and yet blaming us for his businesses to go insolvent. Nevertheless my family chose to take the correct path and go in to court and get the judgment even knowing we stood to not recover any money. The day of the court case the costs swirled even higher as while going through the legal process of proving our case it involved bringing in building and medical experts to complete reports concerning the back ground of our case. They to had to take up travel and residence in Liverpool so my husband and I had to foot the cost. The day of the court case: The day of the court case in the Liverpool civil court of construction and technology it was obvious the judge was very annoyed indeed with crook builder as the judge had requested him to attend the court that afternoon. That morning the builder was in a meeting in Manchester at the very same time of our court case making his companies insolvent. The builder defied the judge and did not attend the court as requested. My family and experts were all sworn in and the experts gave their evidence. Particularly very alarming for our family when the Medical chest expert Dr. Hardy gave his evidence and stated that because my daughter (Hannah) my son (Joe) and myself (Kerry) when being subjected to cement dust and that it contained chromium was very serious and very harmful to our future health. Judgment day: The court room with The judge, the court clerk my families barrister and solicitor, my Husband (Dave) myself (Kerry), my daughter (Emily) and my son (Joe) and a spy sent by the crook builders solicitor he had previously fired and re-engaged to listen in. We all sat quiet and listened to judge read out the judgment a mighty difficult one for him to follow knowing our situation his tone was very ominous and it was clear he was very sympathetic annoyed and emotional he awarded us on all counts in our favor that was personal injury, all legal costs, special damages and costs to rectify our property. The judge found in our favor that the companies Swancotes and Chartlands LLP were at fault under the defective premises act of 1972 but also that the builder due to his intent of causing us unnecessary costs over the 7 years had a duty of care personally. The judge gave directions to our barrister for us to have a court order made against the builder personally. After the judge gave his judgment all present in the court sat for a good five minutes in total silence stunned but we got judgment and were able to go on to the next course of action. The spy in the room scuttled out quickly. Although the award was never going to be recoverable all we could do was accept that even though it has been hard to swallow. Court Judgment: General Form of Judgment or Order In the Claim Number Date Liverpool County Court 9LV07060 7 March 2014 Dÿd DAVID LINDON BIRD & OTHERS Ist Claimant Ref PM TW B3379001 BIRD SWANCOTE DEVELOPMENTS LTD 1st Defendant Ref CHARTLAND LLP 2nd Defendant Ref GRAHAM EVANS 3rd Defendant Ref JCC/TZM/043.3563 Technology and Construction Court at Liverpool County Court, Liverpool Civil And Family Courts, 35 Vernon Street, Liverpool, L2 2BX. UPON the trial of the actions between the Claimants and the First and Second Defendants, the action between the Claimants and the Third Defendant having been settled by agreement of the parties AND UPON hearing Counsel for the Claimants and the lay and expert evidence of the Claimants witnesses AND UPON the First and Second Defendants, through their representative acting in person, Mr Andrew Turvill, electing to take no part in, and not to appear howsoever in, and to adduce no evidence in, this trial TCC No - 23/09 IT IS ORDERED THAT:- Defective Works Claim 1. As to the First and Second Claimants claim in respect of defective works and the cost of rectification thereof there be judgment for the said Claimants against the First and Second Defendants in the sum of £132,431.71 together with VAT thereon if applicable. A credit in the sum of £50,000.0 inclusive of VAT if applicable, which sum was recovered by the First and Second Claimants in the settlement agreement made with the Third Defendant, is made by the said Claimants in respect of this judgment sum. The adjusted sum payable by the Defendants on this part of the judgment is accordingly £82,431.71 plus applicable VAT. Special Damage. As to the First and Second Claimants special damage claim there be judgment for the said Claimants against the First and Second Defendants in the sum of £68,062.94. Summary - Paragraph 1 and 2 above 3. The overall judgment sum payable by the First and Second Defendants to the First and Second Claimants in respect of the claims addressed in paragraphs 1 and 2 above is accordingly £150,494.65 plus applicable VAT. Personal Injury Claims 4. As to the personal injury claims of the Second, Third and Fourth Claimants there be judgment for the said Claimants against the First and Second Defendants, inclusive of interest at the rate of 2% per annum from the date of issue on the 18 September 2008, as follows: 4.1 As to the Second Claimant the judgment sum is £8,602.50, this being inclusive of interest in the sum of £852.50. 4.2 As to the Third Claimant the judgment sum is £4,162.50, this being inclusive of interest in the sum of £412.50. 4.3 As to the Fourth Claimant the judgment sum is £6,382.50, this being inclusive of interest in the sum of £632.50. Costs 5. The First and Second Defendants shall pay the Claimants costs of the action such costs to be assessed if not agreed. Payment on Account 6. The First and Second Defendants shall make a payment on account pursuant to CPR Rule 44.3(8) in the sum of £100,000.00. Time of Payment 7. Any judgment sum payable in accordance with the foregoing (including the said payment on account) shall be payable within 14 days of the date of judgment pursuant to CPR Rule 40.11. Application for Costs Order against Non-Party 8. Any application, if any, which is to be made for a costs order against a non-party pursuant to CPR Rule 48.2 shall be made on or before 4.00pm on the 14 March 2014. Any such application is not to be reserved solely to Recorder Singer. Dated 4 March 2014 After the event: So we received our judgment and now we have had time to look back and move on but with finding that the can of worms that the crook builder has left us with is beginning to open. To discover that after purchasing a supposedly luxury new house for £355.000 is now defective and is not fit for habitation. As a completion certificate was never issued. So to rectify the house it is going to cost us another £159.000, not to mention the vat and payment of £895.00 paid to the local authority so as to enable building control to issue a certificate once the house rectified. Which we had already paid when we purchased the house. That the house is not covered by buildings insurance and that we have paid for 7 years for nothing. The crook builder has a lot to answer for albeit he is an animal as our barrister quoted and that even the Liverpool mafia have high standards. The local listed planning office has a lot to answer for as they knew the house had built not to the agreed planning consent that the house had been built illegally. The fact is it should have been a two bedroom house not a four-bedroom house and we would never of looked at the house if it had been built according to the agreed council plans. The conveyance solicitor Marches of Hereford is at fault also they made the mistake of not making sure that the building certificates were in place before going through with completion. They will be getting an unexpected legal letter soon. It seems that my family have many more years of this battle to recoup and regain getting our lives back. Under the Human rights law it clearly states that there is right to life. The 7 years of our lives and still ongoing all in all our old age security along with our childrens inheritance have been stolen from us all. My dearest husband worked for 22 years in the armed forces some in the SAS and participated in the 1991 Gulf War. He has sat in ditches for long lengths of time gone without water and food in extreme conditions and yet he has stated that going through the 7 years of torture and working for nothing is the hardest he has ever had to bear. I have battled with my health going from one autoimmune decease and then in 2004 going on to a second. Finding out I had hypothyroidism, another battle and then becoming very deficient with malabsorption health problems and yet by becoming my health advocate. I continued to better my health. All in all in all the 7 years of living with a house that is falling apart around you and only having the bottom end of the kitchen to live in because the living room has all this time been boarded up with no floor in it. Due to the builders negligence it has had an enormous impact on our daily lives. But hey! Ho! I love that old saying you can either beat it or let it beat you. Proactive action required: My husband and I have spoken to the local Hereford councilor and the local MP the words they used was the builder is a crook and shocking what we have had to go through. We do not wish for anyone to go through what we have gone through and we need our story to get out there, however for some unknown reason its being declined we have contacted many media avenues including our local news but to no avail. Our situation must not ever happen to anyone we as a family would like to see the UK law changed so that businesses cannot so easily wind up their businesses and cheat the system it all has a knock on effect mostly effecting the working class tax payer and only benefitting the cheats like the crook builder. We all no by my story the builder was guilty as sin and has no morals what so ever. I do believe in Karma and he will get his but with every breath in my body I will see that the man will be exposed in his entirety. So Andrew Turvill you know what a wicked deed you have done and you will pay one way or the other. God will make sure you get your comeuppance. I pray to the angels every day that they will make you do the right thing. While you hide your money and continue to have your 9 other businesses your corruption will let you down in the end. When the politicians choose to envelope and experience the lives of people who struggle and suffer only then will there be any compassion and understanding and unity for the people of this country. Thats never going to happen while politicians that run the country never experience the realities of life. We the little people are just slaves to them all. The laws set in this country are the fault lines of this land particularly the ones that support them and benefit them. When you have spent the past 7 years fighting for justice to get a crook builder in to court. Because the property law allowed him to hold up the court case and drag it out to drain you of your hard-earned money and old aged security a million pounds to be precise and to finally get a judgment in my families favor yet five days before the crook builder makes company insolvent. In theory the UK law held the exit door open to him. Where is the justice in that? Then to find out our house is defective under the defective premises act and it will cost the worth we already paid for it. Then you realize how the British legal system is an Ass. How can anyone trust the laws set in place in this land? It is a fact that businesses that so easily go insolvent over night and there are thousands they are the ones that out a strain on the tax payers as they get hit for the losses the inland revenue do not get back. But the businesses have the money hidden away and carry on opening up another business in another name. The government could stop this from happening over night by enforcing the laws and so rightly change the property laws that are put in place to only protect the land owners and lets face it they stole the land in the first place.
Posted on: Fri, 28 Mar 2014 00:22:09 +0000
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