Couple's hell over £21k wheelie bin dispute (From Times Series)
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Edgware couple's hell over £21k wheelie bin dispute
4:50pm Thursday 16th August 2012 in News
By Chris Hewett
Liaquat and Liphe Ali have been tormented since the civil action was started by their neighbour Iqban Suleman in July last year
An Edgware couple went through “a year of hell” when a neighbourly dispute over the placement of a wheelie bin ended up in court with a £21,000 legal bill.
Liaquat and Liphe Ali have been tormented since the civil action was started by their neighbour Iqbal Suleman in July last year.
Mr Suleman claimed the bin blocked him from driving his car through the shared driveway between their homes in Brook Avenue.
Mr Ali initially moved the bin to ensure it did not block the drive.
But the self employed computer analyst was shocked to receive a letter from Lyons Davidson solicitors in July last year seeking an injunction, damages, interest and costs for the inconvenience caused.
Despite Mr Ali moving the bin to the back end of the house, Mr Suleman’s representatives took the matter to two civil court hearings and are now demanding almost £21,000 in legal costs.
The firm is acting under a conditional fee agreement, meaning they are guaranteed to be paid regardless of the outcome under the claimant's house insurance.
Lyons Davidson’s latest demands follow what the Alis described as "12 months of harassment” from the lawyers, who sent numerous letters demanding compliance and threatening further legal action.
The stress of the situation forced the couple to install CCTV down the side of their home and endure sleepless nights trying to resolve the issue.
Father-of-two Mr Ali, 49, said: “There have been threats and more threats. We feel like we’re living under house arrest. Every time the post arrives we’re worried.
“When you go through something like this your whole life becomes topsy-turvy. It is affecting our children as well. They’re getting upset by the amount we’re talking about it.
“It has taken over our lives – we just want it finished. It is a living hell.”
Part-time carer Mrs Ali, 38, added: “I got sick through all the stress. I can’t tell you the days and nights I have cried, wondering what is going on. It still makes me upset now.”
The fear of legal action became so great, the couple even cancelled their waste collection in May and have since removed the rubbish bin altogether.
Mr Ali said: “We’re worried the bin men will put it back down the side of the house like they do with all the other drives – we don’t want to risk breaching anything.”
Despite the bin being removed, Mr Suleman continues to pursue a claim for the substantial costs.
His solicitors compiled a 40-page evidence document, to which the Alis responded with their own file containing almost 300 pages of photographs and witness statements.
At a county court hearing on August 2, Mr Ali agreed to settle the matter by paying some of Mr Suleman’s legal costs, though both parties are now in dispute over the amount.
Mr Ali, who has spent more than £2,000 on legal advice himself, said: “Lyons Davidson has been very unhelpful and aggressive in their dealings with us. They just seem to want to rack up their bill.”
Mrs Ali added: “I’m angry at the court – this should have been sorted a long time ago. £21,000 is a lot of money over a wheelie bin. I keep asking myself why has it come this far and why are we being put through this?”
Land registry plans suggest the driveway is shared, but the claim is being made on the point of a right of access for Mr Suleman, who parks his car on his paved back garden.
On the legal action, Mr Ali added: “It is like taking a sledge hammer to crack a nut. We’ll be so relieved when this is all over.
“It’s ridiculous, absurd. It’s a waste of the courts’ time, a waste of taxpayers’ money. We’re not criminals and yet we have been put through so much.”
Richard Bridges, a solicitor at Kirkwoods who has been giving legal advice to the Alis, said: “I haven’t seen anything like this in my 23-year career.
“It is one of the most trivial cases I have come across. It needn’t have got this far – they could have just knocked on the door and asked them to move their bin.
“Like most cases of this nature, if people were a bit more neighbourly it could be avoided. These things often don’t get to court because people are more sensible.”
The Times Series has been unable to contact Mr Suleman, while Lyons Davidson declined to comment on the case on behalf of either themselves or their client.
Comments(24)
poada
says...
12:21am Fri 17 Aug 12
Nickyisgod
says...
6:27am Fri 17 Aug 12
What is more likely is that their client has the benefit of a Legal Expenses policy of some sort, probably taken out with their home insurance. This means that Lyons Davidson are guaranteed their money whatever happens, hence the appetite for them to just carry on no matter how trivial the matter is.
Neiltheboss
says...
12:07pm Fri 17 Aug 12
Take out no win no fee legal claims - this neighbour is a total nasty piece of work. Unbelievable - all over a bin which takes two seconds to move if he wants to park. Man needs to get a life
SilentReaper
says...
5:33pm Fri 17 Aug 12
Outrageous
says...
5:52pm Sat 18 Aug 12
CMDLights
says...
6:31pm Sat 18 Aug 12
SilentReaper
says...
7:24pm Sat 18 Aug 12
The-Orphaned-Wheelie-Bin
says...
2:27pm Sun 19 Aug 12
Hello there - I am the wheelie bin and I wish to remain anonymous, however here is my statement on behalf of Mr and Mrs Ali:-
"Life used to be so good when I was looked after by the Ali's. They used to care for me and wash me, keep an eye on me and feed me to my hearts content.
I enjoyed this privilege for over 11 years durIng my tenure at the property, happily residing in the (shared) alleyway until May of this year when I was suddenly without any warning evicted from my home!
Life now is very lonely in the wheelie bin refugee camp and I'm missing all my other wheelie bin pals from my old home :-(
I hope one day that justice is served and those sons of a **** who call themselves "solicitors" at Lyons Davidson are exposed for what they're worth.
I hope Mr and Mrs Ali will come to visit me sometimes as I miss them dearly.
On a serious note and pardon the pun - Lyons Davidson, you're full of rubbish!
mamma mia 66
says...
10:45pm Sun 19 Aug 12
Neiltheboss wrote:i totally agree with you neiltheboss
When you live next door to complete prats like this you have no idea what they will think of next.
Take out no win no fee legal claims - this neighbour is a total nasty piece of work. Unbelievable - all over a bin which takes two seconds to move if he wants to park. Man needs to get a life
this complete prat only had to jump out of his car & spend 2 seconds moving the bin to get his car past
there was no need to take this to court & put these people through all this worry the neighbour sounds like a complete nightmare to live next to,
mamma mia 66
says...
11:10pm Sun 19 Aug 12
Mr suleman sounds like a typical bully dragging this family through the court and for what ? he could not get his car passed the wheelie bin, utter madness doesn't even come close !! Is he too blinded by greed to possibly think of knocking on the door & asking for the bin to be moved ?
with the greed of this man as well as the solicitors getting their greedy fee's if the court's do not put a stop to this we will all be potential targets for such ridiculous claims... whatever will this man claim for next ? the rain falling the wrong way in his garden !!!!
I feel so sorry for this family having to live next to such a mean control freak with a no moral's legal team.....
SilentReaper
says...
1:42pm Mon 20 Aug 12
.co.uk/news/uknews/1
330817/Dinner-party-
ends-with-a-sting-in
-the-tail.html and again courtesy of Lyons Davidson again) the Claimant still put in a claim, in this example for an buttock injured whilst sitting on a dining room chair at a friend's dinner party and as such I am struggling to understand what this wheelie bin trial is over and as such this must be a legal first! If my assumptions are correct, I think I'm going to put in a claim now for something I will try and concoct, knowing it may be safe not to worry about any injury, damages or losses as my "friend" Lyons Davidson will be happy to be on the payroll.
SilentReaper
says...
8:05pm Mon 20 Aug 12
SilentReaper
says...
9:43pm Mon 20 Aug 12
You must be joking! I know America is a nation for lawsuits but the UK and for a wheelie bin! What is this country coming to? It must be the economic downturn that is turning some people to put these sort of claims in! I need to think one up now... erm... its raining Monday morning on my way to work... need to put in a claim against the Meteorological Office for giving me the wrong weather forecast... wet my expensive Italian suit. Need a solicitor: found one. Lyons Davidson will do nicely!
Reference: http://www.topix.com
/forum/uk/edgware/T9
7LJI1IC6PLDOFCP#last
Post
jackdaw
says...
11:04am Tue 21 Aug 12
What if I had left them and a pedestrian had injured themselves. Would they have consulted a solicitor to sue myself and Harrow Council?
Just imagine the costs to the Councils, the courts etc that are being racked up by these type of solicitors.
Folks see also comments made in on www.edgwaretimes.co.
uk
SilentReaper
says...
2:50pm Tue 21 Aug 12
The-Orphaned-Wheelie-Bin
says...
5:56pm Wed 22 Aug 12
F..kedupBarnet
says...
2:18pm Thu 23 Aug 12
The-Orphaned-Wheelie-Bin
says...
2:35pm Thu 23 Aug 12
Alshobuj
says...
11:59pm Mon 27 Aug 12
I personally think Mr Suleman should grow the hell up and have some self respect! I feel embarrassed for him! Absolutely pathetic!!!!
The-Orphaned-Wheelie-Bin
says...
12:21am Thu 30 Aug 12
rliament.uk
The-Orphaned-Wheelie-Bin
says...
9:45am Tue 4 Sep 12
"I was checking up on Lyons Davidson "solicitors" and noticed there is a high hit rate where they acted for defendants with foreign sounding names in dodgy motor insurance claims where the people they represented (sometimes Claimant or sometimes Defendant) lost and in some cases, the fraud investigation teams were called in. Please don't quote me on it but check out the following links for example:-
http://www.horwichfa
rrelly.co.uk/kamal-s
ial-v...
http://www.horwichfa
rrelly.co.uk/wajiha-
syal-...
http://www.horwichfa
rrelly.co.uk/carol-s
totha...
In most of these cases ,the Claimant was ordered to pay the Defendant's costs. Do I need to say more. Check the web and you will find plenty of hits and Lyons Davidson seem to be the common denominator in each case."
End of quote.
The-Orphaned-Wheelie-Bin
says...
10:59am Wed 12 Sep 12
The-Orphaned-Wheelie-Bin
says...
4:30pm Wed 12 Sep 12
A very sad story above but one which is not unusual. It sums up the inadequacies of the justice system when dealing with families. I know of similar scenarios where one party is being unreasonable (probably because they are being funded by the taxpayer) and the opponent (usually the working father) is being crippled in legal fees.
It is an unfairness seen everyday. The vexatious, the fraudsters and the feckless prosper in a perverse system at the expense of the hard working and decent. The lawyers support such a system because they make money from it.
http://www.lawgazett
e.co.uk/news/all-rou
nd-roasting-family-j
ustice-reforms
OhWiseOne says...
6:10pm Thu 16 Aug 12