Airdrie & Coatbridge Advertiser
Here we go again
Couple launch new legal proceedings after neighbour fails to cough up
A frustrated Cairnhill couple have initiated a fresh round of legal proceedings – after their next door neighbour failed to pay them court- ordered compensation as well as fork out for a five- figure sum in legal fees.
In August we reported that elderly Thomas McAvoy was ordered to stop harassing David and Sharon Troland following a bitter three-year dispute that began with the building of a large garage in the Trolands’ back garden.
Mr and Mrs Troland, of Cromarty Road, are due to be paid nearly £20,000 by Mr McAvoy after a prolonged dispute.
Sheriff Morag Shankland judged Mr McAvoy, who is in his 80s, had engaged in a campaign of threatening and abusive behaviour towards the couple and ordered him to pay them £1000 each in damages.
The sheriff also ruled that the losing party would cover all legal fees in relation to the court case. This amounted to more than £17,000.
The deadline for payment passed earlier this month and the exasperated Trolands are now being forced to explore other legal avenues in an attempt to be reimbursed.
Mr Troland told the Advertiser: “There’s no escape for him. It might take some time, but we’ll get our money back.
“This doesn’t surprise us to be honest, as he [ McAvoy] thinks he’s above the law.
“It’s gutting to go through this but we’ve done nothing wrong. We’re just fighting for the money we’ve worked hard and saved for.
“This is a court order, he can’t just turn around and not pay it.
“This bill for reimbursing our legal expenses is just going to keep rising until he co-operates.
“We just want what we’re due and to get on with our lives.
“In order to do that, we’re now having to start a new process.”
Prior to building his two-storey garage with playroom in 2015, Mr Troland received the necessary planning permission from North Lanarkshire Council.
Mrs Troland added: “We didn’t think we’d get planning permission, so it was a pleasant surprise, but it’s turned into an awful three years.
“We’d love nothing more than for this to be over, so we can go back to enjoying life.
“We’ve lost quality time with our grandchild and also earnings because of all this. “It’s been so stressful for our family. “It feels like all we’ve done is worry, go to court and be on and off the phone to police.
“We’ve got our second grandkid on the way in a few weeks and want to enjoy this time with our family.”
A statement from Mr McAvoy’s solicitor read: “This is a civil matter in which Mr and Mrs Troland can pursue such remedies as they see fit.”