Neighbour handed fine over boiler deception

George Middler cancelled former friend’s breakdown cover

A pensioner whose fraud during a long-running feud left a neighbour without a central heating boiler for several months has been fined £300.

George Middler sold Michael Fallone a plot of land at Templeland Steading, between Newbigging and Kingennie, in 2005, only for the pair to fall out over a boundary dispute shortly afterwards.

The 68-year-old decided to give his neighbour the cold shoulder when he was mistaken for the younger man while on the line to appliance care company Domestic and General in February 2015.

Appearing at Forfar Sheriff Court, Middler admitted maliciously purporting to be Michael Fallone and inducing a member of staff at Domestic and General to cancel a boiler cover contract, causing financial loss, all by fraud on February 9 2015.

Mr Fallone discovered the deception a year later when his boiler broke – spending the next several months without a working unit as a result.

Middler was fined over the “malicious” matter by Sheriff Kevin Veal, who said he may have felt aggrieved but “two wrongs don’t make a right”.

Depute fiscal Stewart Duncan said the offence came out of a “dispute between the accused and his neighbour”.

He added: “In February 2016 Mr Fallone was having issues with his boiler and contacted his cover provider.

“He was told that his insurance had been cancelled in February 2015 – he knew nothing about it.

“On having the call played back, it became apparent that it was the accused who had rung up.”

Mr Duncan said this had incurred a financial loss. He said: “There’s no actual amount but it was because they had to use other means to heat the house and water for several months.

“It’s been stated as significantly more expensive than an oil-fired boiler.”

Defence agent Billy Rennie said his client had one previous conviction which also related to the neighbour.

He said the pair had enjoyed good relations until a boundary dispute arose soon after his client had sold the parcel of land behind his house to Mr Fallone.

Mr Fallone had previously installed an IT system for Middler, which the latter found inoperative after relations soured.

Things then went “from bad to worse”.

“He and his wife have sold the house and are moving out on May 12,” he said.

“He doesn’t want to have anything to do with them.”

Fining Middler £300, Sheriff Veal told the accused his actions “did not encourage proper relations between neighbours”.

When approached at his home, Mr Fallone said the most pleasing news was that his neighbour was finally moving.

Mr Middler declined to comment.