Last updated 21:18, Thursday, 21 August 2008

A DISTINGTON man has still not given up a fight for compensation after his mother’s home was wrongly knocked down six years ago.

Reginald Gallacher, 64, of Barfs Road, has been trying to take Flimby contractors Thomas Armstrong to court after the company admitted knocking down the wrong house in 2002.

Builders mistook the vacant Kilnside house, owned by Rosalie Hall, for another 500 yards away, as they said it was in a dilapidated state.

Mrs Hall had lived there since 1970 but moved out in 2001 into another property in Distington.

Mr Gallacher has not given up hope of taking the firm to court but from October, a statute of limitation will come into force meaning he will not be able to proceed with any legal action.

He said: “It is heartbreaking for me. I have to walk past that plot of land everyday and it is soul destroying knowing that no legal action will be taken and the people that did this will get away with it.

“The house was not in the state that was made out at the time. My mother’s house was never dilapidated.”

Mr Gallacher had employed West Cumbrian solicitors Brockbank, Curwen, Cane and Hall to look into the case.

He said: “I have received a bill from my solicitor for £1,392 for barrister’s fees but they have waived their own fees.

“Some of that money is to pay for planning permission on the plot of land that was knocked down, which to me is ridiculous.

“I was also told that because the plot of land is now more valuable than it was in 2002 I cannot take Thomas Armstrong to court, which is annoying and upsetting. They made an mistake but that does not make it right.”

No-one from the solicitors was able to comment but in a letter to Mr Gallacher, Mr Hall said: “I believe this now concludes matters in that there are no future steps that can be realistically and sensibly taken to resolve the original issue of the demolition of the house.”

Mr Gallacher’s sister Rosalie Beatty, who died last year, had also moved out of the £20,000 house in 2001 to another just streets away, while the family decided to hold on to the former family home.

Mr Gallacher said: “We didn’t want to get rid of the house and turned down money from Home Housing, who wanted to knock it down. Their offer of £1,000 was insulting to us and we decided to keep the property.

“Rosalie, like myself, has been fighting this case and the stress of it all got to her. She began drinking a lot and died last year.”

The plot of land is now valued at between £30,000 to £35,000.