Immediately after the Tomlin Order in 2013, there was a 'thawing' of relations with my parents; despite having provided (false)witness statementsfor my brother Ismail,the Defendant. In my mind, I had drawn a line under the matter and decided to move on with my family life.
Ismail had largely stayed out of direct contact in coming to the agreement of theTomlin Order. He acted in proxy using mum,dad, my brothers and Edwards Duthie, his Solicitors.
Afterwards, Ismail came back onto the scene. He phoned me out the ‘blue’. I was caught off guard. In a low tone he explained that our parents were getting old and their properties needed maintenance. At one of them,tenants had no hot water for three months! I went to have a look. Only to find there was no problem with the boiler.It was producing hot water. I felt misled. However, I did find a problem with a shower and a leakingsink which I fixed.More demands started to come through via Ismail and mum. I refused. Ifelt like a foolbeing emotionally blackmailed and taken advantage of (again).Things turned nasty. Ismail began asking via phone calls for rent for the time I had lived my parents flat for nine years at 77 Fanshawe Avenue,Barking. Further, he claimed he had applied discretion regarding sofas(part of his counter claim)and allowed me to have them, but nowhe wanted them back! Mum started calling and raising the same issues, Iwould put the phone down.This was all very upsetting. I stopped taking their calls.Mum, dad and the defendant are a 'destructive force'.
There was then a change of strategy.I began receiving calls from third parties (other brothers, an uncle and my friends) asking me to deliver Ismail's mail. They were critical and I was being blamed for not having done so. The mail redirection is something the defendant, my brother should have done as required by the Tomlin Order. Nonetheless, I did forward to him mail on a number of occasions.I have done so on over ten occasions since the Court Order. Despite this, it was apparently not regular enough. I was threatened Mum would come knocking at my door for the mail.Ireceived a text from my brother Yaqoob on 18th October 2013,”Mum has asked that you pass Ismail’s post 2 her or she is 2 be at your doorstep 2 get it.” I responded, “Did you give him the post last time? He should have redirected mail as per the Court Order”. This increased my anxiety as I knew my wife and children would be vulnerable to her abuse and inevitably the police would have been called again as previously (Refer to statement of Sophia Bokhari, dated…)
All this led me to suffer an immense amount of stress. Ismail’s actions of non-engagement in the implementation of the Court Order and aggressive and distracting stalling techniques have had a very detrimental effect on my stress levels.
I began attending a counseling therapy centre in East London. The first session was booked in December 2013 and I continued to attend further ones for a few months. I also found it helpful attending weekly gatherings at the mosque. When I eventually gained strength to address the causes of my stress, I wrote to my brother, Ismail, on 24th March 2014 and then again on 14thApril 2014(letters attached). I specifically asked him to respond to me in writing only. The reason being my brother is abusive and unable to control his temper. I did not receive a reply to these two letters.
He did phone me on 24th June, 2014. He called me with a withheld number just before he was due to default on the 2nd £500 payment, as ordered by the Tomlin order, in June(see text communication). I suggested we meet in a mosque. I thought it would be the right place to have a civil discussion. With this aim in mind, I asked a religious Imam to be present.Onthe same day, 24th June, we met outside Seven Kings Mosque, in the late afternoon. My dad also turned up. We did not make it to the inside of the mosque. It ended with my brother shouting and accusing me outside the mosque. He also accosted random worshippers arriving to attend a prayer shouting accusations at me.This was witnessed by the Imam, who later stated to me that he “was shocked at my brother’s behaviour and aggression”. It was then time for prayer. We entered the mosque separately. After the prayer, unnoticed the Imam made a quiet exit. He later expressed he had been overwhelmed with shock at Ismails street display outside the mosque and felt that no civil dialogue could have taken place. He stated that Ismail was shouting like a “lunatic” and he felt he could get involved in the “madness”. I tried again to reason with my brother and dad but to no avail. I was kickedby Ismail in the legs as I walked off. I did not retaliate, I felt disappointed and humiliated. I told him to keep to the Court Order.
I did not hear from Ismail again until 3rd July 2014 by phone,he left more voicemails and sent texts(seeattachments). In the voicemail messages he was hostile and accusatory. He recognised the house prices were rising and he was giving me an opportunity to “cap it” while I could afford it. His lack of cooperation by not responding to me in writing to the letters I have sent to him was a tactic betrayed by the answerphone messages he has left me.
A 3rdletter was sent on 12th September 2014 asking him to proceed with the Tomlin Order and informing him I wished to complete the tiling in the kitchen and the double glazing. I received no reply. Subsequently, I carried these works out. Also, I provided him with the insurance details and offered a representative of his to inspect the property. This offer has not been taken to date.
A 3rd missed payment occurs in December 2014 and my niece Sarah Jam is hospitalized with Lupus for a few months.
A 4th letter is sent with the help of Direct Access Barrister on the 31st March 2015. Payments are then made by the defendant to leave two outstanding payments of the monthly amount of £500. These payments are not met by the defendant but by my parents, his witnesses.
I had a meeting with brother Ismail on 15th April 2015 at ourparent’s home.This had been organised by my parents, over the phone. I attended in an attempt to get moving on the Court Order. There was no progress.Mum and Ismail strongly wanted to me agree to an unrealistic figure for a house value based upon a 4 bedroom house, in my area he showed me online at the time. The property under dispute is a three-bedroom house.
A 5th letter was sent on 20th April 2015. A response is received from his Solicitors 28th April 2015. The letter appears to be insincere. They state they have now been instructed to prepare a transfer of the disputed property into our joint names by their client, Ismail Jam. I also feel an extension (as referred to in my letter to the defendant on the 31st March 2015) is only agreed to because it serves the defendants interests as he is keen to sell his share, as property prices have now risen.I have yet to reply.
Sarah Jam, my niece,attends my home around 10pm on Friday 17th July 2015, regarding mortgage arrears on the property. I propose to her a solution to pass back. I did feel she was not her usual self. She expressed being very stressed and that she had been “pressured” by mum and Ismail to come to my door. Sadly,Sarah Jam attempts to take her life – 12th August 2015. She is aged 13/14.
A second letter is received from the defendants Solicitors dated 26th August 2015. To date 5 monthly payments of £500 are outstanding. I received a call from a withheld number from my brother on the 29th August saying there is an agreement with bank that monthly payments of £1300 have to be maintained and they will appraise the situation in February. Further, the possession order I believe relates to a historic one(see attachment) and considering there is a redirection of my brothers post, I would not have received any current one. My brother could simply call his bank and find out the reality of the situation. It seems another attempt to taint me and at the same time building a case against me by degrees.
Regarding the outstanding mortgage arrears - if my brother pays what is due by the Tomlin’s Order £2500, I can pay the remaining outstanding balance which would be £1800 approximately.Another point, in this letter is that I have a 3 bedroom property and the estate agents information about a property they sent me relates to a 5 bedroom house (guide price £375-£400k). Yet, despite that my brother believes its value is “not less than £400k, and possibly as much as £430k”. It’s another illustration of having to deal with very a difficult defendant and this reflects in his instructions to his solicitors.
With the value of the house the only viable option is to invoke paragraph 13 of the Tomlin Order.
Regarding the homeinsurance - it is in place. I have alsoofferedIsmail’s representativeto inspect the property.(Letter of 12th September 2014). This has not been taken up to date.
The defendants plan (voicemail) is for the house is for the value to increase so that it becomes unaffordable and then to step in with the help of my parents and brothers and buy me out. Thus, I would be left without my marital family home, where I have raised my children.
My brother has behaved to my detriment and my family’s.We have suffered. The house prices have climbed. As a result of his and my mother’s actions, my work has suffered, gone into debt mortgage arrears etc.
I am also seriously considering applying for a non molestation order against Ismail and my mother and father.
As the defendant has not kept to the spirit or letter of the compromise agreement, I would like to return to the original proceedings. I have come through this experience wiser and now able to give my business the attention it deserves finances have improved.