Anger after Harrogate builder James Moss declared bankrupt

Three women owed thousands of pounds by Harrogate cowboy builder James Moss have said they feel let down by the system after he was declared bankrupt.

Mr Moss has lost a string of civil court cases in recent years for poor quality or unfinished building work. He owed over £30,000 to five different homeowners who won cases against him.

Going bankrupt means that Mr Moss, who lives in Summerbridge, won’t be liable for his debts and it is unlikely his claimants will ever see a penny they are owed or recover legal bills.

‘Completely flabbergasted’

Karen Macgillivray-Fallis spent her life savings on a £30,000 garage conversion in Burton Leonard for her elderly mother-in-law, but Mr Moss left it in such a state it had to be demolished.

Her mother-in-law passed away and Ms Macgillivray-Fallis blames Mr Moss for denying them of their final days living together as a family.

She said:

“I am completely flabbergasted how easy it is for someone who owes money to declare themselves bankrupt. 

“I am not a big business, I am a normal person who has lost life savings in an attempt to provide a home for my elderly mother-in-law who never had the opportunity to come and live with us due to the actions of Mr Moss. She died alone in April 2019.

“It is very frustrating that the court look at all the evidence, make a decision and then the decision seems to be unenforceable. I have worked for charities all my working life so I really support systems that protect people in genuine need but I have not seen any evidence that this is the case with Mr Moss.

“It is really important to me that justice prevails and we will be taking further steps to ensure that this happens.”

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Gill Lawrence works for a homeless charity and takes vulnerable young people into at her home near Wetherby Road whilst they get back on their feet

Mr Moss left a £13,000 kitchen conversion half-finished whilst pocketing almost the total agreed quote.

Ms Lawrence said she feels “let down” by the legal system, which has cost her even more money trying to recover the money she was owed.

“I have paid to take him to court, who agreed with me. They instructed him to pay me £8,700 which he refused to do. The courts do nothing else to ensure you get the money they have instructed him to pay.

“At that point I think it should be up to them to enforce payment, but no, you have to pay them even more money for them to instruct payment, and then you have to pay even more money to instruct bailiffs to collect from him.

“He has still refused to pay. So now he has declared himself bankrupt, I feel like I have been let down three times, by him, the courts and the bailiffs who I paid a fortune to and I’ve ended up with nothing. How can that be right?.”

‘More regulation is needed’

Vicky Cooke is a French teacher from Ilkley who needed a new roof on an extension at her home. Ms Cooke paid Moss £3,400 for the job, and he even offered a 25-year guarantee that the work would be built to last.

But after apparently completing the job it took just two months for the roof to start leaking.

Ms Cooke said:

“I’m not really surprised that Mr Moss is declaring himself bankrupt. The debt will be written off. In the meantime, we’ve worked hard and honestly to earnt the money to pay a reputable roofer to repair what we’d already paid to Mr Moss to do.

“The whole building and roofing trade needs regulating to protect consumers from cowboys like James Moss.”

‘The system is unfair’

Andrew Gray, founder of Harrogate law firm Truth Legal, said the small claims court process was stacked against the claimant and that “crafty defendants” know how to play the system.

He said:

“If a claimant engages a solicitor to pursue a claim, then, even if the claim succeeds, the claimant is unlikely to recover their legal costs. In claims for smaller sums, perversely, the legal fees can dwarf the amount of damages. With or without lawyers, the process is slow and always stressful.

“When defendants become insolvent, the litigation process usually becomes pointless, further annoying a genuine claimant, who is left significantly out of pocket and further aggrieved.

“Frankly, the system is unfair and is deserving of a significant upheaval.

“Crafty defendants know how to play the system, to the massive disadvantage of the rule-following majority.”

The Stray Ferret asked Mr Moss to respond to this article but we did not receive a response by time of publication.

Teenager arrested after disturbances in Jennyfields

North Yorkshire Police has arrested a 19-year-old man on suspicion of attempted burglary and criminal damage in the Jennyfields area of Harrogate.

The Stray Ferret was contacted by a reader today who reported several cars were vandalised on Sutton Grange Close in the early hours of this morning. They also said there was an attempted burglary on the street.

Posts on social media suggested cars on nearby Hartwith Drive and other streets nearby had also been damaged during the night.

A police spokeswoman said it received reports of an attempted burglary at a property on Sutton Grange Close at about 3am this morning. She added:

“A 19-year-old man has been arrested on suspicion of attempted burglary and criminal damage. He is currently in police custody.”

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Otley Road business owner ‘fuming’ about cycle path works

The owner of IXP Security on Otley Road in Harrogate has said he is “fuming” about prolonged works to build the new Otley Road cycle path, which he believes has put customers off visiting his store.

Work has continued throughout November and December to build the first phase of the new cycle route between Harlow Moor Road and Cold Bath Road, which is part of a package of sustainable transport measures in the west of Harrogate. It is due to end this week.

The security store has been on Otley Road for 50 years and sells safes, intruder alarms, locks and CCTV systems.

Owner Marcus Wayman said footfall has evaporated since work began and he has been unimpressed with the “etiquette” of contractors working on the scheme.

“We’ve been subjected to a significant period of time where we’ve been disadvantaged. I can’t get access to my front door all the time. Whilst I bow to the skill of road builders, their ability to follow etiquette is limited.

“They have travelled across our shop’s apron with great big heavy trucks. That concrete footpath has survived 50 years, it’s all smashed up now.

“I’m fuming about it. Stuff has been strewn all over my apron. I move safes in and out of the showroom, which I can no longer do.”

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To accommodate the cycle path, a bus stop has been moved closer to Mr Wayman’s shop.

He believes this could be hazardous for pedestrians who might have to dodge out of the way of cyclists. He has complained to North Yorkshire County Council but said he has been ignored.

He added:

“NYCC are servants to the voters in this town who pay their wages, but they are absolutely incapable of being talked to. They seemingly refuse to get back to you quickly.

“There aren’t many businesses as old as us in the locality, is this the way to treat people? Where has the courtesy gone in life?

“From start to finish I have had a gripe against the whole scheme, there’s no democracy.”

Melisa Burnham, highways area manager at NYCC, said:

“Feedback from residents and businesses is very important to us and can help shape the delivery of this and future schemes. We will liaise with the business owner and identify how best we can support him whilst the works continue on Otley Road.

“We appreciate works of this nature have an impact on the local community and we would like to extend our thanks for their ongoing patience.”

Harrogate cowboy builder James Moss declared bankrupt

Harrogate cowboy builder James Moss has been declared bankrupt, following a string of civil court cases in the past few years for poor quality or unfinished building work.

Mr Moss left a trail of shoddy workmanship across the Harrogate district and owed over £30,000 to five different homeowners who won cases against him.

A document on the public records website The Gazette says Mr Moss filed for bankruptcy last week and his application was accepted the next day. It lists him as not working and living in Summerbridge.

Mr Moss has multiple claims outstanding from people who hired him for building work. 

Last year, the Stray Ferret heard how two women won cases against him in the civil court.

They included a woman in Harrogate who said he left a £13,000 kitchen half-finished whilst pocketing almost the total agreed quote.

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Three different claimants have also won cases in the county court against Mr Moss this year alone.

In January, he was told to pay £11,495 to a woman who was unhappy about the quality of his work.

In February, he was ordered to repay money after a £30,000 garage conversion was so poor it had to be partly demolished.

In April, he was ordered by a judge to repay a man from Knaresborough £1,275 after he took a deposit but failed to show up on a job.

None of them have received any money from Mr Moss.

The Stray Ferret asked Mr Moss for a comment but he declined.

Developer reduces Knox Lane scheme from 73 to 53 homes

A developer has reduced the size a proposed housing development on Knox Lane in Bilton from 73 to 53 homes.

Jomast‘s initial plans to build the homes in April last year generated objections from over 200 people.

Those opposing the scheme criticised the number of homes on the site and questioned how the narrow Knox Lane would cope with the increased volume of traffic.

Harrogate Borough Council‘s Harrogate district Local Plan 2014-35, which outlines where development can take place in the district, says 52 homes should be built on the site, which sits on arable land adjacent to Oak Beck.

Knox Lane in Harrogate.

Knox Lane

Critics of the initial scheme included Cllr Paul Haslam, who represents Bilton on Harrogate Borough Council and North Yorkshire County Council, who said part of the land Jomast wanted to build on was prone to flooding.

Yorkshire Water also submitted an objection to the plans, which it said did not properly accommodate a sewerage system running across the site.

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Jomast said in planning documents that its resubmitted smaller plans included 34 semi-detached and three detached homes, 12 apartments and four terraced homes. A total of 30 homes would be classed as “affordable”.

To alleviate flooding concerns, Jomast would install hydro-brakes, which are machines that control water flow near rivers. It would also install underground storage tanks to hold water in the event of a major storm.

Harrogate Borough Council’s planning committee will decide on the proposal at a later date.

Five females aged 16 and 17 at Harrogate army college reported rape or sexual assault

Five females aged 16 and 17 based at Harrogate’s Army Foundation College have reported rape or sexual assault since 2015.

Sexual assault allegations by junior soldiers in the British Army came to light in October following a freedom of information request to the Ministry of Defence by the charity Child Rights International Network (CRIN).

The MOD revealed there had been 41 complaints of rape or sexual assault by under 18s in the army since 2015.

Government junior defence minister Leo Docherty said yesterday in a written response to a question on the subject that five of these complaints were from young females based at Harrogate.

The college on Pennypot Lane recruits about 1,500 young men and women each year. It is the only British Army establishment that delivers military training to soldiers under the age of 18.

Allegations of bullying and abuse at the college were raised in the House of Lords last month.

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The college was recently rated ‘outstanding’ by Ofsted, which gave positive feedback on safeguarding at the college, saying it investigated incidents thoroughly and made necessary improvements.

A British Army spokesperson said:

“We have very strong duty of care and safeguarding mechanisms at AFC (Harrogate) to ensure junior soldiers have the right support structures.  This includes multiple methods of accessing welfare support, including confidential support lines. We take every incident seriously and will refer an allegation to the Royal Military Police for investigation. We also have a Ministry of Defence police officer based at AFC (Harrogate) to assist in education and investigation.

“The armed forces takes any allegation of rape or sexual assault very seriously, and investigates all allegations thoroughly, taking action where appropriate.

“Since 2018 the Royal Military Police has provided sexual offence and consent training at all army basic training establishments in support of the army’s approach to eradicating offending amongst its ranks and educating on the complexities of consent. So far this year, sexual offence and consent training has been delivered to over 600 soldiers at AFC (Harrogate).”

Tesco submits plans for new Skipton Road supermarket

Tesco has submitted a planning application to build a new supermarket on the former gasworks site on Skipton Road in Harrogate.

The new store would be 38,795 square feet and include a petrol filling station, 200 car parking spaces, electric vehicle charging points and 24 cycle spaces. Tesco says 100 new jobs would be created.

For access, a new roundabout would be created on Skipton Road. It would be built close to the New Park roundabout.

Tesco ran two-week consultation on the plans in September and October and received feedback from 190 people. Tesco said 70% of respondents supported its proposals.

If Harrogate Borough Council approves the plans, Tesco said it hopes to open the store in 2023.

Andy Boucher, development executive at Tesco, said:

“We are thrilled with the response we have received from local residents to our consultation and I would like to thank all of those people who took part.

“Our consultation found a majority of local residents support the proposed new supermarket.

“We will now be working closely with Harrogate Borough Council and hope to receive planning permission next year.”

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A 20-year history

Tesco has harboured ambitions to build a supermarket on the site for almost 20 years.

The Stray Ferret obtained Land Registry documents that reveal Tesco bought the site for £2.8m in 2003.

It submitted a proposal to build a supermarket there in 2009, which was approved by Harrogate Borough Council in 2012.

However, Tesco pulled out in 2016 following a changing retail landscape and years of opposition from retailers, which said the supermarket would damage local trade. An Aldi supermarket opened on the retail park just off Skipton Road in 2016.

In 2021, Tesco has signalled its intention to return to opening new large-scale supermarkets in the UK.

This year, it opened its first new superstore in six years in Penwortham, Lancashire. Four more supermarkets are scheduled to open this year.

Harrogate district unemployment rate continues to fall

The number of people receiving out-of-work benefits in the Harrogate district has continued to fall, despite the furlough scheme ending at the end of September.

Latest figures by the Office for National Statistics show 2,225 people were claiming the benefits on November 11, which is 150 fewer than October’s figure of 2,375.

The benefits include Universal Credit, which can also be claimed by people who are in work but on low incomes.

The furlough scheme ended on September 30 and supported around 28,600 jobs in the Harrogate district for 18 months.

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Harrogate district students can apply to £1,000 fund to pay for books

Harrogate district students studying away from home can apply for a grant to help pay for books, equipment or travel costs.

Any student currently taking a post-16 education course at a school, college or university outside of the Harrogate borough is eligible to apply.

The fund, which is administered by North Yorkshire County Council, has been made available by Haywra Crescent Educational Trust following the sale of a former education property in Haywra Crescent, Harrogate.

This year the trust has around £1,000 in total to distribute to students.

Further information and application forms are available by emailing post16@northyorks.gov.uk

The closing date for applications is January 31.

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In Depth: Where is the infrastructure plan for 4,000 homes in west Harrogate?

With as many as 4,000 homes planned for the Western side of Harrogate, a document is being drawn up by Harrogate Borough Council to nail down the infrastructure requirements of the area and who will pay for it.

HBC is working with developers and North Yorkshire County Council on the West of Harrogate Parameters Plan (WHPP). It will aim to allow for a more joined-up approach to infrastructure, including addressing roads and traffic, rather than assessment on a site-by-site basis.

But residents and councillors have grown frustrated with broken promises about when it will be published.

HBC initially said it would be published in October 2020, which was delayed until March 2021, then September 2021. It now says a draft version will be published in February 2022.

Harlow Hill, Rossett, and Pannal Ash are already some of the most popular residential areas in Harrogate and the stretch of Otley Road from Cardale Park to Beckwithshaw is set to be transformed with new housing developments.

However, the 200-home police training centre scheme in Yew Tree Lane was passed this week before the WHPP has seen the light of day.

Rene Dziabas, chair of Harlow & Pannal Ash Residents Association, told the Stray Ferret he is concerned that the decision not to wait until the plan is published before approving the police training centre scheme will set a precedent.

With a new local authority set to be created for North Yorkshire next year, he’s also worried the plan could be kicked down the road further. He believes staffing issues in the council’s planning department has contributed to the delays.

He said:

“If it’s delayed any further there will be the temptation to let the new unitary authority deal with it. That’s a concern.”

HAPARA is hoping the plan will go some way to tackling congestion and traffic on the west side of Harrogate, which could worsen considerably due to car-dependent housing developments.

“We’d like to see greater frequency of buses, junction improvements, the widening of pavements, cycle paths.

“Subject to appropriate investment, we can then start making improvements, otherwise why are you doing the plan?

He gave some examples of areas that he feels needs improvement:

“Leadhall Lane Marks and Spencers junction is known to be a pinch point, some work needs to be done there to help flow of traffic.

“The Prince of Wales roundabout is another pinch point as is other end of Otley Road and the tiny roundabout in Beckwithshaw.”

Poor communications

HAPARA has been unhappy with the level of consultation offered to residents by HBC during the process.

Mr Dziabas said the council has “confused contact and communications” and people who will be affected by the massive expansion of new housing have not felt like active participants in how the area will change.

He said:

“Not once has the council come back to us and said, ‘This is what we’re thinking, how do you feel this would work?’

“We’ve had no opportunity, all we’ve had from council is process. Communication has been poor.”

Mr Dziabas added:

“Perhaps the council feel if they involve residents too much it will slow the process down, or we might put an idea forward that doesn’t align with what a developer is saying.

“In their mind it might be a lot of extra hard work dealing with the nitty gritty with residents, so they keep us at arm’s length.”

‘Very frustrating’

Liberal Democrat councillor Pat Marsh sits on the 12 person planning committee that decides whether to approve or refuse large housing schemes.

She told the Stray Ferret it has been “very, very frustrating” that councillors are now being asked by officers to approve planning applications in the western side of Harrogate before the WHPP has been published.

She believes the majority of councillors wanted to defer the police training centre scheme until the plan is published, but were “bullied” into approving it by Homes England who threatened legal action.

She said the plan should have been drawn up years ago, before sites were allocated for development in the Local Plan, and that she shoulders some of the blame for that.

“It should have been in place prior to the Local Plan. I’ll hold my hand up for not realising that. Infrastucture is not being dealt with now.”

Cllr Marsh is concerned that even with the WHPP in place, it will be the houses that get built first and the necessary infrastructure such as schools or healthcare facilities could take years to follow.

“It will be the houses that get built first to make the money.”

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Council’s response

In a written statement sent to the Stray Ferret, Conservative councillor Tim Myatt, Harrogate Borough Council’s cabinet member for planning, said the WHPP will create a “clear vision” for infrastructure in west Harrogate.

He said “rather than rush” the council has been making sure the document is right for the town.

“By providing first-class community facilities, school provision, green infrastructure and sustainable travel opportunities, for example, we will be able to achieve the WHPPs goals and objectives.

“A significant amount of work – by qualified experts – has gone into what has been produced so far and we will continue to work hard until we’re comfortable we can achieve the best outcome in terms of quality of development and delivery of infrastructure.

“Rather than rush and produce a plan that fails to deliver this vision, we are taking a planned and strategic approach and anticipate concluding work on the WHPP in the New Year alongside an addendum to the Infrastructure Delivery Plan (IDP) thereafter.”

In response to HAPARA’s claim that residents had not been consulted, Cllr Myatt said several suggestions from residents have helped to shape the document.

He added:

“Although there is no statutory requirement to consult on the preparation of the WHPP, we value residents’ views.

“And a number of suggestions have helped shaped the WHPP, so I’d like to thank those residents for their valuable feedback.

“We will also engage with local stakeholders, of which HAPARA is one, in January to help achieve a WHPP that sets a benchmark for future communities across the Harrogate district.”