A SUBSIDING driveway and cracked drains have sparked a long battle between a Whittle Hall family and housebuilder Barratt.

Christine and Steve Berry, of Barbondale Close, bought their four-bedroom detached home from the developer for £96,000 five years ago.

However, they say within 12 months the drive started to sink and the contents of their drains came up through the shower plughole every time they flushed the toilet.

But the final straw came when the toilet overflowed into the bathroom last month and Christine tripped on the uneven driveway, badly bruising her face last week.

"When the toilet overflowed, my husband lifted three or four flags on the drive," said Christine, "but when he dug in a spade, he got sewage all over him.

"We were told someone was coming out that day, but it was a week before the contractors came. Afterwards there was still a problem with the drain and the flags."

And she says one of the workmen sent to her house told her that it was a new house on new ground which was still settling and the problem would happen again.

But Barratt say it's not their problem.

A spokesman said: "We have done everything possible and acted very quickly to assist Mr and Mrs Berry despite the fact that the builders' warranty on the property had expired. As a gesture of goodwill, we undertook the work to the sewer.

"We have been informed of the incident involving Mrs Berry but understand from information received that this did not occur in the area of the excavation and therefore totally refute the accusation."

A representative from the National Homebuyer's Bulding Confederation, which guarantees new property for 10 years, is visiting the Berrys today, Thursday to discuss the problem.