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It would be references to the “Christopher Lee Pemberton from Flat 8 (since May 2015) pressed Mr Brown-Constable, without success,” that we would be needing to peruse and substantiate. (Folder_00 Item_15)
(o)_and in the attached addendum to the letter: For ease of identification this is your para (15) and I have bolded and underlined my query:
15_“Not only Mrs Hillgarth (on 10 and 15 December 2015), but other leaseholders including Diego Fortunati from Flat 9 (on 17 and 21 December 2015) and Christopher Lee Pemberton from Flat 8 (since May 2015) all pressed Mr Brown-Constable, without success, to provide relevant de- tails of the refurbishment work carried out and a proper breakdown of the "reserves utilised" figure.
I have previously dismissed your reference to “including Diego Fortunati from Flat 9 (on 17 and 21 December 2015)” as being untrue and supplied relevant documentation to fully evidence. How many more accusations have to be denied? (Folder_00 Item_16)
(p)_in the s.22 Notice dated 10 august 2016 (Section 7. The 2014 refurbishment, failure to follow Section 20 consultation procedures, and mHml's undisclosed charges.) it states: Not only Mrs Hillgarth (on 10 and 15 December 2015), but other leaseholders including Diego Fortunati from Flat 9 (on 17 and 21 December 2015) and Christopher Lee-Pemberton from Flat 8 (since May 2015) all pressed Mr Brown-Constable, without success, to provide relevant details of the refurbish- ment work carried out and a proper breakdown of the "reserves utilised" figure. (Folder_00 Item_17)
The Tribunal will note that Mrs Hillgarth’s Witness Statement is also dated 10 August 2016 and despite all the above references to herself and other lessees being denied requests from myself it is patently not true as her own Witness Statement makes clear, namely she states in (Para 73): “I think many of the lessees, including myself, were so completely exasperated and ex- hausted with dealing with him [“PBC”] that we failed to take advantage, within the prescribed period of six months from the date of the service charge accounts, of section 22 of the Landlord and Tenant Act 1985 to inspect the invoices supporting MHML's service charge accounts summary”. (Folder_00 Item_1)
2_mrs Hillgarth’s Witness Statement (Paragraph 85) dated and signed 10 aug 2016 and included in the Section 22, landlord and Tenant act 1987 - Non payment due to suppliers:
(Para 85) According to Mr White the same scenario happened with an electrician Nigel Brooks who carried out some electrical work at Mitre House in July 2014. He submitted an invoice for £2,095.20, but only got paid £ 1,200, and remains unpaid. I have subsequently been able to verify this information from Mr Brooks himself. (Folder_00 Item_17)
(a)_in a letter from “PBC” dated 14 June 2016 to “mH’s” Solicitor with reference to mr Tony White’s initially supplied Witness Statement on 14 June 2016 he writes: b) reference to not pay- ing our Electrician, Nigel Brooks. I think it can be established and confirmed by Tony White that AR Lawrence were so impressed with our Electricians, that they purloined them leaving us high and dry. Our extensive new electrics were finished off by our backup sparks with supporting invoices obvi- ously. Nigel Brooks accepted our explanation (I am presuming) as we did not hear back following his request for final part payment in April 2016 – and yes I have full supporting evidence. Again, this is an extraordinary additional item on the Witness Statement as surely both AR Lawrence and Nigel Brooks could have both been in their rights to pursue us legally for unpaid debts. We were never fur- ther contacted over and above my email reply to Leo White on 8 September 2015 and to Nigel’s bookkeeper on 16 April 2016 (some two years after we had initially paid Nigel his first invoice). We