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-9- 4_ accounting & reserves concerns.
(a) in a letter from “PBC” to “mH’s” Solicitor on 28 may 2016 he states: As I will amply explain to Mr. Belafonte [RBK&C], and prove beyond a shadow of doubt, the requested documentation (13 original invoices, 10 of which relate to the £105,877) is in perfect order, amounts to £105,877 and would have been supplied as we agreed to do in our unacknowledged letter of 1 April 2016 but our offer to comply was ignored, for very dubious reasons as documented, but as you had made multi- ple slurs and accusations, again totally unsubstantiated and all totally disproved as you well know, in your initial 13pp letter of 23 March 2016, all of which required our immediate reply, along with irrefutable proof to deny the malicious untruths of your client’s various and multiple accusations bordering, in our Solicitor’s opinion, on the libelous. We did, though, still offer to comply once we received our requests. (Folder_00 Item_40)
(b) in a letter from “PBC” to Steve Belafonte on 28 may 2016 he states: I can also prove cate- gorically whilst attending your office, that despite what you have been told in very unsubstantiated innuendo, that absolutely no lessee, including Mrs Hillgarth, made a formal nor indeed informal request to view any documentation from our YE2014 Service Charge Accounts (dated 30 May 2015) until Mrs Hillgarth’s email request on 17 December 2015
Mrs Hillgarth’s request was the only one received, and in fact the only one in the 5 years we have been managing our little block of 9 flats at Mitre House, SW3. Any reference to others is 100% unsubstantiated. (Folder_00 Item_41)
(c) in a letter from “PBC” to Steve Belafonte on 8 June 2016 he states: I attach a copy of the 2014 accounts dated 30 May 2015, Mrs Hillgarth’s email request dated 17 December, a copy of our Quarterly Demands statutory details and I have with me the various requested documents. (Folder_00 Item_42)
(d) in a letter from “PBC” to “mH’s” Solicitor on 25 may 2016 he states:
17_as is well documented on this 22 June 2014 s.20, available funds amounted to £98,262 approxi- mately with a requirement to fund a £105,019 works programme agreed by Mrs Hillgarth etc
18_MHML made clear that we were therefore short of approx. £7000 and it would be not be advis- able to have zero funds in reserves to cover unanticipated additional (exterior) works (as is usual in these situations) as well as we should have accessible funds available for unexpected emergencies, the lift or urgent repairs etc. Consequently MHML proposed, and subsequently received 100% agreement (eventually) for a £2000 per lessee (9x £2000) contribution to cover all and any contin- gency. Mrs Hillgarth, having agreed [at 23 May 2014 board meeting as the Minutes evidence], then began canvassing other lessees as to why and not pay etc. (Folder_00 Item_43)
(e) in the letter dated 10 June 2016, from “mH’s” Solicitor sent to only my two fellow direc- tors, messrs Karupiah & raja as well as our auditors, (but not “PBC”) he writes: In summary the leaseholders have been charged £105,877 for the refurbishment work at Mitre House which has been met out of existing Reserves. On top of which MHML has received an additional £18,000 (an additional £2000 surcharge, requested in September 2014, on each of the nine flats) which remains unaccounted for. But according to Mr White’s [Witness] statement the total actually paid by MHML to AR Lawrence was only £62,010 - that is £63,600 (being £53,000 plus vat) less £1590 remaining un- paid in respect of retention. So MHML and/or its Auditors must account to the leaseholders for the missing balance of £61,867 (ie £43,867 plus the additional £18,000). Where has this gone? (Folder_00 Item_44)
(f) in a letter from “PBC” to “mH’s” Solicitor on 14 June 2016 he states: I have just been advised of correspondence you have sent to my fellow directors, Mr. Karupiah and Dima International Limited, sent by all accounts Recorded on 10 June 2016 (but somewhat dubiously dated given your previous record). (Folder_00 Item_45)