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51 It was only a few days later (on 18 September 2014) that Mr Brown-Constable and his co-directors fired me as a director of MHML. I have subsequently been advised that they did not do that in the correct way as required by the Companies Act - they simply passed a resolution dismissing me as a director. I did not have any idea about these sort of procedural niceties at the time and I did not raise any objection at the time. In truth I was rather relieved to be out of it as I realised that I could be in- curring all sorts of liabilities for matters that were being handled in this extraordinary manner by Mr Brown-Constable and his co-directors.
52 Before I returned to Mitre House for my second attempt to collect the keys, Mr BrownConstable had informed me in an e-mail of 16 September 2014 that "keys [were] available for collection on receipt of monies due". So when I ca lied on 30 September, accompanied by a police officer, I took a signed cheque with me (cheque number 102475, as requested in Mr Brown-Constable's invoice 014/08 dated 12 September and issued to me on 13 September 2014) and naturally expected that the keys would be available. However when I handed over this cheque for £50 he said that he did not have the keys. (This notwithstanding that he clearly did have them because he had sent me an invoice for them on 13 September, and had specifically confirmed to me on 16 September that the keys were available). Indeed he tore up the cheque in front of the police officer and said he did not want my money.
53 Mr Brown-Constable then told me, in the presence of the police officer, that before I could have my keys I had first to pay some outstanding bills. What he was actually referring to here was some addi- tional sums related to the refurbishment --- namely the £2,000 which he was asking for as a top-up of the existing reserve, plus some additional sums for the replacement of the water tank and for a col- lective Sky aerial dish which was to be installed on the roof. These latter items had cropped up at the last moment and were to be dealt with outside the Section 20 process governing the refurbishment project. However the lessees (including myself) were questioning these payments and, not having re- ceived satisfactory answers, were withholding payment.
54 There was a sinister element to this demand for "outstanding bills", because Mr BrownConstable had made clear to me in an e-mail sent the previous day (ie on 29 September 2014) that I was to send an-e-mail to Flats 1,3,4,8 and 9 confirming that "t [meaning me] am paying my share of the commu- naltvskyinstallandmyshareofthewatertank.:”Hewenton:" and/wouldstronglysuggestagain if you agree, they all pay their £2,000 so we can complete all the works instead of leaving out things especially the terrazzo floor --- the whole place will be like a tomb, painted one colour white with a dirty old terrazzo floor .... " He then went on to enumerate the state of playas regards payment (or not) by each of the other lessees in the block.
55What he was unmistakably saying was that, provided I assisted him to secure these payments from the other lessees, there would be no difficulty regarding my tenant's unauthorised Sky dish and no worry re tenants set up as all we'll do is attach hers to the new set-up with tidy cabling --- she won't even know save for maybe an hour or two with no signal during the day") and that I could have my keys. I was unhappy about this and replied on the same day (29 September) at 12:56 "Paul I'm afraid / would like to stay clear of being your messenger. But as I said, I will be paying my share for the communal aerial and satellite".
56 That clearly infuriated him, as his tone now became more belligerent and menacing. At 13:13 on the same day he shot back: "Its OK Michele --- they don't shoot the messenger! You're dealing with some very contrary people who have no idea of the consequences--- read below as this [sic] are the conse- quences you cannot cherry-pick your wants and not-wants I'm afraid --- its all or nothing and nothing means no tenant dish allowed on root no terrazzo floor clean, one colour white on walls and the front door looking like a Soho bordello .... Get messengering before it's too late +as I’ve done my bit and as the saying goes, you can lead a horse to water but you can't make it drink ... ! That's your job now if you really want to get your tenant's dish sorted --- the alternative is --- snip .... it's gone!" (By this I
57 understood him to mean that he would disconnect Stella's TV aerial).
I replied to that at 13:48 the same day: "ff it comes to snip it's gone, that is destruction of private property. In any case, the tenant is aware of her mistake, hence why I am trying to resolve the situa- tion and fully prepared to pay [my] share of the communal installation "