Page 2 - 11_PBC to Begg Cover Letter_16-4-16 (4pp)

2c_As such based on your 23 March letter’s insistence, a grand total of £88,683.04 (references above (1c) £17,810 (2a) £39,307.83 and (2b) £31,565.21) must be refunded to lessees. [not refunded to date]
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2a_Monies collected from Lessees over and above the s.20 agreed budget of £105,019 must also be returned as were subject to s.20 Notices which were not progressed. Amounts collected were £18000 [£2000 x 9 lessees], Water Tank £7810.83 [£867.87 x 9] and Communal TV Sky £5337 [£593 x 9] - Window Repairs for all 9 flats totalling £7302 [despite these not having been paid to MHML but the specific Contractor]. Plus £858 over budget. Grand Total £39,307.83 - [we have not obliged this request to date].
2b_Works executed which were not included [or as you maintain, required] in the Surveyor’s Schedule of Works dated December 2013 but were included in the agreed s.20 budget of £105,000 (finalised at £105,877) as per Lessee expectations and requests, amounted to £31,565.21
2d_Also to be refunded to Mrs Hillgarth is £2650 less paid (£67.26) totalling £2582.74 [two cheques for £67.26 were presented to Mrs Hillgarth so necessary to only cash one if this refund is progressed] - [not refunded to date nor will it be as not due and was not a Dividend anyway nor are any other amounts due to Mrs Hillgarth].
2e_And the reimbursement to Mrs Hillgarth of any Dividends paid to other Directors - [there were none]. 3a_MHML are required to have agreed [by Tuesday 5 April 2016] to make all Works' original invoices available
for inspection by 8 April 2016 and have copying facilities available. [We did comply on 1 April 2016].
3b_Any failure by MHML to comply with (1a), (1c), (2a), (2b), (2d) and (3a) by close of play 8 April 2016 will result in a report to the Serious Fraud Office and an application to the First Tier Tribunal (Property Chamber) under Sections 22-24 of the Landlord and Tenant Act 1987 and an Order for Inspection of Documents.
We did not comply to any of the above by the deadline set of 8 April 2016 for reasons well explained in our correspondence dated 1st and 8th April [and further in our present correspondence to your 15 April letter], both of which [1st and 8th April] remained ignored and unacknowledged until 15 April 2016 as a result of your
pneumonia. Mrs Hillgarth’s noted absence of reply or acknowledgement whilst you were incapacitated still remains contentious and we would welcome further comment. Further comment attached on your letter.
As stated previously, Mrs Hillgarth’s accusations and demands border on insanity when viewed against our provided evidence to the contrary with just one prime example being Mrs Hillgarth’s inference that we, MHML, utilised and banked the lessees’ individual Window repair monies, despite her having written her cheque, like all other lessees, direct to our main Contractor. The other demands are equally erroneous.
Hopefully, leaving aside the various accusations made by Mrs Hillgarth in your letter dated 23 March 2016 - most if not all are refuted as previously indicated, most especially those various accusations of not having responded to queries with relevant and correct information including requested documents [ie Schedule of Works, references to documents available on or website, Electrical PIR reports etc etc] the above items referenced 1a - 3b above outline the situation you, on behalf of Mrs Hillgarth, are demanding for full satisfac- tion. A total refund to lessees of £88,683.04 by 8 April 2016 or face the consequences.
As made clear in the comments repeated on your 15 April 2016 letter from our 8 April letter, we will supply the 14 invoices (10 refer to the £105,019 (£105,877) agreed budget, plus the remaining four which refer to the Water Tank, TVSky install and Mrs Hillgarth’s keys [not just her] and her £250 additional TVSky workings) once we receive our requested confirmations, apologies for errors and full agreement to comply with covenants.
And yes to confirm, in the absence of an acknowledgement to our offer to courier over the 14 invoices [plus copies] in our 1 April letter, we now, after due consideration of the vitriolic and almost libellous allegations levelled to date against both myself and MHML, as well as Mrs Hillgarth’s stubborn refusal to comply with her lease covenants despite frequent and long standing requests to do so, require both full compliance and confirmation [with apology] for those allegations made which we have proved without a shadow of doubt are simply untrue and totally unsubstantiated slurs, innuendos and maliciously fabricated untruths.