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As I now understand it (it was not copied to me by Mr Hodges as you maintain), you also emailed Mr Hodges via Olivia (but not copying me) at 15.32 on 12/8/11 your Director's details (not fully though as Sigg and Hillgarth still not fully confirmed) expecting him to arrange your details on Mitre House Management Ltd. That he would not have been able to do without contacting me for further details, company registration etc and more importantly something that, had he had the time to do, he would have been well entitled to charge for doing. Something I was trying hard to avoid in keeping our costs to an absolute minimum.
I appreciate the paucity etc of your internet connection, but I had no problem calling you on your mobile and indeed you also had a landline, so excuses of difficult communications don't hold water. Why should I be expected to call your mobile (which I did because I said I would) and send texts and then await your promised return call which never ever materialised? The next time I heard from you was your lease extension letter on the 9th September - that's a long time between my call and texts on 11th August...... what would you think?
It also transpires that what upset you were the pretty obvious and perfectly reasonable democratic references to how decisions are made, both in France and UK, and that's a majority decision - unless you want it run like Guantanamo Bay, in which case my decision is final! We four in the Management company can only enact and enforce the Lease obligations of all Leaseholders as well as making decisions as to Managing Agents etc - once it comes to many other decisions, the Residents Association, most especially those that live there as opposed to sub- letting, have a much greater say in the actual running of the place. It's the residents who can take us to task for bad management, bad agents etc and in fact can force us to change Managing Agents via a simple application to the LVT (Leasehold Valuation Tribunal). As such, it's pretty obvious that if a decision has to be made by the four of us, majority takes preference - it's a legally binding, regulated, long-established, outlined in the M&A etc etc - ie normal business practice. If no majority exists (ie 2 for and 2 against) how do you propose we get something done - it's stalemate and as such someone has to break the deadlock and without a doubt, Segar and I who live here will most likely have the final say along with, if we decided to involve the Residents Association (live-in members) as well, a big majority vote.
A simple example and in fact the only decision i can think of that might be contentious - the colour scheme of Mitre House common parts (or indeed Bedford Gardens were it split into flats). Would you or your family tolerate a sub- letting, non resident leaseholder decide on the colour scheme over your preferences, being a family who lives there. I doubt it.
It's very doubtful we four will fall out over any decisions as we all want a cleaner, prettier, better maintained, cheaper run Mitre House, so don't worry about it - but you must remember that'll it be Segar and I who have to face the residents every day - we're the ones who'll be driven mad by constant complaints if anything goes wrong (like the lift out of order at present), suggestions, queries, keeping an eye on things, reporting problems and generally being unpaid concierges (nuit et jour - oui noir et blanc) - BUT, if you want, we'll log your mobile and home phone as the contact number for all queries - then you get the Guantanamo sole vote!
As I stated earlier, Mr Hodges' brief for his very reasonable fees of £2500 was as follows and nothing else:
1_He would receive emailed confirmation from each applicant that they were happy for him to act for them (a legal requirement) before he could begin the process.
That was simply one email from me to Segar, Samya, Jamil and you on 30/4/11 stating:
Dear Mr. Hodges, Ref: Auction by Rivers Edge of Headlease.
I confirm that I, Michele Hillgarth of Flat 5, Mitre House, 124 Kings Road, London SW3 4TP, UK, being the leasehold owner of Flat 5, am happy for you to act for me and the other leaseholders of Flats 2, 4, 6 and 7 at Mitre House in the preparation and servicing on the landlords, Rivers Edge, the appropriate notice regarding the Auction of their leasehold interest. Yours sincerely, Michele Hillgarth
All others responded immediately (and copied me as requested so I knew it was done) direct to Solicitor but I then had to remind you again on 2/5/11 and yet again on 4/5/11 to please send your confirmation direct to Mr Hodges in the format I had advised. I have no idea if you did as I certainly wasn't copied, but presume you did.
2_ I would supply him with the names and addresses, plus copies of passport and utility bill of 5 initial applicants before 9th May.
That was simply one email from me copied to each leaseholder at Mitre House requesting IN or OUT. And if IN, send me your name and contact address plus copies of your passport and utility bill so I can forward all in one package to the Solicitors. Segar, Samya, Jamil and Maria all complied (with Maria only helping if required to make up 5). You did not, preferring to send direct, firstly with Forsters, then after the deadline to Mr. Hodges. (see below)
3_I would guarantee all monies due for legal work.
That was simply, in the first instance, one email to Segar, Samya, Jamil and you on 31/5/11, with a copy of the first invoice and requesting £108 from each. You kindly replied on 3/6/11 stating cheque in the post and your ID info finally sent to Mr Hodges (should have been in by 9th May and more easily sent to me).
4_ I would supply him with the final applicants (4) who wished to proceed, form a limited company, arrange required Director's details etc all by deadline 15th August
That was simply me forming the company and emailing Segar, Jamil and you for exact details required for inputting Director's details. All was done and details received, but not from you.