Page 2 - 67_PBC to Begg Addendum_31-10-16 (24pp)

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It is agreed one again presumes, that we made it quite clear (in the absence of acceptance of our offer to comply on 1st April) that if we received confirmation that indeed our denials of the extensive listings of malfeasance and accusations made in your 23 March letter alongside the demand for documents, was considered appropriate and the veracity of our denials was now fully substantiated, we would reconsider our subsequent withdrawal of our offer to comply (due to its unacknowledgment and miscellaneous other accusations in your 23 March letter requiring attention) and oblige Mrs Hillgarth’s out of time request.
It is agreed that no such confirmation has been made or received to date.
Witness Statements from Mr. White (his initial and the revised) and Mrs Hillgarth’s both maintain that monies due to our initial electricians, BES/Nigel Brooks, was not paid and it was inferred that requests for payment were ignored (following the same comment as attributed to Mr White’s outstanding £1590).
In my reply to you dated 14 June 2016 (with my comments attached to your letter (mistakenly dated 14 May 2016 but actually 14 June) referencing, amongst multiple other references, Mr White’s Witness Statement’s inaccura- cies, one of which was the above reference to non payment to BES/Nigel Brooks.
To recall, I wrote/replied (on 14 June 2016):
b) reference to not paying our Electrician, Nigel Brooks. I think it can be established and confirmed by Tony White that APR Lawrence were so impressed with our Electricians, that they purloined them leav- ing us high and dry. Our extensive new electrics were finished off by our backup sparks with supporting invoices obviously. Nigel Brooks accepted our explanation (I am presuming) as we did not hear back fol- lowing 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 further 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 have never ever been in default on received invoices, ever, as indeed our prompt by return payments to AR Lawrence and our Surveyor and indeed any of our sub-contractors will attest to. It would hardly be acceptable to our Freeholder, nor indeed to my fellow directors, or our lessees, if we ran up a bad credit rating or ended up in the small claims court – or worse!
You will note that this very same accusation was raised again (two months after my denial above on 14 June) in Mrs Hillgarth’s Witness Statement dated 10 August where she not only repeats the accusation but now also confirms “I have subsequently been able to verify this information from Mr Brooks himself.”
Does begg the question of why she did not verify at the time she tutored Mr White’s Witness Statement - see attached (Ref A)
Her full statement was (Item 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.”
Consequently I was again required to confirm: (comment/reply) Item 85 - all comprehensively covered in pre- vious correspondence - References such as non payment to “an electrician Nigel Brooks” is a proof perfect example of Mrs Hillgarth’s imagination..... I can confirm, for the umpteenth time, that Mr Brooks was paid £1200 on 11th August 2014 and £1200 on 4th September 2014 - this particular accusation has been repeated by you and Mr Begg and in Mr White’s Witness Statement - it’s a lie, it’s not true and as previ- ously made clear I suggest you check with Mr Brooks and refrain from repeating it.
But of course she has, adding? “I have subsequently been able to verify this information from Mr Brooks himself.” Indicating somebody is lying? But who? And as below states, even Mr White’s edited Statement now dated 8th
July 2016 still carries the accusation despite now being 3 weeks after my rebuttal on your 14 June letter?
The relevant significance of this particular erroneous accusation is that, if true, then any accounting of the costs of £31,756.21 made from savings from the agreed budget of £105,019 to include vat and fees for the additional works not in the Schedule of Works would be £1200 short? This would therefore have resulted in further accusa- tions of MHML (me) falsifying actual costs incurred. Yes or No?
Hence the importance of confirming if BES/Nigel Brooks was paid £1200 on 11th August 2014 and £1200 on 4th September 2014 - or not?
To facilitate your decision and to remind Mrs Hillgarth, I attach an email dated 15 June 2016 (REF A) of corre- spondence between myself and Mr White most especially my email to him which refers to the “Brooks” debt - and