Page 7 - 53_PBC to Begg (Crime OCR)_12-7-16 (33pp)

As regards “not under her control”, I have adequately proved that Mrs Hillgarth had a totally different agenda to that of her fellow co-directors. She is on record, on file, as maintaining we were purchasing the Head Lease in July 2011 to both maintain and control costs at Mitre House for all concerned, both live in residents and those, like herself, sub-letting. That attitude only lasted 6 months...
It is fully admitted that myself and my fellow co-directors were at odds with Mrs Hill- garth within days of even forming our company and purchasing the Head Lease (she was obstructive, absent mostly, inefficient and incompetent to a degree we had not expected. Regrettably this inefficiency and obstructiveness carried through until mid 2012 (6 months into our tenure) when she canvassed other lessees and approached an outside Agent for her own nefarious reasons - all as previously recorded.
This was solely because she wished to spend funds far in excess of those available in Reserves which resulted in a near two year delay until both interior and exterior works were required to run concurrently (whereas she canvassed for them to be spread over two years which Management explained would leave us badly exposed to our statutory requirements within our Head Lease - all as outlined in the attached ref AAA - the minutes dated 23 May 2014).
It is Mrs Hillgarth who is “non qualifying”, certainly as a Director of MHML but also doubtful in her claim to be a property developer.
8 Subsequently Mr Brown-Constable and his MHML co-directors removed Mrs Hillgarth as a director of MHML on 18 September 2014. Having removed Mrs Hillgarth as a director, Mr Brown-Constable initially sought to impose, through MHML, charges amounting to £2,582.74 for the time spent by himself and other MHML directors in dealing with this "Right to Manage" application. The invoice was initially submitted to a company called Mitre House RTM Company Limited (this being the special purpose company, set up by Mrs Hillgarth and others, to pursue the RTM application). However the RTM company had not agreed to pay those charges, and nor had Mrs Hillgarth.
(reply) I cannot see Mrs Hillgarth or indeed anybody else ever pre-agreeing to pay? How exactly should we have gone about requesting of her and her participants if she was willing to pay for our defence of her actions. She even requested in an email (on file) if we’d held a board meeting to discuss which solicitor MHML should employ to contest her RTM? The result of her RTM was that we were advised by my friend and solicitor of 50 years that he’d been told by his senior partner that they could no longer represent MHML due to a conflict of interest with Mrs Hillgarth who had gone behind our backs and was surreptitiously utilising our MHML (and mine) lawyers!!!
I know, you just couldn’t make this up (as I’ve now said half a dozen times in trying to explain this and other situations including those on your 23 March letter)
In an email from me to Mrs Hillgarth on 26 March 2014 in reply to her email:
The answer to your perfectly valid queries are as follows.
1_Professional Fees £2738 - is the fee I charged Mitre House Management Limited for all the work, effort, time and costs that I expended in dealing with the failed RTM application which you were involved in. Segar & Jamil were consulted and agreed it was more than fair. I think even you would have considered it inappro- priate to consult you?
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