Page 9 - 53_PBC to Begg (Crime OCR)_12-7-16 (33pp)
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10 Mrs Hillgarth did not cash the cheque for £67.26 which Mr Brown-Constable had sent her. That would have been to accept an unlawful offset, which she was not prepared to do. The amount offset against her dividend has never been repaid to her.
(reply) Mrs Hillgarth was removed some 16 months after her attempted RTM as her disloyalty and thoroughly unprofessional attitude, dealings and mischiefs continued unabated in direct conflict with her fellow directors and our efforts to maintain maxi- mum economies wherever possible - exactly as we have proved in all correspondence to date with you.
The company’s registered office was with her Solicitors. The invoice from MHML
was presented there. It was returned stating they no longer represented the company. In fact a strike off of Mitre House RTM Company Limited has only recently occurred and the company was in serious default on various other statutory matters. (See attached ref C).
The invoice was correct in every respect and reasonable as the details attached to it well evidenced and without doubt MHML were more than entitled to charge for their published time and costs which, as in this latest affair, were extensive. No doubt further invoices were received by Mrs Hillgarth from other sources. Were they paid?
I’ll bet you a lunch that she had one helluva row with her Birmingham legal eagles and they would be very useful for MHML to request of them a Witness Statement as to Mrs Hillgarth’s credit rating, attitude, business acumen (as a property developer) etc etc
I’ll also bet you £10 or another lunch she did not reimburse them fully!
Of course there was a legal obligation to pay. Mrs Hillgarth was in debt to MHML and from a bookkeeping point of view, it was a simple process to deduct from the payment she was due from the amount she owed. That’s what Bank’s do surely?
As previously stated, no dividends were ever paid by MHML and still have not been paid to anybody to date. MHML received lease extension receipts and after tax, were split between directors who invoiced for their percentage share.
Mrs Hillgarth is on record as not responding to requests to confirm receipt of notifica- tions relevant to documents requested by MHML or herself. She was often abroad at critical times, as presently?
Mrs Hillgarth did not acknowledge receipt of the first cheque which we requested she do, and we sent her a second cheque. Again no acknowledgement proving yet again her non compliance, non communication, non confirmations.
11 (C) The 2014 Refurblshment/Section 20, and MHMl's undisclosed charges.
Relationships between the leaseholders and MHML have become increasingly strained.
This came to a head following a major refurbishment of Mitre House which took place in the last quarter of 2014. Amongst a multitude of other failings (described at some length in a letter from Mr Begg to Mr Brown-Constable dated 23 March 2016 - see Item 2) MHML has failed to provide the leaseholders of Mitre House with a proper summary of the service charge account (such as to clarify who was paid how much and for doing what in relation to the refurbishment project) or to allow access to inspect invoices and supporting documents.
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