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-4- (comment reply) I would though comment that:
Settlement Proposal In a final attempt to save my time and your expense by bringing this matter to a conclusion without court proceedings, I am authorized to confirm that Mrs Hillgarth is willing (a) to release you and your co- directors from all civil claims against you in respect of matters arising prior to today's date, and (b) to waive any claim against you and your co-directors for her legal fees in this matter, and (c) not to press criminal charges against you or your co-directors, provided that the following outcomes can be achieved:
(comment cont.) ....this would appear to be a thoroughly disreputable list of proposals, nay, possibly illegal if indeed there was any truth in such serious accusations as fraud, theft, blackmail, intimidation, vote rigging etc etc which you appear to be offering could be bought off so frivolously with no correct reference to the various relevant authorities.
Indeed it must have appeared so, as the above proposals were subsequently followed by another (the fourth) set of demands in your letter dated 4 July 2017 some seven moths later, demanding:
1. Compensation and/or reimbursement for damages in tort based on deceit and/or fraudulent misrepresentation and/or negligence, and/or misfeasance and/or breach of statutory duty
2. Reimbursement of the sum of £11,514 being client’s one ninth proportion of the overall amount of £105,877 charged to the Service Charge reserves, less £250 in respect of the statutory cap
3. The claimant now sues on a “stopped cheque” seeking reimbursement in the full sum of £2650 unlawfully misap- propriated and/or converted by the Defendants (MHML)
(comment reply) These too were ignored as being totally fictitious and undocumented in light of all previous corre- spondence, with fully comprehensive supporting documentation in support of all denials to the accusations. We yet again made reference to the fact that Mrs Hillgarth (your client) was fully conversant and in total agreement to the processes employed during the 2014 Major Works as is well evidenced on the audio recording of the 23 May 2014 Board Meeting when it was agreed MHML would make savings wherever possible and in any way possible to fund items considered unaffordable which were not in the Schedule of Works, to which your client, when the savings made but not refunded to lessees was explained, exclaimed “will be used for something else” followed by “well then everybody will be happy”. Her co-Director, Segar Karupiah was present (although she queried his existence at the meeting) and can also confirm comments made. She also denied music was playing in the background mak- ing her allegation of tampering with the audio recording somewhat impossible? She denied saying “well then every- body will be happy” but not, to date.... “will be used for something else” which begs the question of what that might refer to?
She was questioned on oath, with you, her Solicitor in attendance, at a hearing of the First Tier Tribunal on 26 June 2017 at 4.12pm and it is on record at the Tribunal that she denied saying “well then everybody will be happy”. She might also have denied, if questioned, that she falsified Tenancy Agreements by signing them off as having received all consents required to sub-let her property at Mitre House. She had not and indeed refused to apply for consents for decades until finally required to do so by our newly installed managing agents, Maunder Taylor.
It was this insistence on full compliance with her lease covenants most especially whilst she was a Director of MHML that is at the root of Mrs Hillgarth’s antipathy and dislike of both MHML and myself in particular.
Consequently, we repeat that all and any accusations, innuendos and various demands made by you on behalf of your client have no foundation in truth and no monies are due to her or anybody else by MHML, and having obliged as our three initial offers made transparently clear we wished to do, we donated the only asset MHML owned, namely the Head Lease, at nil consideration to your client’s newly formed company and are closing down MHML.
Yours sincerely,
Paul Brown-Constable/Director
cc Dima International/Jamil Raja/Segar Karupiah/Michele Hillgarth/Registrar at Companies House