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“HOW DID YOU THINK MHML WERE FUNDING THE NEW LIGHTING?”
xvii) Consequently substantial savings of £31,756.21 were made by MHML from the final £105,019 including vat and fees budget and used to progress all “unaffordables” and more, using both professional tradesmen where necessary (electrics/the lift/carpentry) as well as MHML personnel where possible if some works could be performed to an acceptable and good standard, which they were as a perusal some five years later amply evidences.
xviii) For the servicing, arranging, organising, performing and appropriating the savings made of £31,756.21 and spent, MHML invoiced the Service Charge for £15.572.85. All costs, supplies, fitments etc incurred, totalling £16,183.36 were all paid directly from the Service Charge Current Account. Mr Brown-Constable subsequently invoiced MHML £7500 for the workings, time and costs he incurred whilst appropriating the £31,756.21 savings, which had nothing whatsoever to do with the Service Charge. It was a cost to MHML as any creditor’s invoice would be.
ixx) The above (xviii) was considered in your letter dated 23 March 2016 as “I need hardly point out that once your leaseholders have been informed that contractors have been appointed to do a fixed job at a fixed cost, it is potentially fraudulent (at least without informing them) to mislead your leaseholders by doing the work yourself, or through others, and then to keep the money which was paid by the leaseholders to get the work done. And this remains the case even if the aggregate cost to the leaseholders is the same as, or less than, they would have paid to the agreed contractor.”
xx) Consequently, we have had three years of you repeating the very same accusations and innuendos as (ixx) above plus various other thoroughly pathetic and “petty” observations, all satisfactorily and comprehensively denied with supporting evidence, and more recently various equally misinformed “financial forensic investigations queries” all answered on the relevant documents attached, namely Supplementary Report To City Of London Police and to The Insol- vency Service, Particulars of Claim, and anything else relevant to disproving your allegations.
xxi) What cannot be denied is simply that if Mrs Hillgarth did not agree to making savings to progress her Wade & Hemi quoted preferences sourced by her in July 2012 and January 2013, nor indeed wished them to be progressed, nor indeed was aware that Paul Brown-Constable was doing some workings himself (see emails “phoebe” dated 9 September and 13 September 2014) then it is without doubt a necessity to have a court and Judge to decide the truth let alone her sanity given the common sense aspect ?
xxii) If indeed though it is agreed that savings were to be made, in any fashion possible, and were made and spent, and all “unaffordables” were accomplished in a more than satisfactory and acceptable fashion, and were reasonably paid to those who’d organised and performed the “unaffordables” for the benefit of all lessees let alone the interior of Mitre House and its marketability (both sales & renting) then Mrs Hillgarth, as a director of MHML, was as complicit as her co-directors in, as you infer, fraudulently purloining money from leaseholders?
As an example to help Mrs Hillgarth decide whether (xxi) or (xxii) is correct I suggest before I respond to your financial forensics and indeed artisan detective work you demand of your client to respond to the following email received from her three months after the 23 May Board Meeting (the audio) and ten days before the works’ programme commences with scaf- folding going up on Sunday 31 August and remind her that this would probably be the first question her Barrister will expect a truthful answer to, namely:
“How were MHML and you as a Director planning to fund the lighting that you refer to in your email of 21 August 2014 to Paul and copied to all lessees?”
Mrs Hillgarth wrote in an email sent to all lessees on 21 August 2014:
PLEaSE rEFEr to attaCHED “ADDENDA/FURTHER REFERENCES” in SuPPort oF arguMEnt