Page 32 - 70_PBC to Begg (Nuts)_16-11-16 (33pp)

And finally your request: “You make no comment on the Fourth Schedule (ie as to whether you are willing to undertake any remedial steps without the intervention of the court)” (my comment) knowing Mrs Hillgarth’s litigious nature, I can see this going right up to the Court of Appeal - but if this response is considered out of time given your numerous confusing deadlines, I’ll simply read this response out in court and watch their Honours drift into a well earned snooze!
Fourth Schedule - Matters specified in the Third Schedule which are considered capable of remedy; steps required to remedy them.
1. MHML should within 30 days by notice to all the leaseholders resign in writing from the management function at Mitre House, and appoint Smith Waters, a property management company of 4, Panton Street, London SWI Y 4SW, whom failing Best Gapp, chartered surveyors of 81, Elizabeth Street, Eaton Square, London SW1 W 9PG as the professional managing agent for the Property or such other professional manag- ing agent as may be agreed with the leaseholders, such appointee to have the appropriate qualifications, training, skill and knowledge to carry out the role.
2. Within 30 days provide detailed breakdown of expenses incurred in relation to the substantial refurbishment which took place in the last quarter of 2014, making available the original invoices from suppliers, and provid- ing details of any payments made to MHML or to directors of MHML in respect of work carried out (or purport- ed to be carried out) by them.
3. Within 30 days repay to each leaseholder the amount charged by MHML to that leaseholder (to the extent it exceeds £250) in respect of the said refurbishment.
4. Within 30 days repay to Mrs Hillgarth the sum of £2,582.74 which was improperly charged to Mrs Hillgarth in respect of the "Right to Manage" application formerly pursued by Mitre House RTM Company Limited, and which was fraudulently converted by MHML.
5. Arrange for the repainting, at its own expense (and through proper professional decorators), of the common parts of the Property with the internal colour scheme - white and taupe - originally approved by the leasehold- ers.
6. Within 30 days comply with the proposal by Royal London Insurance Limited (through their solicitors Macfarlanes) to issue shares to those leaseholders at Mitre House who do not presently hold shares in MHML, such that the issued share capital of MHML will become £9, consisting of 9 Ordinary Shares of £1 each, and such that one Ordinary Share of £1 in MHML will be held by each of the nine leaseholders at Mitre House.
7. Within 30 days all current directors of MHML must tender their resignation in writing from the board of MHML, to be replaced by such other leaseholder directors as the remaining leaseholders may nominate.
6. Within 30 days take down the MHML website at (http://www.mitrehouse.com/mitre-house-management-lim- ited.html)
I’m hopeful, though, that the court officers have an Army background as they will recall Brigadier General Anthony McAuliffe’s legendary response in Bastogne on 22 December 1944 when requested to throw in the towel...
“Nuts” ...and a week later walked away the winner. Was he delusional? I don’t think so. Yours sincerely,
P. F. C. Begg Solicitor
cc Anybody who requests further information.