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I also attach a copy of our latest letter back to her Solicitor, coincidentally dated 27th October being the same day I have just received your letter and you will a reference to your letter.
To recap information discussed at our meeting and in correspondence, Our year ended 2014 annual accounts were dated 30 May 2015. The initial request for documents was not made until 17 December 2015, which was 17 days outside of the statutory 6 month period and we referred to the clause in the lease which made this perfectly clear as indeed it also does on the reverse of the Quarterly Demands sent to all lessees.
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Our own Solicitor has advised us yet again that her recent request on 8 September is as invalid as her first on 17th December 2015 for patently obvious reasons.
I attach the reference she refers to in our 2015 Accounts (Page 5) but I think she actually means page 5 of our 2014 accounts, also attached. This is typical of what we have to endure with Mrs Hillgarth.
This most recent request for the 2014 documents simply because, as is normal with accounts, there is reference to the previous set of figures in the following year’s accounts, namely our 2015 Accounts, is not a valid request for 2014 documents nor are we obligated to oblige her out of time request for 2014 documents as is already well established and agreed.
We have though, as I made clear we had previously offered at our meeting and confirmed in writing to you, repeated our offer to consider obliging once we receive confirmation that all the various untrue accusations levied against ourselves in correspondence to date, all of which have been denied and evidenced with fully supporting documentation. None has ever been forthcoming, indeed they have multiplied
Schedule 8_pp17 (5)_The Lessor shall procure that there shall be open to inspection by the Lessee
during normal working hours during the daytime on reasonable notice in writing at the Lessor’s premises for a period of six months following the date of the Accountant’s certificate the audited accounts for the preceding Maintenance Year and the Lessor shall further supply to the Lessee a summary of such accounts
As such, Mrs Hillgarth, did not make a valid formal request to view any documentation from our YE2014 Service Charge Accounts (dated 30 May 2015) until her email request on 17 December 2015. We have also taken legal advice on this and it has been confirmed as such.
I also did supply you with a copy of the 2014 accounts dated 30 May 2015, Mrs Hillgarth’s email request dated 17 December, a copy of our Quarterly Demands statutory details and indeed showed you the disputed requested documents.
Again, my apologies that you are yet again involved but I’m hopeful your legal department will agree with the advice we have received that Mrs Hillgarth’s 8th September request is not a valid request to view documents from our 2014 Accounts.
Yours sincerely,
Paul Brown-Constable
cc Segar Karupiah, Dima International Ltd
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