Concurrently with this section, see also:
This section is a perfect example of how the offshore domicile of 'off-the-shelf', 'paper companies' allow the owners to hide behind them – making a mockery of Landlord & Tenant legislation and, by facilitating their trading in a monopoly board game style, place leaseholders in the situation of not knowing who controls their home at any one point in time.
This is certainly my situation: I do not know who controls my home, and I do not know whether there is an entity with control over the whole block. Hence, I do NOT know who has responsibility for performing the landlord's covenants in my lease.
This is to be added to not knowing whether the individuals who control their home – including service charge monies, which can run into millions of pounds - have a criminal record / major incapacity, as there is no vetting system whatsoever on the suitability of an individual to be a landlord.
In my case, I know that the common denominator across the majority of the 'paper companies' associated with Jefferson House, Mr Andrew Ladsky, is a criminal (fraud, blackmail, harassment, breach of S.10A of the Landlord & Tenant Act 1987, etc. each amount to committing a criminal offence) and, in light of his actions since 2002, quite clearly, in "very serious need" of psychiatric treatment (My Diary - 15 May 2008)
Sections
(1) The owners of Jefferson House hide behind an offshore facade, making Landlord-Tenant legislation a farce - Events in 2001 and 2002
Sections 1 and 2 of the Landlord & Tenant
Act 1985 refer to tenants' statutory rights
to be provided with the identity of the
landlord, as well as the name and address
of every director and secretary of the
landlord.
As
leaseholders requests to Ms Hathaway, MRICS, Martin
Russell Jones, were being ignored, in mid-2001,
some leaseholders approached Nucleus ,
our local Citizens Advice Bureau, in order
to help us enforce our statutory rights.
Nucleus sent a letter to Ms Hathaway on 5
November 2001, requesting the information.
Initially Nucleus contacted
Companies House requesting a search on Steel
Services, giving its registration number, 199568,
as shown on the Land
Registry (Rosebrae District). The 12
September 2001 reply from Companies
House stated "There
is no trace of the company on our records" .
Nucleus also contacted the Land Registry from
which the 10
October 2001 reply was: "Steel
Services Limited is in fact an overseas company and
therefore does not have a companies registration
number"
Like the leaseholders, Nucleus also failed to
obtain the information on the name of the directors
for Jefferson House, as Ms Hathaway replied to
Nucleus on 7
November 2001
"Unfortunately, we do
not have the names and addresses of
the Directors and Secretary of either the headlease
or the freeholder"
Clearly, Ms Hathaway was in contact with Cawdery Kaye Fireman & Taylor as, in her 15
October 2001 reply to Nucleus, the contact
address she gave for Steel Services was in
fact that of CKFT i.e. Cawdery Kaye Fireman & Taylor was acting
for Steel Services at the time.
CKFT also identified that it was acting for
Mr Andrew Ladsky. Indeed, in her identical letter to
two leaseholders, dated 11
October 2001, Ms Salim wrote
"We
are solicitors instructed by Mr Andrew Ladsky. "
There are numerous other supporting evidence.
For example, the 7
October 2002 letter sent to me by Mr Lanny
Silverstone in which he - illegally - threatened
to forfeit my lease. This letter has the reference 'LAD';
the 1
July 2004 Consent Order has, likewise
the reference 'LAD'.
By sending his 28 November 2002 letter to my employer, and one to me of the same date, following my 24 October 2002 fax to K&C Housing and 24 October 2002 fax to the LVT (detail in My Diary 15 May 2008), Mr Lanny Silverstone confirmed the connection between Mr Ladsky and Steel Services.
Furthermore, CKFT acted for Mr Arthur Ladsky,
instructing counsel, in the TSB
Bank v. Arthur Ladsky 1996 Court of Appeal
case. Messrs Andrew
Ladsky and Arthur
Ladsky were both directors of Combined
Mercantile Securities. (See also Directorships)
Please, note also that, in the "summary
of contributions to the major works" attached
with the ICAEW's reply of 29
August 2006, Mr Ladsky who is the registered
owner of flats #34, #35 and #5 prior to the start of the works has not paid any contribution. (NB: However, according to the ICAEW, some undetailed contributions in the 2004 year-end accounts were paid for some of the flats owned by Mr Ladsky - See Pridie Brewster # 18 )
(In fact, Mr Ladsky is also behind: Rootstock Overseas Corp; Lavagna Enterprises; Sloan Development, as well as Jefferson House Limited - see Headlessors ; Advisors to Jefferson House ; Directorships ; Freehold ownership ; British Virgin Islands registration )
Given that councils' housing departments are " the
prosecuting authority for contraventions
of the Landlord and Tenant legislation ", in
January 2002 I approached the Kensington & Chelsea
Council Tenancy Relations Officer (TRO)
requesting his assistance to obtain the
names of directors for the block.
On 8
January 2002 he sent Ms Hathaway a Section
2 Landlord & Tenant 1985 request to supply
the name of the directors and secretaries for
the owners of the block. After initially
replying in her 14
January 2002 letter "we do not have
the details" , Ms Hathaway, MRICS, wrote in
her 25
January 2002 letter to the TRO:
"The
Directors and secretary of Steel
Services are F.M.C. Ltd ",
with an address
in the British Virgin
Islands (BVI): "Tropic Isle Building, Wickhams Cay, Road town, Tortola". It is the same address as that given for 'Steel Services' on the 26 February 2002 court claim filed by Portner and Jaskel against the Elderly Resident.
(NB: By 23 April 2004, the BVI address for Steel Services had changed to Registered agent: "Insinger Corporate Services (BVI) Ltd, Beaufort House, PO Box 438, Road Town, Tortola". At 24 May 2006 (in relation of the transfer to Rootstock), and at 8 January 2007 (in relation to the transfer of the airspace to Rootstock) the acting party for Steel Services was given as "Enrique Sibauste")
At my request, the BVI registration authorities confirmed
that they had a company named F.M.C.
Limited on their register. As can be seen on the document, F.M.C.'s International Business Company number is 4344, and it was registered on 6 August 1981.
Other than the reference by Ms Hathaway in her 25 January 2002, this 'paper company' has never been referred to since. Well, at least, not to me.
As to
Jefferson House Limited, Ms Hathaway attached
the 23
January 2002 reply from Saxon Law.
From then on, there was a considerable exchange
of correspondence, which included:
The TRO contacting LEASE for advice and getting
the 25
February 2002 reply that "The agent
Martin Russell Jones must supply you with the
name and address of the landlord and upon request
the landlord must supply you with the name
and address of every director"
The TRO informing Ms Hathaway, on 5
March 2002 , that:
"The purpose of
section 2 of the act is to prevent
freeholders from hiding behind the corporate
veil. Leaseholders have a right to know the
names of the individuals who own their building.
Telling us that F.M.C. Ltd exists does not
achieve the purpose of the act."
Back to list
On 29 July 2002 , the Tenancy Relations Officer sent a Section 1 request of the L&T Act 1985 to CKFT stating that Steel Services could not be found on the Companies House register.
This led to the 1 August 2002 reply from Mr Lanny Silverstone, CKFT, to the TRO stating:
"All we can say is Steel Services Limited is an existing entity , and we have provided you with all of the information we have so far been instructed to supply"
As the 26
February 2002 Central London county court
claim filed by Portner and Jaskel on behalf of 'Steel
Services' (i.e. Mr Andrew Ladsky) against the Elderly Resident identified
Steel Services as the "freehold owner" and
stated an address in the British Virgin Islands,
I contacted the BVI Authorities. It led me
to discover that Steel Services had been
"Struck-off
the register for non-payment of licence fee"
- as
evidenced in the 8
August 2002 reply.
On 12
August 2002 , the TRO also sent a Section
1 request of the L&T Act 1985, as well
as a Section 2 request, to Ms Hathaway, in
which he highlighted that Companies
House had "no current listing for Steel
Services Ltd"
On 3
September 2002 the TRO wrote to Ms Hathaway
that, unless he obtained a reply, he would "refer
the matter to our legal department to consider
prosecution" .
He once again wrote to Companies House, on 8
October 2002 , to confirm that it did not
have Steel Services on their database.
In his letter dated 8
October 2002, the TRO gave Ms Hathaway 'a
last chance' to provide the information before
starting prosecution. This led to a reply from Ms Hathaway on 21
October 2002 that
"Steel Services
was not registered in this country"
In my 17
October 2002 letter to Cawdery Kaye Fireman & Taylor I wrote:
"Despite
numerous requests since 8 January 2002 from
the Tenancy Relations Officer at the Royal
Borough of Kensington & Chelsea to MRJ,
yourself and other parties for proof of the
existence of Steel Services - evidence is
still lacking" .
To this Mr Lanny Silverstone replied on 21
October 2002
"We are satisfied that
Steel Services Limited exists"
In his 25
October 2002 letter, the TRO informed
me that the matter was now with the legal department.
He copied me on his 23
October 2002 letter to Ms Hathaway asking
her to confirm a telephone conversation he
had had with her that:
(1) Steel Services
was registered in the BVI;
(2) F.M.C.
Ltd were the directors;
(3) CKFT's address
was the address for Steel Services
in the U.K.
Thus, the outcome of the various searches undertaken
by myself, Nucleus and the TRO - as well
as the exchange of correspondence with
Ms Hathaway - indicated that Steel Services was
NOT an existing entity - and therefore contradicted
what Ms Hathaway and Mr Silverstone, CKFT, had
claimed.
I believe it to be fair comment for
me to say that the evidence suggests that Martin
Russell Jones, Cawdery Kaye Fireman & Taylor, as well as the accountants, Pridie Brewster were, at least
for a while, claiming to be acting on behalf
of a company that did not exist.
Ms Hathaway:
Was demanding and receiving
money 'on behalf of Steel Services '
e.g. the 15
July 2002 service charge demand
of £736,000 (US$1.3 million)
She filed the 7
August 2002 application in
the LVT in the name of 'Steel Services' - the
DAY BEFORE the 8
August 2002 reply from the BVI
that Steel Services had "been struck-off
the register"
She threatened
me with prosecution in her 20
September 2002 letter in the name
of "our
client, Steel Services Limited" unless
I immediately paid the sum of £14,400 (US$25,400) (and was doing the same thing with other leaseholders e.g. her 24 September 2002 letter to Resident D)
As to Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor, he was,
among others...
...threatening me with
forfeiture and prosecution "on behalf
of Steel Services" in
his 7
October 2002 letter unless I immediately
paid the sum of £14,400 (US25,400)...
... thereby attempting to enforce
the 15
July 2002 service charge demand
of £736,000 (US$1.3 million)
sent by Ms Hathaway
And Pridie
Brewster, the accountants, were, by implication,
doing the same thing i.e. claiming to
be acting on behalf of a company which,
at least for a while, did not exist
At the end of October 2002, Ms Hathaway, CKFT
and their client were alerted to the fact I knew
that Steel Services had been struck-off the
BVI register, as I communicated this information
to the LVT. (In the context of the application
Ms Hathaway had filed on behalf of 'Steel Services'
with the Tribunal on 7
August 2002 ) (see Leasehold
Valuation Tribunal section) as I could not see how a
non-existent company could pursue an action
in the LVT .
Evidently, this led to the c.US$300 fee being
paid as, in his email dated 5
November 2002 , the TRO told me he had
"received
from CKFT a ' Certificate
of Good Standing for Steel Services
issued by the BVI, dated 28 October
2002".
All
that is required (at least at the time)
to set-up a company in the British Virgin
Islands in the space of 24 hours is a telephone
and a credit card. It may have thus been
the approach used to reinstate Steel Services
on the BVI register. (See section BVI
registration for details)
In his 13
November 2002 email to me, the TRO forwarded
a reply from the legal department that there
was a contradiction: Steel Services being struck-off
vs. having a Certificate of Good Standing.
This was the end of it. After
10 months of endless
correspondence back and forth, I was left in
exactly the same position: I
still had not been provided with the name of
the directors who owned Jefferson House.
It seemed that the conclusion of the Housing
Department was that, by being
registered in the BVI, Steel Services was above
the law in the UK . This was
contrary to the view expressed by LEASE in
its 25
February 2002 letter to the TRO. Not
knowing any better at the time, I gave up.
(The excuse of a BVI domicile was again used
by Kensington & Chelsea Housing Department two years later when I asked for its assistance
in getting the year-end accounts for Jefferson
House. See section Council & Local Government Ombudsman for
detail). (This time I did not 'fall' for the
misinformation).
Desperate to get the documents I had supplied
to the TRO, Mr Andrew Ladsky contacted him with this
aim, as evidenced by the 5
November 2002 email from the TRO
"I
have also received a telephone call
from Mr Ladsky. He has asked for copies of
all correspondence that you have sent me"
In his 6
November 2002 email, the TRO said they
were not going to comply with Mr Ladsky's request because
I am "entitled to a degree of confidentiality
when you have sought assistance from us." ( My Diary 5 November 2002 )
Back to list
(3) Extensive reshuffling in the ownership
of Jefferson House and carving out, including addition of a superior headlessor, Lavagna Enterprises (My
analysis of Land Registry records at February
2006)...and more since
( PDF
of above diagram - at February 2006)
Position at February 2006
With Jefferson House at the 'top of the tree' (Freehold ownership ; British Virgin Islands registration )
An extra layer, or superior headlessor,
has been added between Steel Services and Jefferson
House Ltd: Lavagna Enterprises Limited as
indicated on the title BGL
56 642 .
As can be seen on the title, this deal took
place between Jefferson House Ltd and Steel Services,
and was registered on 31 January 2006 .
The value of the transaction is recorded as £875,000 (US$1.54
million).
The title also states that Lavagna Enterprises
is incorporated in the British Virgin
Islands. Hence, the same as Jefferson
House Ltd, Steel Services (see also Advisors ; Headlessors), Sloan Development (# 4 below) and F.M.C. Ltd (# 1 above).
(The 'advisers' Cawdery Kaye Fireman & Taylor and Eversheds are also registered
in the BVI) (See BVI registration for
information on the benefits)
The transaction resulted in Steel
Services becoming a "lessee" of
Lavagna Enterprises .
A lease for 'Airspace of
Jefferson House' was created under
the title BGL
51 266 and registered on 22 October
2004. Price recorded as £110,000 (US$194,000).
Parties to the transaction were Jefferson
House Ltd and Steel Services. In this instance,
the address for Steel Services is care of Martin
Russell Jones.
Judging from the 22 February 2006 copy of NGL
373 333 i.e. Steel Services, two days
before i.e. 20 October 2004 the
"Airspace abutting and above the level of
the roof of Jefferson House has been
removed from this title"
The title for the penthouse
flat , BGL
54 458 , indicates the sale of the lease on 1
December 2005 and associated
car parking space (parking bay K53, 25 Basil
St), title BGL 47 667. The transaction is
recorded at £3.9 million (US$6.9
million)
As can be seen on the last page of the title
for ' Airspace
of Jefferson House ', the penthouse flat
became a " lessee" of 'Airspace
of Jefferson House ' on 10
August 2005 .
The penthouse flat was constructed
during 2004-2005 - as can be seen
in this
pack (2.4MB) , in spite
of Ms
Hathaway and Mr Brian Gale "categorically" `stating
that there was absolutely no intention to
do so. (See Major works and surveyors; Planning applications; Mansell; photo gallery )
(It was one of the reasons
for the extortionate service charge
demand of 15
July 2002, the false claim in West
London County Court filed by Cawdery Kaye Fireman & Taylor on behalf of 'Steel Services' i.e. Mr Ladsky, and the subsequent
- equally fraudulent - demands
I received: 21
October 2004, 16
November 2004, 9
January 2006 and 30
June 2006. (See CKFT and Pridie
Brewster)). (This was followed by another equally fraudulent claim - covering charges from 2003 onwards - filed against me by Portner and Jaskel on behalf of 'Rootstock Overseas Corp' i.e.Mr Ladsky in February 2007 (Portner and Jaskel # 6), claim which Mr Ladsky dropped - in its entirety - in June 2008 (My Diary - 7 June 2008 / Portner and Jaskel # 29 )
Given that the "Airspace
had been removed" from
the title for Steel
Services on 20 October 2004, it
is worth noting in relation the penthouse flat that it
became a lessee of the 'Airspace' on 10 August
2005 i.e. nearly one year after, and that Steel Services was party to the transaction.
The other party was Sloan Development. (See
below for other events)
Lavagna Enterprises Ltd also
became the registered owner of three
flats that did not exist prior to the start of
the works in 2004 (they 'appear' to
be conversion of existing flats). These flats
are:
Flat 18A , title BGL
56 546 ; transaction between Steel Services
and Lavagna Enterprises recorded on 24 January
2006.
Flat 33A , title BGL
56 358 ; transaction between Steel Services
and Lavagna Enterprises recorded on 10 January
2006.
Flat 35A ,
title BGL
56 122 ; transaction between Steel
Services and Lavagna Enterprises recorded
on 16 December 2005.
As the Land Registry appears to have had for
some time a policy of including the price paid
for a property on Land Registry titles, the fact
that none of the above three transactions
state a price suggests that the same
parties might have been acting on both
sides of the transactions.
Events since February 2006
There has been a lot more shuffling of paper (keeping the 'man and a dog outfit' in the British Virgin Islands busy):
- On 24 May 2006, the title for Steel Services was transferred "by Steel Services" to "Rootstock Overseas", Panama, for £120,000 (US$212,000) (Headlessors # 3 )
- On 8 January 2007, the 'airspace' was transferred "by Steel Services", "from Steel Services" to "Rootstock Overseas Corp" for "£1" (Headlessors # 5 )
(4) The number of flats for which Mr
Andrew Ladsky is the 'registered
proprietor' (at February 2006) on the Land Registry has
grown:
- FLAT 5 ( NGL
554 128 )
This was the flat of the person
running the Residents
Association (who left
due to suffering appalling ongoing
harassment and intimidation) (See also Notices
by landlord). The title shows that
Mr Ladsky became the proprietor on 9
September 2002.
The price is recorded as £144,000 (US$254,000).
This is the same price as was
recorded one year earlier when
the new person became
the proprietor on 22
August 2001 (when the Head of
the Residents Association left). This suggests a
connection between them.
Furthermore, shortly after the new person
was recorded as the proprietor
of the lease, work took place, among others,
in flat 5, leading to a very large amount
of rubbish being deposited alongside the
area in front of flat 5 and flat 6 - as can be
seen from the photograph taken on 8
October 2001
When leaseholders raised this issue with Nucleus,
local Citizens Bureau, Ms Hathaway, Martin
Russell Jones, replied on 1
November 2001 that it
"relates to
flat 5.the actual area where it is stored
belongs to that particular flat and is not
common part of the building" .
Considering the profile of Mr Ladsky - and of
his dictator in tow, Ms Hathaway (e.g.
her 28
February 2005 letter referring to refuse - see
Martin
Russell Jones # 26 for detail), the
only possible explanation as to why this was
allowed to happen was because the then owner
of the flat was connected with the ownership
of the block.
(In support of this, see the
state of the area in front of my windows
and by my flat (which are Steel Services
responsibility) - photos
of which are captured in these packs: broken
step (1.6MB) and filth
around my flat ). In addition, it
seems that the external area in front
of flat 5 would only belong to it if
it owned the headlease or freehold.
Furthermore, please note also that,
in the "summary of contributions to
the major works" attached with the
ICAEW's reply of 29
August 2006, flat
5 has not paid any contribution - nor has a contribution been identified by the ICAEW as having been paid in 2004 (see Pridie Brewster # 18 )
- FLAT 7 ( BGL
43 656 )
Using HSBC Private Bank as lender
(no price recorded), Mr Ladsky acquired
the lease on 28 November 2005 from Sloan
Development.
Sloan Development
had acquired the lease on 15
April 2004 for £175,000 (US$309,000)
from somebody connected with the ownership
of the block. (The leaseholder who phoned
me in January / February 2004 telling me,
among others, "Don't worry they won't
kill you" - My
Diary - January / February 2004)
Furthermore, please note also that, in the "summary
of contributions to the major works" attached
with the ICAEW's reply of 29
August 2006, flat
7 has not paid any contribution. (NB: However, as highlighted earlier on, according to the ICAEW, some undetailed contributions in the 2004 year-end accounts were paid for flats owned by Mr Ladsky which, apparently, includes flat # 7- See Pridie Brewster # 18 )
Like Steel Services, Jefferson House Ltd and
Lavagna Enterprises, Sloan Development
is registered in the British Virgin Islands (at least at April 2004 for Sloan Development).
When, on 10 August 2005, the penthouse
flat became a lessee of ' Airspace
of Jefferson House ' Sloan Development was
party to the transaction with Steel
Services (even though, according
to Land Registry records, the 'Airspace
of Jefferson House' had been removed from
Steel Services title (NGL 373 333) nearly
one year previously, on 20
October 2004 )
Re. Sloan Development - see also Portner and Jaskel # 6.1 / My Diary 9 March 2007 for the (second) fraudulent claim filed against me in West London County Court by Portner and Jaskel. Note at June 2008: Rootstock Overseas / Steel Services / Sloan Development i.e. Mr Andrew Ladsky dropped "ALL of the claim" against me. The Notice of discontinuance also states Sloan Development in the file path (Portner and Jaskel # 29 ; My Diary - 7 June 2008 )
- FLAT 9 ( BGL
10 950 )
Acquired on 17 February
2004; price recorded as £190,000
(US$335,000)
- FLAT 21 ( BGL
37 920 )
This used to be the porter's
flat - as can be seen in 'Ms Hathaway'
i.e. Mr Ladsky's letter of 4
March 2003 (page 4)
"The old porter's
flat was sold by the headlessee at
arm's length as part of the assets of the headlessee
and was not owned by the lessees
of the property"
It was acquired by Basil Street Properties on 1
June 2001. Hence, Steel Services was the
other party to the transaction. Mr Ladsky acquired
the lease from Basil Street Properties on 23
December 2005, for £125,000
(US$220,400) with a mortgage from HSBC.
Two points to note about Basil Street
Properties :
(1) An "Expense record" supplied by
Martin Russell Jones, dated 1 August
2001 lists Basil Street Properties
as having incurred £100
of cost (US$180) to Jefferson
House on 9 March 2001;
(2) (At February 2006) Since 2000, Basil Street Properties has
a restriction in its favour on flat
34, owned by Mr Ladsky.
Basil Street Properties is also registered offshore:
in this instance, in Gibraltar.
- FLAT 34 ( NGL
450 907 )
Transfer date at 20
June 2000 ; price stated as £490,000
(US$864,000). As just detailed, Basil
Street Properties has had a restriction in
its favour on the title from the time of the
transfer date.
- FLAT 35 ( NGL
421 710 )
Transfer date at 29
September 2000; price stated as £345,000
(US$608,400).
I hold the view that Mr Ladsky has been
the main driver of the above transactions
As
can be seen from the printscreens I
captured from the Land Registry website at the
time I was doing a search on 'Airspace of Jefferson
House', title BGL
51 266, they consistently brought
up flat
9, BGL
10 950 , owned by Mr Ladsky .
This includes pursuing the search
from there for the freehold title, BGL
69 051.
MR ANDREW LADSKY ET. AL., CAWDERY KAYE FIREMAN & TAYLOR, MARTIN
RUSSELL JONES, MR BRIAN GALE AND PRIDIE BREWSTER CAUSED ME TO DEVELOP THIS WEBSITE.
THIS OUTCOME IS OF THEIR OWN DOING .
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