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Allowing landlords to hide behind offshore 'paper companies' leaves leaseholders with not knowing who controls their home

Owners Identity

 

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 )

It follows that Mr Andrew Ladsky and Steel Services are one and the same client of Cawdery Kaye Fireman & Taylor......with further evidence from Portner and Jaskel:

(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."

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(2) Indications are that, at least for a while, Cawdery Kaye Fireman & Taylor, Martin Russell Jones and Pridie Brewster claimed to be acting on behalf of a company that did not exist

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 )

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(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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