Cawdery Kaye Fireman & Taylor (CKFT), 25/26
Hampstead High Street , London NW3 1QA and British
Virgin Islands (which 'appears' to be
a recent addition).
(NB: CKFT is covered in my 3 June 2008 (74 pg) Witness Statement; (4 pg) Main Points)
See also My Diary 22 November 2008 for further, undeniable evidence that...
(Visitors to my site who commented about CKFT - see comments # 11, # 29)
At September 2005, the property section on the
firm's website (ckft.com) reads
"The property team at CKFT has a wealth
of experience in all aspects of commercial
and residential conveyancing. They provide
practical and pragmatic advice with the focus
on results - which means getting the deal done
quickly and building in all necessary protections
for the client"
At September 2005, CKFT's website stated for:
Mr Lanny Silverstone: "Partner Head of Employment Department Litigation and Family Law. Areas of Practice: commercial and property related litigation; contentious landlord and tenant work."
Ms Ayesha Salim : "Assistant Solicitor Litigation Department"
Their 21 August 2003 "Statement of costs" (they expected to be awarded against me at the 26 August 2003 hearing ( not granted )) states, under "Description of fee earners" :
Robin Lanning Silverstone [grade A] which is described later on as "Solicitors with over eight years post qualification experience including at least eight years litigation experience"
Ayesha Salim [grade C] , described as "Other solicitors and legal executives and fee earners of equivalent experience"
I view Mr Lanny Silverstone and Ms Ayesha Salim as evil, corrupt, morally depraved individuals... but, as demonstrated in this section : they have the blessings of their 'professional' assocation, the Law Society, to act as they do. (= same as Mr Richard Twyman and Ms Lisa McLean, Piper Smith Watton, as well as Mr Jeremy Hershkorn and Mr Daniel Broughton, then at Portner / Portner and Jaskel LLP - and no doubt this would also apply to Mr Ahmet Jaffer, Portner and Jaskel)...and the Law Society has the blessings of the Legal Services Ombudsman.
I first became aware of CKFT as a result of conducting desk research on Mr Andrew Ladsky in 2000 which led me to identify that CKFT had instructed counsel in the TSB Bank v. Arthur Ladsky 1996 Court of Appeal case.
My first exposure to CKFT's method of operating came from being copied by two leaseholders on an identical letter they had received from Ms Ayesha Salim, dated 11 October 2001 - letter to Leaseholder A (see Elderly Resident), letter to Leaseholder B. (It 'seems' to me that this letter amounts to harassment and intimidation of witnesses - which is a very serious offence)
It is abundantly clear that Mr Andrew
Ladsky and Steel Services are one and
the same client of Cawdery Kaye Fireman & Taylor
In her identical letter of 11 October
2001 to Leaseholder
A and Leaseholder
B , Ms Ayesha Salim wrote "We are
solicitors instructed by Mr Andrew Ladsky" (Elderly Resident ; Other Residents)
Mr Lanny Silverstone letter to me of 4 February 2003 - when he joined in 'on the act' with Kensington & Chelsea (K&C police # 2) - in which he states "We are writing on behalf of our clients, Steel Services Limited. It has come to our attention from (NB:!!!) Mr Ladsky, the tenant of flat 35...".
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
It can also be seen, for example,
in 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'.
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 Directorships for related information)
(I do not know whether CKFT acted for Mr Andrew
Ladsky in the case reported in the article in
the Sunday
Times (printscreen of site) , referring to a relationship he
had with a model that "culminated in a
court battle over a floor-length sheepskin
coat and two paintings" )
CKFT acts for Steel Services -
as evidenced in numerous documents, including
the Particulars
of claim for the 29
November 2002 - false - claim (ref:WL
203537) filed in West
London County Court (NB: court claims = FRAUD TOOLS)
In the context of the several transactions
probably best described as further 'carving out'
and 'reshuffling' in the named owners of Jefferson
House which took place late 2005 and early 2006
(see Freehold
ownership , Headlessors , Owners
identity ), Cawdery Kaye Fireman & Taylor became the nominated solicitors
for 'Steel Services' on the Land Registry (Title NGL
373 333 ) - in the process taking over from Laytons, solicitors, London EC4Y 0LS
See also Headlessor for transactions driven by 'Steel Services'
CKFT acted for Steel Services prior
to 2002, as can be seen in the 15
October 2001 letter from Ms Hathaway,
MRICS,
Martin
Russell Jones, 'managing' agents for
the block, in reply to Nucleus,
(local Citizens Advice Bureau) who gave
CKFT's address as contact.
At the 29 October 2002 LVT pre-trial hearing when Mr Andrew Ladsky was asked by the Chair what his interest was in the proceedings, he replied: "I am just a tenant" . (His name is stated on the 29 October 2002 directions issued by the tribunal).
However, throughout the four-day Leasehold Valuation Tribunal hearings, Mr Ladsky was a member of Steel Services party, holding frequent discussions with: Mr Warwick, Steel Services' counsel (My Diary 13 March 2003 ; LVT # 8.2 ) ; Mr Brian Gale, MRICS, 'Steel Services' surveyor who, during the hearings, confirmed that Mr Ladsky was a prior client ; Ms Joan Hathaway, MRICS, Martin Russell Jones , 'managing' agents for the block.
(In spite of seeing this, the tribunal continued
to use Mr Ladsky's initial answer - as can be
seen in its 17
June 2003 report under point 4
"attended
by.Mr A Ladsky, the owner of flats 34 and
35 ",
as well as under point 50 "It is noted
that apparently the majority of the tenants
wish all the works to be carried out. A letter
from Mr Ladsky, the lessee of flats 34 and
35 dated 28 April 2003 stated: "31 or 32 of
the 35 tenants have paid their contribution." )
Please note that in the "summary
of contributions to the major works" attached
with the ICAEW's letter of 29
August 2006, Mr Ladsky who is the registered
owner of flats 34 and 35 since
the year 2000, has not
paid any contribution towards the major
works.
Furthermore, in its 10 February 2006 so-called "notice", Portner and Jaskel, solicitors, said to be acting "as agents for Steel Services" (see Notices by landlord - 10 February 2006). Eight months later, in its 3 October 2006 letter to my then ISP, it identified its client as being Mr Andrew Ladsky (My Diary 3 October 2006)
Also, in 2002, I approached the Tenancy Relations Officer at Kensington & Chelsea Housing to obtain, as per my statutory rights (under Sections 1 and 2 of the Landlord & Tenant Act 1985 ), the identity of the landlord, as well as the name and address of every director and secretary of the landlord. In his 5 November 2002 email, the Tenancy Relations Officer informed me that he had
"...received a telephone call from Mr Ladsky. He has asked for copies of all correspondence that you have sent me"
(The next day, 6 November 2002, the Tenancy Relations Officer sent me an email saying: "...we will not be releasing any documents to Mr Ladsky. The councils legal department believes you are entitled to a degree of confidentiality when you have sought assistance from us and this is why we have taken this decision")
Sections
- (1) The evidence suggests that, at least
for a while, Mr Silverstone claimed
to be acting on behalf of a company that
did not exist. This included threatening to
forfeit my lease
- (2) CKFT knowingly committed an abuse of
process of court by filing a claim against
me (and 10 other leaseholders)
- (3) Very clearly, the objective of the action
was to bully and coerce me (and other leaseholders)
into paying an amount not due and payable -
failing that, through 'striking a deal'
- (4) Triggers to filing the complaint against
CKFT with the Law Society
- (5) Mr Lanny Silverstone and Ms Ayesha Salim
have a high propensity to threaten proceedings
- always "with costs"
- (6) My complaint to the Law Society and its
replies
- (6.1) CKFT committed an abuse of the court
process
- (6.2) CKFT made inappropriate use of forfeiture
legislation in an attempt to force me to pay
monies that were not due and payable
- (6.3) CKFT demanded monies not due and payable
- (6.4) CKFT actively supported the breach
of covenants in my lease
- (6.5) CKFT persistently ignored the evidence
against its client's claim
- (6.6) CKFT knowingly made false statements
against me to the court - including under a
Statement of Truth
- First false statement made by Ms Ayesha Salim
- under of a Statement of Truth
- In fact, Ms Salim made another false statement
in this application
- Ms Salim also made a third false claim to
the court
- (6.7) CKFT accompanied the claim to West
London County Court with a lease falsely claiming
that it was representative of my lease
- (6.8) CKFT acted in tandem with Piper Smith
Basham with the objective of forcing me to
strike a deal with its client
- (6.9) The evidence suggests that, for a while,
CKFT was demanding monies and threatening me
with proceedings on behalf of a company that
did not exist
- (6.10) CKFT failed to observe proper standards
of work
- (7) Overall, in relation to numerous points
in my complaint, the Law Society said to be
unable to consider them citing one of the following
three reasons:
- (8) I filed a complaint with the Legal Services
Ombudsman against the Law Society
- (9) And finally, at the end of the day, what
is the ROOT CAUSE OF ALL OF THE ABOVE?
(1) The evidence suggests that, at least for
a while, Mr Silverstone claimed to be acting
on behalf of a company that did not exist.
This included threatening to forfeit my
lease
In 2002, my first contact with CKFT was of an
indirect nature. As related above, in January
2002 , I had approached Kensington & Chelsea
Housing department to help me obtain - as per
my statutory rights - the name of the directors
for Jefferson House. (See Owners
identity for
additional information)
In a letter dated 1
August 2002 to the Housing department,
CKFT wrote
"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"
At this point I contacted the British
Virgin Islands Authorities because:
(1) a claim filed by Portner and Jaskel against
the Elderly
Resident in Central London County
Court on 26
February 2002 gives the claimant as Steel
Services "Freehold owner" , with
an address in the British Virgin Islands (see Freehold Ownership, Headlessors, Owners identity, British Virgin Islands Registration, Notices
by landlord - 10
February 2006 , as well as Portner
/ Portner and Jaskel LLP for its other 'activities' )
(2) in her 25
January 2002 letter to the Housing department,
Ms Hathaway, MRICS, Martin Russell Jones, wrote "The Directors and secretary
of Steel Services are F.M.C.
Ltd" and
gave an address in the British Virgin Islands (Owners identity)
The 8
August 2002 reply from the BVI stated
that Steel Services had been
"Struck-off
the register for non-payment of licence
fee"
To this should be added that, by August 2002,
the outcome of the various searches undertaken
by myself and Kensington & Chelsea Council
housing department (and previously Nucleus,
our local Citizens Advice Bureau) had led
to a 'nil'
return: there was no record of the company
in the UK.
Among others, this includes the 10
October 2001 reply from the Land Registry
to Nucleus:
"Steel Services Limited
is in fact an overseas company and
therefore does not have a companies registration
number"
(See Owners
identity, BVI
registration, Headlessors and Jersey
address ).
Detail of events is captured in my 20
December 2004 complaint against Cawdery Kaye Fireman & Taylor,
under points 12 - 22.
The outcome is that I believe it to
be fair comment for me to say that the
evidence suggests that Cawdery Kaye Fireman & Taylor (Martin
Russell Jones, and the accountants, Pridie Brewster) were, at least for a while, claiming
to be acting on behalf of a company that did
not exist.
(See Freehold
ownership, Headlessors , Owners
identity )
This includes, among others, Mr Lanny
Silverstone threatening me with forfeiture and prosecution "on behalf of Steel Services" in
his 7
October 2002 letter. (NB: Threat of forfeiture = FRAUD TOOL)
This 7 October 2002 letter amounted to 'my turn'
to being at the receiving end of what I view as
a highly unscrupulous, evil and immoral
method of operating.
In this letter
(received on 10 October), Mr Silverstone
threatens to forfeit my lease (see 'Abbreviations
and Definitions for an explanation of forfeiture)
unless I paid the £14,400 (US$25,400) demanded
by 10 a.m. on 14 October 2002.
Needless to say that this illegal tactic (illegal
because it was, among others, in breach
of my statutory rights) had the intended effect
of causing me extreme alarm and distress -
to the point of actually being physically
sick. (I was at work when I read it). (See My Diary 10 October 2002 )
At the time, I had near non-existent knowledge
of landlord-tenant legislation - which,
of course, is what Mr Lanny Silverstone
was relying on in sending me this letter.
Based on information
I received from LEASE, as well as managed
to gather from other sources, I held firm with
CKFT and replied to its letter on 17
October 2002 in which I repeated what
I had already stated on two previous
occasions to Ms Hathaway:
"I require additional information
before I can agree to the demand" .
By the time I wrote this letter, I had received
notification from the Leasehold
Valuation Tribunal (dated 8
October 2002 ) that Steel Services had
made an application
"to determine the reasonableness
of the global sum demanded"
Subsequent note: In -my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences against me under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Theft Act 1968 s.21 Blackmail and the Landlord and Tenant Act 1985 s.19(2)
Back to list
(2) CKFT knowingly committed an abuse of process
of court by filing a claim against me (and
10 other leaseholders)
Consequently,
in my 17 October 2002 letter to CKFT,
I asked whether it was aware that its
client had taken this step. In his 21
October 2002 reply, Mr Lanny
Silverstone states
"We are aware that Steel Services
has applied to the Leasehold Valuation
Tribunal"
Two weeks later, at the 29
October 2002 pre-trial LVT hearing which,
as can be seen from the tribunal's
directions , was attended
by, among others, CKFT's
client Mr Andrew Ladsky, Ms
Joan Hathaway, MRICS and Mr
Barrie Martin, FRICS of Martin
Russell Jones , and Mr
Brian Gale, we (leaseholders)
were asked by the Chair whether we
had paid the 15
July 2002 service charge demand.
We
all replied that we had not because
we had not been supplied with a
breakdown of the costs.
At this point, the Chair told us that
if we paid, the tribunal would not be able
to help us.
To emphasise the point, we were handed a booklet 'Applying
to a Leasehold Valuation Tribunal - service charges,
insurance, management' which, on page
5 states:
". a recent Court of Appeal case ruling
(Daejan Properties Limited v London Leasehold
Valuation Tribunal) determined that LVTs only
have the jurisdiction to decide the reasonableness
of disputed service charges that are
still unpaid except under certain
circumstances" (NB: bold type
face as per the leaflet)
In spite of the fact that leaseholders had,
in effect, specifically been told by the
tribunal to NOT PAY (the Chair, pressed
the Daejan Properties case upon us), CKFT
nonetheless proceeded - one month later
- to draw-up a claim (WL 203537) against 11
leaseholders, including myself ,
who represented 14 flats, stating:
"The Defendants have failed
to pay the service charges, details
of which are set out in Schedule 1and
there is now due and owing from the
Defendants to the claimant the sums
set-out in Schedule 1 payable by way
of payment..."
This claim, filed in West London County Court on 29 November 2002 i.e. precisely one month after we had been told by the tribunal to NOT pay the 15 July 2002 service charge demand - was endorsed by a Statement of Truth, signed by Ms
Joan Hathaway, MRICS, Martin Russell
Jones
See also events in 2007 - My Diary 9 March 2007 re. the very serious breach of Civil Procedure Rules as the Statement of Truth signed in 2002 by Ms Hathaway, a 'managing agent' ; and see West London County Court point # 23 for Her Majesty Court Service's reply to my highlighting this very serious breach
Subsequent note: In -my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences against me under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Theft Act 1968 s.21 Blackmail, the Defamation Act 1996, the Court and Legal Services Act 1990 - Chapter 41 - s.17 and CPR 1 1.3
Back
to list
(3) Very clearly, the objective of the action
was to bully and coerce me (and other leaseholders)
into paying an amount not due and payable
- failing that, through 'striking a deal'
Typically,
this widely-used tactic by abusive landlords
and their equally abusive aides works.
Indeed, as leaseholders incur ever-increasing
costs fighting the abusive landlord they
end-up, either of their own volition, or
under increasing pressure from 'their
advisers' making a 'commercial decision' i.e.
pay the landlord - thereby preventing
progression to trial. (See Business
model)
The expectation of being
able to 'strike a deal' - resorting
to, in the process - bullying,
coercion and extortion tactics in order to
achieve the objective, is evidenced in the next
few paragraphs below.
It is also found in the correspondences I exchanged
with Ms McLean, Piper
Smith Basham. (NB: At
the time, I had just appointed Piper Smith & Basham) (Now Piper Smith Watton)
In my 21
August 2003 letter to Ms McLean following
a conversation with her, I wrote:
"About CKFT's offer "to discuss" with
them i.e. try to strike a deal. I am
not prepared to do this.
This would be a very unwise move as it would
allow them to get away with the need to redraw
the specification, thereby leaving me exposed
to further demands at a later stage which,
I can guarantee, would be made (letters from
MRJ of 26
March 2002 and 15
July 2002 ).
By forcing them to do this, it will put
a line under the costs i.e. they will not have
any comeback and, if they do come back, I will
be in a much better position to challenge them.
Last but not least, I am also hoping that
by doing this they will give up on the block
as I am taking away their opportunity to illegally
charge works to the residents "
In this letter, I also referred to my 9
August 2003 letter to the court (on which
I copied CKFT; I also gave a copy to Ms McLean),
in which I wrote, among others:
"The LVT has made a determination on the
reasonableness of the service charge for the
block - as a whole - not just for myself.
There are no side deals to be made with
the Claimant: the nature of the works and their
associated costs must be totally clear and
transparent - to ALL lessees.
Nowhere does the lease state that the share
of the service charges payable by individual
lessees is dependent on their amount of 'backbone'
and courage to challenge a demand for money
they do not owe.
Their resistance to prolonged harassment
and intimidation.
What each lessee is required to pay is clearly
defined by means of a fixed percentage (see
the attached list of percentage for each of
the 35 flats supplied by SSL-MRJ in their 7
August 2002 application to the LVT)"
But, as can be seen in Ms McLean's letter of 4
September 2003 , she and CKFT were not
giving up on the idea:
"Incidentally (NB !!!) ,
I took a call from CKFT today and, in view
of the costs being incurred by both sides they
asked whether we would be amenable to any deals (NB
!!!)
I said that I had noted that you had previously
refused to deal with them but in the event
that they wished to make an offer (NB
!!!) I was, as they well know,
obliged to put it to you (NB !!!)
They intimated that they will make a Part
36 offer (NB !!!)
The relevance of this is that if they make
an offer which is rejected and, following trial
the judge makes a determination that is no
better than the offer that they had made then
you will have to pay their costs from the time
the part 36 offer had been made up until the
trial" (NB Please note
the threat)
I replied as follows on 9
September 2003
"I maintain what I said: the situation is
the result of Steel Services/Mr Ladsky and
MRJ's doing - not mine (nor indeed that of
the other residents).my position has remained
unchanged: 'No' as this does not achieve
my objectives "
From liaising with Piper Smith Basham, CKFT
and its client realised that I was prepared to
go to trial over this action: I had written a Witness
Statement and was appointing a barrister.
It
is my belief that this triggered the 21
October 2003 'offer' which, in 'typical
style' included a demand for £143 (US$250)
of interest. (See Piper
Smith Basham and Mr
Gallagher for detail of events)
I was not prepared to 'shut up' and pay monies
I did not owe.
I wanted to enforce
the terms of my lease, as well as exert
my statutory rights.
I wanted to comply
with the instructions that had been given
to me by a tribunal.
And I wanted
to abide by my moral principles, my
integrity: I wanted to pay my just and fair
share of the costs for the major works.
My wanting this undermined, what I now view
as the highly lucrative Business
model for which
the foundation is that once everybody has become
quite fat one way or another at the expense of
the leaseholder, the pressure starts mounting
on the leaseholder to 'make a commercial decision':
"Com'on, look at what you have spent so
far. It's nearly as much as what our client
is asking. Make a commercial decision. Let's
strike a deal. Accept the 'offer".
(NB: When, at the 24
June 2003 West London County Court hearing,
I told Mr Lanny Silverstone (in front of a
witness) that I found it absolutely outrageous
that West London
County Court had been instrumental
in making
seven residents pay BEFORE the
LVT had issued its determination (ref: LVT/SC/007/120/02) (printscreeen of site) ,
he replied: "They made a commercial decision" )
The leaseholder not playing the game sends the
lawyers and their clients on a chase 'to snare
the prey'. They keep threatening court proceedings - and,
of course, 'costs'! (the major weapon) - but have
no intention of going that far.

|
Why?
In my view, because a trial
results in an official record
of evidence available in the
public domain - unlike
when the leaseholder accepts
/ is made to accept 'an offer'
which allows the rogue
landlord and his equally rogue
aides to come out 'smelling of
roses' (and with their coffers
substantially fuller than they
should be).
(This consideration
is even more important in the
case of a defendant like me who
has an overwhelming body of evidence
against the landlord and his
aides). |
So, more of the 'artillery comes out': the salvo
of threatening letters goes into full swing (as
can be seen in the next few paragraphs), as well
as applications to the courts for 'case management
hearings' (that are granted with much haste by
the courts) - all aimed at bullying and coercing the leaseholder into striking a deal.
It works,
as the rapidly mounting fees leads to
more leaseholders to 'cave in' e.g. Mr Silverstone's 23
May 2003 correspondence.
All the follow-up actions from Mr Lanny Silverstone
and Ms Ayesha Salim - which (so far!) have led
to the last contact being in June 2004 - were
in a similar vein to the 7
October 2002 letter.
For detail, see below,
Law Society section which covers my
complaint against CKFT, as well as West
London County Court and Wandsworth County Court
(Subsquent note in 2008 - My above assessment proved to be correct: in relation to the second fraudulent claim, ref. 7WL00675, filed against me by 'Rootstock Overseas Corp. / Steel Services / Sloan Development' aka Mr Andrew Ladsky, on 27 February 2007, also in WLCC, the fact that I represented myself throughout the process, precluded the possibility of arriving at 'an arrangement' with 'my' legal advisers (My 19 October 2003 Witness Statement ; home # 4.12 , # 4.13 ; point # 6.8 below ; Piper Smith Basham/Watton # 7.13.2 , # 7.13.3 , # 7.14 , # 7.15 , # 7.17 , # 7.12.1 ; Stan Gallagher # 15) - and the ploys and 'games' in 2007-08 failed to make me cave in - in spite of their 'renewed vigour', including failed to lead me to appoint legal 'advisers' (WLCC # 9 , # 11) = second time round: the FEAR tactics had NO hold on me..
Outcome: after a 16-month battle with Portner and WLCC "ALL of the claim" against me was discontinued - as can be seen in the 6 June 2008 Notice of discontinuance (My Diary - 3 June 2008 ; 7 June 2008 ; 14 August 2008 and 26 August 2008 ; Portner and Jaskel # 29 )
This clearly proves that, in both instances, the claim was used as a TOOL FOR FRAUD - confirming my assessment of the tactic following the first fraudulent claim of 29 November 2002 (home # 4.19).
'Unfortunately', in 2002-2004, it worked with the majority of my fellow leaseholders as evidenced by the fact that 9 out of the 14 flats listed on the claim (Particulars of claim and list) ended-up paying the FULL amount of the service charge, and a further 16 flats also paid the full amount (point # 6.3 , # 6.6 below ; WLCC # 6 , # 5 , # 14 ; Pridie Brewster # 18). (NB: Considering what has happened to me for 'daring' to fight back against the scam: being persecuted (e.g. My Dairy 15 May 2008 ; home introduction ; being under surveillance) I should say 'fortunately', instead of 'unfortunately').
The worst part of it is that this kind of conduct is widely endorsed: My Diary 6 May 2008 - resulting in my being treated as 'the criminal' instead of the victim - while the criminals are treated as though they are the victims (e.g. RICS # 12 ; Kensington & Chelsea police # 2 , # 3 ; home introduction) - and laughing their head off (outcome of my complaints).
Of course, I forgot, silly me: Mr Lanny Silverstone and Ms Ayesha Salim, like Mr Richard Twyman and Ms Lisa McLean, Piper Smith Basham/Watton and Portner and Jaskel are evidently viewed by the Law Society as having "discharged their professional duties with [no]thing less than complete integrity and probity" - and consequently have no need to worry about "severe sanctions" (outcome of my complaints). (And ditto from the Bar Council in the case of Mr Stan Gallagher : # 16 , # 17 and # 18)
Back
to list
(4) Triggers to filing the complaint against
Cawdery Kaye Fireman & Taylor with the Law Society
(Subsequent note: For update, see Portner and Jaskel and West London County Court - Post 2004, and my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
What prompted me to file the complaint
against CKFT were the possibility that
it might file proceedings against me for alleged
breach of agreement, as well as the fact
that I received another demand from Martin
Russell Jones,
dated 21
October 2004 , stating a 'Brought
forward balance" , of £14,452 (US$25,600). Yes, the same "amount as the original sum demanded in July 2002
There was no explanation whatsoever as to what
the sum refers to i.e. there was no
supporting documentation. I do
NOT owe this sum -as:
(1) in
my 19
December 2003 letter to Cawdery Kaye Fireman & Taylor, I accepted
its client's
' offer '
of £6,350 (US$11,200) in settlement
of my share of the major works (i.e.
the original demand of £14,400 (US$25,400) (For reasons see e.g. My Diary December 2003 ; Mr Gallagher # 3.e.1 , # 3.e. 2 , # 3.f.2 , # 9 ; Home page # 3 , # 4.13 , # 4.14 )
(2 ) Wandsworth County
Court endorsed the document sealing
the agreement on 1
July 2004
(3) It was preceded
by Ms
Ayesha Salim, stating in her 28
May 2004 letter to me acceptance
of the Consent Order, while
in her 15
June 2004 letter, she stated having
sent it to the court for approval
and sent me a copy with her correspondence
of 14
July 2004.
Three weeks after the 21
October 2004 invoice, another
invoice followed from Martin Russell
Jones, dated 16
November 2004 , this time, stating "Brought
forward balance" of £15,447 (US$27,300)
- likewise, with no explanation whatsoever.
This
invoice was sent with a covering letter,
dated 5
October 2004 . (Yes, this letter dated
six weeks previously, was the covering
letter with the invoice).
I knew that these invoices were bogus, an act of revenge - and hence did NOT pay
them.
They were followed by an invoice
dated 9
January 2006 ( i.e. 14 months
later) (*), this time stating a "Brought
forward balance" of £5,625 (US$9,900).
Yet again, no explanation provided.
(*) I attribute the gap to the fact that I filed a complaint with the Law Society against Cawdery Kaye Fireman & Taylor on 20 December 2004, which I escalated (in vain!) to the Legal Services Ombudsman # 2 , as well as filed a complaint with the Royal Institution of Chartered Surveyors against Martin Russell Jones on 2 February 2005 (1.1MB)
Some other
points of note about this invoice
(which further demonstrate the fraudulent method of operating of Mr Ladsky et.
al and their aides) are:
It includes a "half yearly
service charge in advance - to 23 June 2006" of £815 (US$1,435)
With the invoice, Martin Russell
Jones enclosed a document headed "Steel
Services estimated expenditure for
the year ended 2006 " from which
I conclude that it was 'somehow' used to
arrive at the sum of £815 (US$1,435)
(I do not understand how this sum
was arrived at
This document claims that the £76,167
(US$134,300) of expenditure is attributable
to "All
flats" .
This is FRAUDULENT given
that Steel Services no longer had control
of the last floor of Jefferson House (See
Headlessors, Owners
identity and
Pridie
Brewster )
It was followed in June 2006 by an invoice
stating a "Brought forward balance" of £8,621 (US$15,200). As
with the prior invoices: no explanation as to
the composition of the sum.
The 30
June 2006 invoice represents an increase £2,995
(US$5,300) over the 9
January 2006 invoice, which states a
half-yearly service charge in advance of £815
(US$1,435).
As can be seen from the 30
June pack , my half-yearly service
charge BEFORE the addition of four
new flats, including a penthouse
flat that spans the whole length
and width of the top floor, and BEFORE
the complete overhaul of Jefferson
House was £680
(US$1,200).
Outcome: what is the amount currently
'deemed' by Mr Ladsky et. al. and their
aides to be hanging over my head? £14,500 (US$25,600)(?), £15,500 (US$27,300)(?), £5,625 (US$9,900)(?), £8,621 (US$15,200)(?)
or all four combined making a total of £44,246
(US$78,000)?
Who knows, considering the fraudulent
method of operating of Mr Ladsky et. al. and
their retinue of thugs - as can be seen from
some of the evidence compiled in this
pack (2.4MB) (Subsequent note: see Portner and Jaskel for update: another claim was filed against me in February 2007 and, after a 16-month battle, was dropped in June 2008 = court claims = FRAUD TOOLS)
Fair minded, reasonable visitor to
the site, you would think that somebody
with two brain cells, facing somebody
like me - who had nonetheless paid the sum of £6,350
(US$11,200) that was NOT
due and payable - would have backed-off.
Such is the profile
of Mr Andrew Ladsky et. al. and their aides -
and the extent of their arrogance
and greed... as well as their 'justified'
belief in the supporting infrastructure
of lawyers, courts, tribunal, accountants,
local councils, etc.- as can be seen from the summarised outcome of my complaints in e.g. My Diary 6 May 2008
In addition to viewing this as an act
of vengeance by Mr Ladsky et. al.
for my challenging the LVT
application , I read in this an abundantly
clear message of an intention to ruin
me by hoping that it will again force
me to pay for legal advice. And, if
I am declared 'bankrupt',
they will be able to get my flat for
next to nothing. (To some people, these
actions by Mr Ladsky et. al. and
their aides 'might' conjure up sociopathic traits) (Subsequent note: they do fit the profile of sociopaths - My Diary 15 May 2008).
I believe it is fair comment for me to say:
given that the courts have 'worked for Mr Ladsky'
last time, he is bound to, yet again, file a
false claim against me. Indeed, to borrow a leaseholder's
comment about his own landlord,
Mr Ladsky et. al. "...seem to have
turned intimidatory litigation into
an industry"
(Judging from the article in
the Sunday
Times, even girlfriends can end-up being
subjected to this treatment)
Mr Ladsky et. al. and their aides know that
(as demonstrated by events in West
London County Court ) the courts will totally disregard any
evidence I provide against the claim.
(Subsequent note: I was proven right! see Portner / Portner and Jaskel LLP and West London County Court - Post 2004)
In addition to these fraudulent service charge
demands, Mr Ladsky will probably add other claims
as well depending on his fancy - as indicated,
for example, by the 28
February 2005 'diktat' "from" Ms Hathaway
(i.e. from Mr Andrew Ladsky) which threatens
to enforce - yet again through proceedings
- another breach of my lease .
(This is Clause
5 (5) (b) which makes it an obligation
for the landlord "to remove. from the flat
all domestic refuse and rubbish." . I
highlighted the breach of my lease in my 30
March 2005 reply to Ms Hathaway and
in my 21
March 2005 letter to the Royal
Institution of Chartered Surveyors ).
In fact, like the other parts of the 'triple
act' ( Martin
Russell Jones and Mr
Brian Gale ), Ms Joan Hathaway, MRICS and Mr Barrie Martin,
FRICS will do whatever Mr Ladsky dictates, regardless
of the glaringly obvious - and very damning -
evidence and facts.
Subsequent note: I was proven right - see Portner / Portner and Jaskel LLP
In the process, they demonstrate
an endless capacity for flaunting the
laws of the land, amoral conduct, matched by
an equally endless amount of gall.
NO, I
am not going to write 'allegedly' as
I believe that any fair minded, reasonable
person will agree that the body of evidence
in support of my assessment is overwhelming.
There are also numerous examples of
this under Martin
Russell Jones, as well as under Portner / Portner and Jaskel LLP.
One example that has to be seen to be believed
is the 2
May 2006 (2.3.MB) reply from Mr
Barrie Martin, FRICS to my
criticisms of his firm and of Mr Brian
Gale:
"Your allegation is false and we
require your written acceptance that you
were wrong to make it"
Consider this reply in the context of the evidence
contained in the above 2 May 2006 pack
- as well as in the context of this
pack (2.3MB) containing, among others,
a compilation of documents issued by
Mr Brian
Gale, MRICS, Martin
Russell Jones and
their client.
The reason they flaunt the laws of the land? Because they know that they have 'carte blanche' to do it.
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(5) Mr Lanny Silverstone and Ms Ayesha Salim
have a high propensity to threaten proceedings
- always "with costs"
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
Of course, in CKFT, in particular Mr
Lanny Silverstone and Ms Ayesha Salim,
Mr Ladsky has the 'ideal' firm of solicitors
to assist him in his dishonest objectives - as they very clearly don't give a damn about committing criminal offences - in this instance under: Malicious Communications Act 1988 ; Protection from Harassment Act 1997 ; Theft Act 1968 s.21 Blackmail (= same attitude as Mr Ladsky's other puppets: Portner and Jaskel # 3 ; Martin Russell Jones # 25 ; # 26 )
Indeed, the threat of
proceedings - of course, always "with
costs" - is
their favoured approach, as exemplified
by the following which amounts to, bullying, blackmail, extortion and intimidation to make me pay a sum not due and payable
and force me into making a deal with
their client - through FEAR:
Mr Lanny Silverstone's 7
October 2002 letter to me:
"In the
event that payment is not received
by Martin Russell Jones by 10 am on Monday
14 October, we have instructions immediately
to commence proceedings for recovery of the
debt"
Mr Lanny Silverstone's 21
October 2002 letter to me:
"Your consistent
failure to pay such sums is a matter
that could be taken into account by the court
in considering the weight to be given to your
complaints now"
Mr Lanny Silverstone's 4
February 2003 letter to me (when he joined in 'on the act' with Kensington & Chelsea police - K&C police # 2):
"...will
take injunctive steps prior to
other proceedings...The due process of law is under way to claim the perfectly proper service charges that are due from you" (Contrast that with the fact that a c.£500,000 fraud took place)
Mr Lanny Silverstone's 25
June 2003 letter to me
"...the costly
LVT process has now resulted in
a percentage uplift in the contract
figure and a significant delay in the
project"
Mr Lanny Silverstone's 24
July 2003 letter to me:
"Clearly substantial
costs will be incurred if the court has to
deal with the determination of this issue..we
reserve the right to refer to this
and previous correspondence in relation to
any subsequent issue as to costs"
Mr Lanny Silverstone's 7
August 2003 letter to my solicitors (of
a few hours):
"She has declined
to accept those offers. We shall contend that
this is a relevant matter in relation to the
question of costs "
Ms Ayesha Salim's 21
August 2003 letter to me in which she
expected me to pay £708 (US$1,250) for
her "clients costs" (Not granted
by West London County Court )
Ms Ayesha Salim, through the intermediary
of Ms Lisa McLean, Piper
Smith & Basham,
who recorded in her 24
September 2003 correspondence to me:
"...receiving
a voicemail from Ayesha of CKFT...she
said that she had been instructed that
there was now an issue with the Section
20C LVT application. If that was the
case, she was then instructed to commence
proceedings within the next 48 or 72
hours "
(See Piper Smith Basham # 7.18.5 for
further detail)
Ms Ayesha Salim's 21
October 2003 "offer" faxed to Piper Smith
Basham:
"If the offer is rejected and your
client is held liable at the trial."
Ms Ayesha Salim's 28
May 2004 letter to me:
"...we will be
seeking an order for our client's
costs."
The effect of this was that over a
period of 20 months I suffered unbelievable
harassment, alarm, distress and torment
with serious consequences on my physical
and emotional health, great financial
loss and a highly detrimental impact
on my quality of life...
...and continued
to suffer long afterwards due to the
judge in West
London County Court: # 14 deciding
to offer Ms Salim the 'freebie' of having
the action against me "stayed" (See
also
Lord Falconer
of Thoroton # 4 )
Visitor to the site, I give as evidence the
fact that I have numerous witnesses
to the state I was reduced to - including
medical evidence. (See My Diary Year 2003 11 November , 12 November , 13 November , latter part 13 November , 14 November , November 2003 , Latter part of November 2003 , December 2003 , Christmas 2003 )
Given CKFT's method of operating, added to the
fact that there appears to be nothing to stop
Mr Ladsky from filing a false claim against me
in court every day of the week, I concluded that
my only solution for stopping him - at least
for a while - was to file a complaint against
CKFT.
Subsequent note: In -my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease - committed offences against me under the Malicious Communications Act 1988, the Protection from Harassment Act 1997 and the Theft Act 1968 s.21 Blackmail
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(6) My complaint to the Law Society and its
replies
The complaint I filed with the Law Society
against CKFT comprises of:
a summary dated
20 December 2004, supported by
detailed background
information , dated 20 December 2004, as
well as
a pack of 132 enclosures ,
also dated 20 December 2004
With these I enclosed:
a covering
letter , dated 20 December 2004, and
a completed
form , dated 20 December 2004
Given my experience with the Law Society in
relation to my complaint against Piper
Smith & Basham,
I decided that, in filing my complaint
against CKFT, I had to gain as much knowledge
as possible in order to 'pin down'
the Law Society .
Over several weeks, I spent evenings and weekends
researching the solicitors code of conduct, numerous
Acts, the Civil Procedure Rules, etc.
Indications are that I succeeded in doing this
as the 8
February 2005 reply did
not leave the door open for further communication.
(Unlike the case of my complaint against Piper
Smith Basham where it was clear that the Law
Society wanted to keep me running 'like a hamster
on a wheel' until I accepted its ludicrous
assessment)
As can be seen from, among others, the summary of
my complaint, it is my
- non-lawyer - opinion that...
...CKFT has breached many of the rules
in the handling of the case, rules comprised
under the solicitors code of conduct
and Civil Procedure Rules. Also,
that it has committed criminal offences.
Well, CKFT's trade association, the Law
Society, does NOT share my views about breaches
of the solicitors code of conduct and Civil
Procedure Rules - as evidenced
by its reply of 8
February 2005 which concludes with:
"...I am not in a position to
take any of your concerns any further"
I responded to this letter on 19
February 2005 .
To this letter, the Law Society replied on 17
March 2005
"...read through your letter and do
not believe that I can add anything
further over and above what is cited
in my letter of 8 February 2005."
I also highlight that in her 11
July 2005 reply, the Legal
Services Ombudsman has endorsed the Law Society's response. The
sentence in the penultimate paragraph reads:
"In the circumstances... I take
the view that the Law Society's response
was satisfactory and that their decision
to close their file was justified."
HOORAY FOR SELF-REGULATION!
In light of this reply, on 1
August 2005 , I just sent an acknowledgement
capturing the above sentence. I felt that my
precious little spare time would be more usefully
spent developing the site, instead of wasting
it writing a letter drawing attention to points
and evidence I had already supplied.
As
they were not acknowledged the first
time round, nor would they be the second time
round.
Although not a lawyer, I strongly believe
that I have a valid complaint against CKFT
The following are examples of some of the key
points in my 20
December 2004 complaint.
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(6.1) CKFT committed an abuse of the court
process
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
Under point 1.1.4 in the summary of
my complaint, headed 'Principle (f) (duty
to the court)' of the solicitors code of
practice, I stated: "CKFT breached
its duty to the Court by pursuing proceedings
which amounted to an abuse of process of Court" (i.e. the 29
November 2002 claim , ref: WL 203537) - giving
as reasons:
The fact that leaseholders had
been told at the 29
October 2002 LVT pre-trial hearing to NOT
PAY the
service charge until the Tribunal has
issued its determination - and
it had been implemented
The fact that CKFT was fully cognisant
of this action as, in reply to my 17
October 2002 to CKFT in which I asked
"Are you aware that Steel Services has
applied to the Leasehold Valuation
Tribunal for determination of the reasonableness
of the charge for major works?"
Mr
Lanny Silverstone's reply of 21
October 2002 states:
"We are aware that Steel Services has applied
to the Leasehold Valuation Tribunal"
(A copy of these letters was included in the
supporting enclosures to my complaint to
the Law Society. In the main
body of my complaint, I refer to the 17
October 2002 letter under points 72, 73 and
75. While I refer to the 21 October 2002 letter
under points 75, 178 and 179)
I also supplied the Law Society with a copy of the 29 November 2002 court claim ref. WL 203537, drawn-up by CKFT , including the Particulars of Claim (1.1MB) and, in my complaint, under point 82 , I reproduced the content of the Particulars of Claim which states , among others :
"The Claimant believes that the facts stated in this Claim Form are true"
I followed this, under point 82, by stating "This claim, written by CKFT, is false on several counts".
In first place, I wrote : "
1. As previously explained, payment is not due as the LVT told residents to not pay until it had issued its determination and therefore until it had been implemented"
One of the responses from the Law
Society's 8
February 2005 reply to this part of my
complaint includes
"...CKFT on a client's instructions
were at liberty to issue proceedings" (ABSOLUTELY UNBELIEVABLE!)
I draw your attention to the fact that
some of the Law Society's own members
do NOT share its view - (thereby vindicating
my 'non-lawyer'
position) e.g.
The 12
December 2002 letter from one of the leaseholder's
solicitor to CKFT:
"We are surprised
that proceedings have been issued at West London
County Court whilst consideration of your client's
claim is currently before the Leasehold Valuation
Tribunal.
We have written to you concerning
this.our letter dated 28 October 2002.
We will
refer to this correspondence
to the court. Please
confirm that you will arrange
for the proceedings issued at West London
County Court to be suspended pending resolution
of the issues before the LVT."
The 9
April 2003 letter from Ms McLean, Piper
Smith Basham, to my then solicitors:
"We
shall be contending that the county court
proceedings should be stayed pending
the outcome of the Leasehold Valuation Tribunal.
It
could be said in our view that having
issued an application to the LVT. to thereafter commence
proceedings in the county court seeking
the recovery of those same charges could
be an abuse of the process of court".
I
included this letter as part of the supporting enclosures
to my complaint for the purpose of
substantiating point 136 in the main
body of my complaint - under which I captured extracts from the above letter.
See my reply of 19
February 2005 to the Law Society in which,
among others, I refer to parts of the solicitors
code of conduct.
Another of the responses from the Law
Society to this part of my complaint
includes:
"..the information which you have provided
does not demonstrate that CKFT acted
as alleged above as they were at liberty
to issue a claim at court for the Court
to consider"
Please note that:
Under point 78 in
the main body of my 20
December 2004 complaint, I quote from
the booklet that
we, leaseholders, were handed at the 29
October 2002 pre-trial hearing. As can
be seen, I captured the exact text which
states that
"...a recent Court of Appeal case ruling
(Daejan Properties Limited v London
Leasehold Valuation Tribunal) determined
that LVTs only have the jurisdiction
to decide the reasonableness of disputed
service charges that
are still unpaid. "
I copied the first 5 pages of the
booklet, including the front cover, which I included
as part of the enclosures with
my complaint to the Law Society
I covered this issue /
referred to it among others, under
points 75, 81, 82, 83, 92, 97, 131, 139, 143, 150,
157, 179, 181 in the main
body of my complaint. In other words: at
least 12 times .
Under point 114 in the main
body of my complaint, I highlighted part
of point 64 (page 15) of the 17 June 2003 LVT/SC/007/120/02 determination (ref. #992 on the LVT database)
"...the Respondent and other tenants could
not be forced to contribute in the
case of improvements and / or works
not determined as reasonable by the Tribunal"
And the Law Society is of the view that
"...the information [I] provided
does not demonstrate that CKFT acted
as alleged." (ABSOLUTELY UNBELIEVABLE!)
HOORAY FOR SELF-REGULATION!
See also my reply of 19
February 2005 to the Law Society
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
Subsequent note - In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Theft Act 1968 s.21 Blackmail and s.16 Obtaining pecuniary advantage by deception ( 9 out of 14 flats on the 29 November 2002 West London County Court claim ended-up paying the full amount demanded in the claim + a further 16 flats also paid the full amount (Pridie Brewster # 18 ) the Landlord and Tenant Act 1985 s.19(2), the Court and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
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(6.2) CKFT made inappropriate use of forfeiture
legislation in an attempt to force me to
pay monies that were not due and payable
(NB: Threat of forfeiture = FRAUD TOOL)
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
The second example is recorded under point 1.2.2.1
in the summary of
my complaint that "CKFT inappropriately
used Forfeiture legislation, as well as threatened
to contact my mortgage lender as a means of obtaining
from me monies not due and payable" .
This refers to the 7
October 2002 letter from Mr Lanny Silverstone in which he demanded that I immediatedly pay the sum of £14,400.19 (US$25,400)
"Our client requires payment of the above
sum within seven days of the date of this letter.
Our client reserves the right to
take action to forfeit your lease for
breach of covenant and to communicate with
your mortgagee (if any) if such action becomes
necessary"
(As evidenced by Mr Lanny Silverstone 's
reply of 21
October 2002 ) CKFT knew that its
client had applied to the LVT "to
determine the reasonableness of the service
charge demanded" )
I read this letter at work. It caused me so much distress that I ended-up being physically sick (My Diary - 10 October 2002 )
In the main body of my 20
December 2004 complaint, this is covered,
among others, under points 67, 68, 69, 70,
75, 178 and 179.
Under point 70, I also highlighted Mr
Lanny Silverstone's very
different style in the treatment ( 12
days later ) of a leaseholder represented
by a solicitor, as evidenced by his 21
October 2002 letter to the leaseholder's
solicitors:
"We note that you have made no proposal
on behalf of your client to pay all or part
of the interim service charge.
We would
be grateful if you would clarify whether
your client does in fact have any objection
to the cost of the major works."
I also included a copy of this letter as part
of the enclosures .
In my complaint (under point 1.2 in the summary and
under points 68 and 69 in the main
body ), I recorded Mr Silverstone's 7
October 2002 letter to me as amounting
to an offence under Section 21 of
the Theft Act 1968: "Blackmail" (Subsequent note: to which I could have also added criminal offences \under: the Malicious Communications Act 1988, the Protection from Harassment Act 1997, and an offence under the Landlord and Tenant Act 1985 s.19(2))
To this, the Law Society replied
"You claim that CKFT improperly demanded
money from you that was not due.
This, in itself, is a legal issue which this
office cannot consider."
My 19
February 2005 response was:
"Your assessment is incorrect: "Rule 17.05 of the Solicitors Code of Conduct - Letters
before action - When writing a letter of claim
a solicitor must not demand anything other
than that recoverable under the due process
of law" .
I also added: "I refer you again to the
Administration of Justice Act 1970, Section
40" (Subsequent note: I have changed my mind about this - see my note under the extracts )
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
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(6.3) CKFT demanded monies not due and payable
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
The third example refers to my complaint to the Law Society that
CKFT had:
"obtained orders before
the LVT issued its report" ; " ...demanded
monies that were not due and payable - as
ruled by the 17
June 2003 determination
by the Leasehold Valuation Tribunal,
and under the terms of my lease" ;
" consequently that
it led to residents being charged
differentially for the works. CKFT's client
cannot charge differentially "
This is captured in the summary of
my complaint under points 1.1.2.2., 1.1.3.2,
1.1.3.5 and 1.1.3.6.
Under point 148 in the main
body of my complaint I highlighted the
fact that, in its 23
May 2003 Case Management Conference
application to West London County Court,
CKFT states:
"The Claimant has
obtained judgment or settled proceedings
against all Defendants, except the following:
1st., 2nd., 5th. and 7th. Defendants" .
One example can be seen from the consent order faxed by CKFT to West London County Court on 2 April 2003. It reads:
"Judgment against the Seventh Defendant dated 28 January 2003..."
Please note the date. This is ABSOLUTELY APPALLING (see (see Lord Falconer # 1 , WLCC # 5 )
Please
note that the LVT signed its determination, LVT/SC/007/120/02 nearly one month AFTER Mr Silverstone's 23 May 2003 application,
as it is dated 17 June 2003 (ref #992 on the LVT database)
In my complaint to the Law Society, I provided
comprehensive detail of the LVT determination
under section 5 "Determination
by the LVT - 17 June 2003" (points
103 - 123),
supported by documents, including
a copy of the LVT report and the reports
from my surveyor.
This included my surveyor's assessment of 31
July 2003 that the LVT determination had NOT been
reflected in the document produced subsequent
to the 24
June 2003 hearing
(My
surveyor, Mr Brock, is
a Chartered Surveyor,
member of the RICS. To which I will
add: a highly professional surveyor,
with the utmost level of integrity)
Based on my surveyor's
assessment (as the Leasehold
Valuation Tribunal - 'conveniently'
for Steel Services - failed to provide
a global assessment
of the sum demanded - thereby failing
to perform its remit : Leasehold Valuation Tribunal # 4 , # 6 , # 7 , # 10.7 ),
the outcome of the LVT determination,
in relation to the original global sum
demanded of £736,206
(US$1.3 million) (£564,467 (US$995,400)
excl. VAT and 11% management fees) was:
Amount disallowed by the
LVT because improvements: £169,498
(US$299,000) (£129,958 (US$229,200)
excl. VAT and fees) = 23% of
the global sum demanded (point 48, 29
August 2004 )
Amount for which the LVT
could not make a determination due to
lack of specification = £188,784
(US$333,000) (£144,745 (US$255,300)
excl. VAT and fees) = 25.6% of
the global sum demanded (point 48, 29
August 2004 )
A view supported by the
LVT (*) , considering
the terms of the lease, as well as RICS
best practice, that the reserve fund
should be used as contribution: £141,977
(US$250,000) - or 19.3% of
the global sum demanded (point 48, 29
August 2004 )
Leaving an amount that can be charged of £235,947
(US$416,000) - or 32% of the original sum demanded .
In other words, £500,000
(US$882,000) of the original sum demanded of £736,206 (US$1.3 million) was not
considered as reasonable . (point
48, 29
August 2004 )
(*) In the £500,000 (US$882,000)
I have included £141,977 (US$250,400) of
contingency fund. My then Counsel raised it as
an issue during the hearing as Steel Services
/ Martin Russell Jones had not used it as contribution
towards the costs - and were refusing to do so,
in spite of, among others, having stated this
in the 7
June 2001 letter. (This is captured under
point 34 of the LVT/SC/007/120/02 determination, ref #992 on the LVT database).
However, it subsequently did in my case, as
can be seen in the 21
October 2003 'offer' drawn-up by Ms
Ayesha Salim. I believe this to be because,
among others, I had the 7 June 2001 letter
from Ms Hathaway.
(As detailed towards
the end of the section on Pridie
Brewster,
it is clear that this was not taken
into consideration for - at least
- some of the other leaseholders. Which
is clearly WRONG) (See also Martin
Russell Jones point
# 20)
Although the LVT said to not have the jurisdiction
to force Steel Services to use the contingency
fund, considering Clause
2 (2)(e) of the lease (captured under point
59 of the LVT report), under points 62 the
LVT quotes from the RICS Code.
Under point 114 in the main
body of my complaint, I highlighted part
of point 64 (page 15) of the 17
June 2003 LVT determination
"...the Respondent and other tenants (NB!!!) could
not be forced to contribute in
the case of improvements and /
or works not determined as reasonable
by the Tribunal"
Under point 150 in the main
body of my complaint, I highlighted that:
(1) " As consistently provided and
confirmed by Martin Russell Jones, the amount
of service charge for each flat is a fixed
percentage.
(2) The global sum to which these
fixed percentages are applied must be the same
for all the 35 flats in the block.
I
also stressed that:
(3) these percentages were supplied
by CKFT-Steel Services-MRJ to West London County
Court at the 24
June 2003 and 26
August 2003 hearings, and the full
list of percentages was attached to Steel
Services-MRJ's 7
August 2002 application to the LVT.
(4) As to the global sum for the
works, it has to be the same for all lessees.
Hence, Steel Services cannot charge differentially,
other than on the basis of individual lessee's
fixed percentage share of the service charge"
I repeated this under for example,
point 164 in the main
body of my complaint by highlighting the
contents of the 9
August 2003 letter I had sent to the
court - and on which I had copied CKFT.
Under point 159 of my complaint,
I highlighted Mr Lanny Silverstone's 17
July 2003 letter to the LVT, in which
he wrote:
"Our client's Council has advised us that
the LVT was asked to make a determination of
the specific amount of the service charge payable
the tenant of flat 3, Ms Dit-Rawé." .
Under the same point, I captured
the LVT's reply of 21
July 2003 :
"It is not the duty of the Tribunal to
assess the particular contribution payable
by any specific tenant but only to
determine the reasonableness , or
otherwise of the service charges as
a whole to go on the service charge account from
which no doubt you can assess the proportion
for that particular tenant"
To this I added my note:
"Thereby
confirming again that the determination
of the LVT is for the global sum demanded and
therefore: the decision applies to every resident
in the block"
In his 21
July 2003 reply to the LVT's letter of
the same date, Mr Silverstone wrote:
"We are mindful of the fact that the LVT
was, in fact, in a position to make a determination
of the sums that it considered to be reasonable
based on the evidence that it received at various
hearings"
Equally, CKFT's client, Mr
Andrew Ladsky, had full knowledge
that the LVT determination applies to the whole
block, as evidenced by his letter to the tribunal,
captured under point 50 of the LVT
report :
"Whilst I accept that the Tribunal
is to rule on the reasonableness of
the proposed works."
As did his 'other puppet', Ms Joan
Hathaway, Martin
Russell Jones, as can
be seen in 'her' 16
December 2002 letter to me (I believe
this letter was written by Mr Andrew
Ladsky ):
"...the Chairman of the tribunal's instructions
where he indicated that the tribunal
was concerned with the reasonableness
of service charges as set out
in Section 19 of the Landlord & Tenant
Act 1985"
(This is addition to the fact that Ms Hathaway
filed the 7
August 2002 application to the Leasehold
Valuation Tribunal "to determine the reasonableness
of the works" )
(NB: Please note that (after a battle) Mr Stan Gallagher eventually admitted (point 4(1) of his 11 October 2004 reply:
"I accept that the outcome was a significant reduction in the amount due from the tenants" (point 8) (Mr Gallagher # 3.a.3 )
"I accept that it is possible that, given the level of the sums disallowed by the LVT and the criticisms that could be made about the landlord's conduct, a Court may have been persuaded to make no order for costs" (point 6) (Mr Gallagher # 3.a.3 ) )
As with everything else, I included a copy
of these documents in the enclosures to
the Law Society (but not Mr Gallagher's 11 October 2004 reply)
To these, the Law Society 's
replies in its 8
February 2005 letter were:
"CKFT were at liberty to enter
into negotiations with the parties to the litigation
in spite of the pending action in the County
Court"
"...it would be for those individuals
to have taken appropriate legal advice
in order to protect their position."
"This is not a matter for this
office and should have been raised before the
Court for it to determine the jurisdiction
of the Leasehold Valuation Tribunal over the
Court's jurisdiction in respect of CKFT's client's
claim"
My 19
February 2005 reply to these included
"It
is a matter for your Office as there
has been breach of the Solicitors Code of Conduct"
The outcome : 9 out of 14 flats on the 29 November 2002 West London County Court claim ended-up paying the full amount demanded in the claim + a further 16 flats also paid the full amount (Pridie Brewster # 18 ) Court claims = FRAUD TOOLS
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed breaches under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Landlord and Tenant Act 1985 s.19(2), the Theft Act 1968 s. 21 Blackmail, s.16 Obtaining pecuniary advantage by deception, the Money Laundering Regulations / Proceeds of Crime Act 2002, the Courts and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
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(6.4) CKFT actively supported the breach of
covenants in my lease
Under point 1.1.3.2 in the summary of
my complaint I wrote "CKFT has repeatedly
refuted my defence that the demand was in breach
of the terms of my lease opting instead to align
itself with its client in spite of the evidence"
In the main body of my complaint, under point
98, I wrote
"'Even if' lawyers want to argue that the
sum demanded is an "interim payment" (although
I simply cannot see how this could be demonstrated
in view of the facts), I would like to draw
the attention to Clause
(2)(2)(j) of my lease (attached) :
". nothing shall disable the Lessor from
maintaining an action against the Lessee in
respect of non-payment of any such interim
payment as aforesaid notwithstanding that the
Accountant's Certificate had not been furnished
to the Tenant at the time such action was commenced subject
nevertheless to the Lessor establishing in
such action that the interim payment demanded
and unpaid was of a fair and reasonable amount
having regard to the amount of the Service
Charge ultimately payable by the Lessee"
In the main
body of my complaint, under points 103 - 115,
I provided comprehensive detail on the LVT
determination, and wrote in my introduction
"I will now demonstrate that the £14,400.19 (US$25,400) demand
I received was very far from being "fair and
reasonable" as the impact of the LVT determination
meant that it should be reduced by nearly 70%
to £4,615" (US$8,200)
I also added
"It will also demonstrate that Steel Services
is in breach of Clause
(2)(2)(b) of my lease which states: "The
lessor will use its best endeavours to maintain
the annual service charge at the lowest reasonable
figure consistent with due performance and
observations herein". I will demonstrate
in the following that this has most definitely
not been the case."
The Law Society's 8
February 2005 reply was
"CKFT owed a duty to their client to act
in their clients best interests and put forward
their arguments.
Therefore, the rebuttal of your defence
would be the normal course of the litigation
process.
This aspect cannot be taken any further
as in refuting your defence CKFT would have
been relying upon their client's instructions and utilising their professional judgement
on the evidence before them and their interpretation
of the law"
I
replied
"You are endorsing the position that it
is proper conduct for an officer of the court
to assist its client in breaching statutory
requirements and contractual obligations..."
"Your conclusion suggests that, if for example, Mr Ladsky instructs Mr Silverstone and/or Ms Salim to shoot you because he is unhappy with the reply you have provided to my complaint against CKFT, they would be under a duty to do so. This, to me, is the logical extension of your position"
Hence, in filing the claim under
a ' Statement
of Truth ' Ms Hathaway, MRICS, Martin
Russell Jones, and Cawdery Kaye Fireman & Taylor who produced
the claim - breached Clause (2)(2)(j)
of my
lease... in addition to committing a very serious breach of CPR - see My Diary 9 March 2007
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed breaches under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Landlord and Tenant Act 1985 s.19(2), the Theft Act 1968 s. 21 Blackmail and s.16 Obtaining pecuniary advantage by deception ( 9 out of 14 flats on the 29 November 2002 West London County Court claim ended-up paying the full amount demanded in the claim + a further 16 flats also paid the full amount (Pridie Brewster # 18 ) the Money Laundering Regulations / Proceeds of Crime Act 2002, the Courts and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
I hold the view that CKFT, Martin
Russell Jones , Piper Smith Basham and Mr
Stan Gallagher insistence
that the demand was an "interim demand" can
only be interpreted as a shared understanding
between them that another demand for the "major
works" would be sent to leaseholders.
In this context, consider in the transcript of
the 28 May 2004 West London County Court hearing
- Ms Ayesha Salim 's comment
about me that
"The consent order that she submitted has
included works that may possibly take
place in the future to the property and
not just the amount that is claimed within
this claim " .
'Helpfully', the judge (who admitted that he
had not read the document/s) then offered to
have the action against me 'stayed' (open to
further proceedings) - as can be seen in the court
order of that date.
(See Lord
Falconer of Thoroton # 3 , # 4 and # 6 ) for the outcome
of my complaint to the Court Service)
As detailed earlier on, I was absolutely
right (and further vindicated subsequently: court claims = FRAUD TOOLS) . Indeed:
In spite of accepting in my 19
December 2003 letter to CKFT, Mr Ladsky
et. al.'s ' offer '
of £6,350 (US$11,200) in settlement of
my share of the major works (i.e. the original
demand of £14,400 (US$25,400).
Wandsworth County Court endorsing
the document sealing the agreement on 1
July 2004 which had been preceded by Ms
Ayesha Salim, stating in her 28
May 2004 letter to me acceptance of
the Consent Order I had drafted while,
in her 15
June 2004 letter, she stated having
sent it to the court for approval
and sent me a copy with her correspondence
of 14
July 2004 .
I nonetheless received, three
months later, an invoice from Martin
Russell Jones,
dated 21 October 2004, with a "Brought forward
balance" of £14,500 (US$25,600)
- without any explanation whatsoever. I did not
respond.
Another invoice followed three
weeks later from Martin Russell Jones,
this time with a "Brought forward balance" of £15,500 (US$27,300) - likewise,
with no explanation whatsoever. Knowing that they were bogus, I did not
acknowledge them and consequently, did
not pay anything.
Please note that, in my letter of 31
December 2003 i.e. nearly one year previously,
I informed Ms Joan Hathaway, Martin Russell
Jones that I had accepted the offer in settlement
of my share of the major works and had paid £6,350
(US$11,200).
In January 2006 i.e. 14
months later, I received another invoice
from Martin Russell Jones, this time
stating a "Brought
forward balance" of £5,625 (US$9,900).
Hence, 'mysteriously' £10,250 less. Yet again, no explanation provided. And,
as explained earlier on, at least one document
on which this invoice is based is FRAUDULENT.
In June 2006 I received another
invoice stating a " Brought forward balance" of £8,621 (US$15,200). As
with the prior invoices: no explanation as to
the composition of the sum.
The 30
June 2006 invoice represents an increase £2,995
(US$5,281) over the 9
January 2006 invoice, which states a
half-yearly service charge in advance
of £815
(US$1,435).
As can be seen from the 30
June pack , my half-yearly service
charge BEFORE the addition of four
new flats , including a penthouse
flat that spans the whole length
and width of the top floor, and BEFORE
the complete overhaul of Jefferson House
was £680
(US$1,200).
What is the reason for the fraudulent
service charge demand so eagerly pursued
by CKFT?
Mr Ladsky et. al and their
aides deciding that I and other leaseholders would be made to pay for works for which we
are not liable.
The overwhelming evidence in support
of my statement can be seen from the
compilation of documents in this
pack (2.4MB); overview - and here Threat of forfeiture, as well as court claims = FRAUD TOOLS
As to the pay-off, it is evidenced by the block sale of flats in the latter part of 2006, beginning of 2007 which, of course, are in addition to the sale of the penthouse flat BGL 54 458 for £3.9 million (US$6.9 million) in December 2005, etc.
Mr Ladsky
et. al. had absolutely NO intention of
implementing the LVT/SC/007/120/02 determination (ref #992 on the LVT database ) -
and NEVER did.
Hence, the reason for the
bullying and harassment tactics used
by Mr Silverstone to force me"to
meet" with its client to strike a
deal (Letters from Mr Silverstone of 25
June 2003 , 24
July 2003 and 7
August 2003 ).
As I wrote under point 174 of my 20 December 2004 complaint against CKFT:
"WHY DID STEEL SERVICES MAKE ME AN ‘OFFER’? Why did not it instead: (1) revise the specification in light of the LVT determination; (2) issue a Section 20 Notice: (3) provide me with the priced specification; and then (4) demand payment in a manner compliant with the terms of my lease?
I did not want an ‘offer’. This is not the basis on which the service charges operate, doing a deal with one resident, another deal with another resident, and so on, and so on"
I wrote the same thing (under point 67 of my reply to the
Law Society of 30
November 2004 ) in relation to my
complaint against Piper
Smith Basham. And, similarly, in the context of my
complaint to the Bar Council against Mr
Gallagher - under point 64 of my 29
August 2004 reply
"Why did Steel Services
make me an 'offer'? Why
did not it instead issue me (and
other residents) with specifications
that were properly drawn-up and priced,
and compliant with both, Landlord & Tenant
legislation and the terms of my lease?
As stated in my Witness
Statement (point 6) "I have
consistently agreed that repair and
redecoration works are required at
Jefferson House".
But, as I said to Mr Gallagher at
the 28 October 2003 meeting: "I
have an impeccable credit record. What
I owe, I pay. What I do not owe, I
will not pay". (Although I have
ended-up doing this as it became very
clear to me that the system is against
me instead of being there to help me)"
Of course, Ms Ayesha Salim continued with the attack by, among others, blaming me for the LVT proceedings in her 21 October 2003 ' offer ' - in the process, defaming my name and my character (Defamation Act 1996) by making scurrilous claims against me:
"...and to continue to defend these proceedings is her own. Her decision to do so has caused inconvenience and expense to all the lessees of the building..."
Against her above claim, I draw your attention to point 64 of the 17 June 2003 LVT/SC/007/120/02 report (ref. #992 on the LVT database) :
"Although she is in the minority, the Respondent's legal right to challenge the Applicant's proposal, as she has done, cannot be fettered"
Clearly, my not 'running scared' (FEAR tactics) from having a false claim filed against me in court, from being bombarded by harassment, coercion, extortion and intimidation tactics did not fit into the game plan.
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor and Martin Russell Jones -"under instructions from their client" Mr Ladsky - have, in addition to breaching my lease, committed offences under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Theft Act 1968 s.21 Blackmail and s.16 Obtaining pecuniary advantage by deception (9 out of the 14 flats on the claim ended-up paying the full amount demanded + a further 16 flats also paid the full amount - Pridie Brewster # 18 ), the Landlord and Tenant Act 1985 s.19(2), the Court and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
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Contrary to the claim made by CKFT,
Martin Russell Jones and their client
Mr Andrew Ladsky that the demand was an
"interim" service
charge demand e.g. Particulars
of claim filed against me in West London
County Court - IT WAS NOT
NB: court claims = FRAUD TOOLS
I give the following evidential
documents in support of my position:
The 17
July 2002 demand for £14,400 (US$25,400)
was a demand for full payment, being
1.956% of the £736,206 (US$1.3 million)
demanded in the 15
July 2003 letter from Ms Joan Hathaway,
Martin
Russell Jones - based
on the Killby & Gayford's
overall sum.
While this letter states that "the sum quoted
may be exceeded due either to subsequent changes
in the specification or to problems encountered
while the works are in progress" , the 7
August 2002 application by Steel Services-Martin
Russell Jones to the LVT was for "determination
of the reasonableness of the global
sum demanded for the works " .
The sum quoted by Killby and Gayford referred
to ALL the works.
This contractor responded to the specification
produced by Mr
Brian Gale.
The works / nature of the works
detailed in
Mr
Brian Gale's specification are so comprehensive
that they amount to a total overhaul of
the block: new roof; new lift; new boiler plant;
new carpet throughout; new doors; new entrance;
new lighting; new area for the porter; total
repainting internal and external; installation
of mechanical ventilation; replacement of some
windows; re-pointing, etc.
(Parts of the specification stem from
lack of proper maintenance and upkeep of
the block over a period of 12 years - and therefore
in breach of the lease) (See Martin
Russell Jones, section #36 )
The LVT's
remit is captured under point 2 of its 17
June 2002 report
"..the application concerns
major works set out in a specification
prepared by Brian Gale Associates
and priced by Killby & Gayford" (point
24, 29
August 2004 )
And further confirmation that the LVT's remit
was to consider the GLOBAL SUM for the
works , is also found in:
The LVT's 29
October 2002 pre-trial hearing directions
The LVT's reply 21
July 2003 to Mr Silverstone, CKFT, letter
of 17
July 2003 (detailed above)
The reply from Mr Silverstone
dated 21
July 2003 (detailed above)
Ms McLean's
letter of 9
April 2003 to my then solicitors, in
which she captured a voice message
from the LVT Clerk:
"I have had an opportunity of speaking
to the chairperson of the tribunal
and she informs me that what the
tribunal is looking to
determine is the reasonableness
of the global figure that's attributable
to the whole block" (NB:
My highlights)
As also detailed earlier on, Mr
Andrew Ladsky and
his 'puppets' were fully knowledgeable
of this, as evidenced by:
The letter that Mr Andrew
Ladsky wrote to the tribunal, which
is captured under point 50 of the LVT
report :
"Whilst I accept that the
Tribunal is to rule on the reasonableness
of the proposed works."
The 16
December 2002 letter to me, sent under
the name of Ms Hathaway (but I believe to have
been written by Mr Andrew Ladsky )
is also quite clear on this point:
"...the Chairman of the tribunal's
instructions where he indicated that the
tribunal was concerned with the reasonableness
of service charges as set
out in Section 19 of the Landlord & Tenant
Act 1985"
In her 20
August 2002 letter Ms Hathaway asks that:
"[I] make payment. by 16 September
so that the funds are in hand to cover
the cost of the work."
This "payment" is the
sum of £14,400 (US$25,400) - which
is 1.956% of £736,206 (US$1.3 million)
And it was an extortionate demand as the
impact of the LVT determination was to
reduce the original demand by nearly 70%
(includes use of contingency fund)
In my
complaint to the Law Society against CKFT
I provided comprehensive evidence against
CKFT's position that the demand was an
"interim" demand - under points 89 -
99.
These included an argument against the likely
duration of the works.
My position has
been amply vindicated, among others,
by the fact that the works were
started in August 2004 and were still
taking place in
May 2006 i.e. nearly two years
after being started - and therefore
FOUR YEARS after the
original demand - as
can be seen from the photos of the
corridor taken on 1
May 2006 .
See also Photo
gallery for other evidence on the duration
of the works, including broken
step (1.6MB), filth
around my flat , floor
of the entrance corridor (not to
mention the lack of concern about health & safety ).
As amply demonstrated, not only do Mr Lanny Silverstone and Ms Ayesha Salim could not care less about their client breaching covenants in my lease - they actually take an active part in doing this.
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
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(6.5) CKFT persistently ignored the evidence
against its client's claim
Under point 1.1.1.2 of the summary of
my complaint I wrote that "CKFT had
ignored the evidence I supplied".
Among others, this includes my 17
October 2002 letter to CKFT to which I
had attached 'back-up evidence'. (Hence, a
letter sent six weeks before the claim was
filed in West London County Court ). This is
covered in the main
body of my complaint under points 72 - 74
To this, the 8
February 2005 Law Society replies
include, among others:
"...solicitors are not required to reply
to correspondence received from a third
party especially if they have been so instructed
by their client" (UNBELIEVABLE!)
NB: court claims = FRAUD TOOLS
My 19
February 2005 response to this was:
"Annex 21I of the code of the Solicitors
Code of Conduct: "The courts expect
litigation to be started as a last resort after
attempts have been made to settle the dispute
by negotiations or other means.
The courts also expect parties.to have exchanged
information (a 'cards on the table' approach):
for claimants to provide to defendants detailed
letters of claim (letters before action) to
which defendants are expected to respond also
in detail"
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Theft Act 1968 s.21 Blackmail and s.16 Obtaining pecuniary advantage by deception (9 out of the 14 flats on the claim ended-up paying the full amount demanded + a further 16 flats also paid the full amount - Pridie Brewster # 18 ), the Landlord and Tenant Act 1985 s.19(2), the Court and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
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(6.6) CKFT knowingly made false statements
against me to the court - including under a Statement
of Truth
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
In relation to my stating under point 1.1.4.4
of the summary of
my complaint "...it knowingly made
statements that were untrue and accompanied
these by signing a Statement of Truth.."
First false statement made by Ms Ayesha Salim
- under of a Statement of Truth
This issue is covered under points 82, 165,
175 and 179 in the main
body of my complaint. It refers to the
fact contrary to what is stated in CKFT's 6
August 2003 application for a hearing
( signed under a Statement of Truth
by Ms Ayesha Salim ) that
"We CKFT intend to apply for an Order that
(1) There be Judgement for the Claimant
against the Second Defendant and Fifth Defendant
under CPR Part 24.2
(2) The Defendants do pay the Claimant's
costs of those proceedings - Because
The Claimant believes that the Second (and
Fifth) Defendants have no real prospects of
successfully defending the Claim and the Claimant
knows of no other compelling reason why the
case should be disposed of at Trial"
NB: court claims = FRAUD TOOLS
Following the decision on
24th June 2003, MRJ issued a revised
Major Work Apportionment setting out
the revised estimate for the works
and calculation of the percentages
due from each of the tenants at the
property. A copy of the revised estimate
and apportionment is attached to this application"
Despite the decision of the
LVT and despite being served with the
revised apportionments, the Second
and Fifth Defendants have failed to
pay the sums determined to be reasonable
by the LVT
Accordingly, the Claimant
asks the court to enter summary judgement
against the Second and Fifth Defendants
with an order for payment of the Claimant's
costs of these proceedings
The document attached to the application, " Major
works apportionment 24th June 2002
revised ", demonstrates
that the sum demanded
has been revised down by 24.19% i.e. the
same amount as for the 24
June 2003 hearing
The only difference is that in this instance
the document covers the 35 flats (which was the
total number of flats at the time).
It is GLARINGLY OBVIOUS that
Ms Ayesha Salim has made false claims to West
London County Court - under a 'Statement of
Truth:
The amount demanded is the same
as it was two months previously, on 24
June 2003
At the West London County Court hearing on 24
June 2003, JUST 10
minutes before seeing the judge, Mr
Lanny Silverstone, handed me
three documents I had NOT seen
previously.
They included a " Major
works apportionment 24th June 2002
Revised " produced
by Martin
Russell Jones for which, in my case
(and that of the other five leaseholders),
the original sum demanded was reduced
by just 24.19% - in my case, amounting
to £10,917 (US$19,250)
.
Mr Silverstone did not provide me with
any supporting document as to how this reduction
had been achieved .
The remaining
two documents are a " Draft
Order and Case Summary " which,
among others, state:
"Majority of s/c
expenditure approved. Where not
approved, LVT said that because lack
of sufficient detail in specification
rather than because outside scope or
not reasonable" (UNBELIEVABLE!)
This
is NOT TRUE - as demonstrated
earlier on under # 6.3
In addition to this, a Section 20 Notice had NOT been
issued following the LVT 17 June
2003 determination.
In my letter of 15
July 2003 to West London County
Court, I wrote
"Steel Services - Martin Russell
Jones are not complying with the decision
of the Leasehold Valuation Tribunal"
and detailed the main points of my surveyor's
assessment of the LVT's determination.
I also wrote
"At the case management hearing
on 24 June 2003, Mr Silverstone of
CKFT handed me and your Court a revised
amount for the major works, from £14,400 (US25,400) to £10,917 (US$19,250)
They are clearly expecting me to
pay this amount now. I disagree
with this amount (and state the
reasons).
As this revised amount was given
to me without any supporting evidence
of the basis by which it was arrived
at - and none has been provided since
- on 6
July I wrote to Martin Russell
Jones explaining
that I disagreed with the amount
for the reasons listed above, and
asked for the basis of their calculations.
I gave them until yesterday to reply. They
have not.
Using intimidation
tactics they appear to have succeeded
in getting some residents to pay the
full amount originally demanded for
the major works.
Resisting these tactics
has, for me, been a harrowing, very
traumatic and very costly experience
over the last two years but, I will
maintain my position: I will
only pay my share of the major works
that is fair and reasonable and in
compliance with the terms of the lease. In
this context, I accept the decision
of the LVT
I would therefore be most grateful
for your assistance in compelling Steel
Services and Martin Russell Jones to
comply with the LVT's decision
I have an impeccable
track-record and these people are dragging
my name through the courts by making
false claims against me. This
is defamation of my name and of my
character"
As can be seen, I copied Mr Silverstone, CKFT
on this letter.
This led Mr Silverstone to send me a letter,
dated 17
July 2003, with which was enclosed "Part
III" of the specifications for the works
with "Revised price" written as heading
(Included in the hyperlinked pack).
My surveyor determined that there had been
a small reduction relative to the document
handed to me at the 24 June 2003 hearing
i.e. " Major
works apportionment 24th June 2002 Revised ".
Hence, it still fell
very far short of the LVT determination.
In addition - as can be seen - there was no
supporting evidence as to how the sums
had been arrived at (consequently amounting
to a breach
of my statutory rights).
Therefore: Ms
Ayesha Salim's claim - under
a Statement of Truth - was
NOT TRUE.
NB: court claims = FRAUD TOOLS
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Theft Act 1968 s.21 Blackmail and s.16 Obtaining pecuniary advantage by deception (9 out of the 14 flats on the claim ended-up paying the full amount demanded + a further 16 flats also paid the full amount - Pridie Brewster # 18 ), the Landlord and Tenant Act 1985 s.19(2), the Court and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
In fact, Ms Salim made another
false statement in this application
In her 6
August 2003 application to West London
County Court she wrote, on page 2
"Martin Russell Jones issued a revised Major
Works Apportionment setting out the revised
estimate for the works and calculation of the
percentages due from each of the tenants at
the property. A copy of the revised estimate
and apportionment is attached to the application
notice"
As explained earlier, the " Major
works apportionment 24th June 2002
revised " she
attached shows a reduction of 24.19%
for each flat
The 2002 and 2003 "summary
of contributions to the major works
fund" sent to me by
the ICAEW with
its 29
August 2006 letter (not surprisingly,
Ms Salim's client - Martin Russell
Jones never provided me with these)
show that 9
out the 14 flats listed on the West
London County Court claim were charged
the FULL amount originally demanded by
Ms Hathaway in her 15
July 2002 letter.
These amounts are listed in the Particulars
of the claim (1.1MB) (contains
my analysis of the contributions paid
by the leaseholders,
as well as supporting documents) accompanying
the 29
November 2002 West London County Court
claim - DRAWN-UP by CKFT -
and filed by Ms Hathaway - under a
Statement of Truth.
As 'acting solicitors' on the claim filed
in West London County Court, Ms Ayesha
Salim obviously KNEW the amount that had
been paid for each of - at least by then
- seven of the 11 leaseholders.
Indeed:
(1) In his 23
May 2003 application for a Case Management
Conference to West London County Court
, Mr
Lanny Silverstone wrote:
"As you are aware we are solicitors
for the Claimant.
The Claimant
has obtained judgment or settled
proceedings against all Defendants, except the following. The
list states the 1st , 2nd , 5th and
7th Defendant"
(2) In her client's 21
October 2003 'offer' to me, Ms Salim wrote
"...other lessees and residents of the building
who have, quite rightly, paid their apportioned
liability"
How
does Ms Ayesha Salim reconcile her claim - under
a Statement of Truth - in her 6 August
2003 application that the
"...revised Major
Works Apportionment setting out the
revised estimate for the works and
calculation of the percentages due
from each of the tenants at the property.."
with the "summary of contributions to the
major works fund" produced by Pridie
Brewster - (which I have analysed)?
Ms Salim KNEW what these leaseholders
had been made to pay. SHE / her firm FORCED
these leaseholders to pay these amounts
at 'gun point' i.e. by issuing - and
pursuing - the FALSE claim against them.
Ms Salim also made a third
false claim to the court
Prior to seeing the judge for the 26 August
2003 hearing, a conversation took place
between Ms McLean, counsel and Ms Salim (I did
not join this conversation).
Given my position, it resulted in 'an understanding'
to get me to pay the costs I had recognised
in my 9
August 2003 letter to the court. (NB:
Although bear in mind that the demand
was NOT compliant with the terms of my
lease as it was not supported by certified
accounts - as
explained previously )
To induce me to make this payment, Ms McLean
and counsel had told me that, if I did
not do this, it would be held against me.
Considering the conduct of West London
County Court to date, I believed them.
In any case, I had always recognised that
works were needed to the block and that
consequently I would need to pay my share
- as evidenced by my
Witness Statement. (Fact also recognised
by Mr Lanny Silverstone)
I
therefore agreed to do this, paying the
sum of £2,255 (US$4,000)
(slightly less than my own calculations)
(I have never been able to determine
from Ms McLean how she, counsel and Ms
Salim arrived at this amount)
During the meeting with the judge, Ms
Salim's explanation for the fact that
her
application referred to the full
amount ("...the
Claimant asks the court to enter summary
judgement...")
when, in fact, now, the sum proposed
was less than what she claimed
in her application, she replied: "it
was a clerical error" . And this
was accepted by the judge without the
blink of an eyelid (West London County # 11 )
(Evidence in support: (1) On 28
August 2003 , I sent a copy of Ms Salim's
5 August letter to Ms
McLean;
(2) To this, she replied on 1
September 2003 "I note the documents
enclosed and in particular the correspondence
from CKFT in relation to the application
for summary judgement. The matter has now been
concluded on the 26th August and I am
not sure as to its relevance now."
(3) My reply of 3
September 2003 was "I included it
in case it became relevant at a later stage. (My
not having it on 26 August was probably not
important given the Judge's acceptance of,
in my view, CKFT's lie that "it was an error" )
The Law Society's 8
February 2005 reply to my claim that
"...[Ms Salim] knowingly
made statements that were untrue and
accompanied these by signing a Statement
of Truth.." was:
"This is a serious allegation about the
probity of a solicitor.
The language used in that application was
in accordance with Part 24.2 (a) (i) and 24.2
(3).
Therefore the statements of truth as signed
does not demonstrate that Ms Salim has acted
in breach of the rules / principles of professional
conduct governing solicitors"
To which I replied in my 19
February 2005 letter
"Yes, and what Mr Silverstone and Ms Salim
have done to me is also very serious
.
The appropriateness of the wording used
in making a false statement is irrelevant:
it is still a false statement"
(Subsequent note: see Portner and Jaskel # 6.3 for the Civil Procedure Rules regarding witness statements)
It should be noted (as captured under point
173 of my
complaint ) that, in spite of my repeatedly
saying, including to the courts, that
the LVT determination had very clearly not
been implemented, Ms
Ayesha Salim, still made the same
claim in the 21 October 2003 ' offer '
for £6,350 (US$11,200)
vs. the original demand of £14,400 (US$25,400). (In 'typical
style', there is also a demand for £143
(US$250) of interest (NB: !!! )
). Indeed, the 'offer' she wrote starts with:
"Our client maintains that
as a result of the LVT decision dated 17 June
2003, it is entitled to payment from
your client of the sum of £10,917.27 " (US$19,250)
In other words, the same amount claimed
at the 24 June 2003 and 26 August 2003
hearings. This is NOT true.
Fair minded, reasonable visitor to the site
- considering the events with CKFT and
its client, Mr Ladsky (as well as his other 'puppets'
Martin
Russell Jones, Mr
Brian Gale and Portner / Portner and Jaskel LLP ) - do you believe
that its client would have made me
an 'offer' for £6,350 (US$11,200)
if it had been the outcome of the LVT
determination?
Furthermore, consider also that I have NOT acknowledged
any of the invoices sent by Martin Russell
Jones since October 2004. (Subsequent note: see Portner / Portner and Jaskel LLP ; my 3 June 2008 (74pg) Witness Statement ; (4pg) Main Points )
Considering MRJ and its client, Mr Andrew Ladsky, have
turned "intimidatory litigation
into an industry" - how come
that they have not taken action against
me? (Well... at least, not yet!) (Subsequent note: they did set on a path of revenge, but : got defeated in 2008 - Portner / Portner and Jaskel LLP # 31 )
What must also be noted in the 21 October
2003 ' offer '
is the comment that
"...our client has, once again (NB:!!!) ,
reviewed the revised apportionment."
I fully accepted the LVT determination (as I
had stated in my 15
July 2003 letter to
West London County Court). As evidenced
by the above statement, it
is 'Steel
Services' that kept on challenging
the LVT determination - and has
never implemented it.
(My subsequent requests - IN
VAIN - to the Head
of the LVTs was to ensure that the LVT captures
a summary of its decision i.e. perform as per
its remit - which it captured, among others,
under point
1 of its report ; its 29
October 2002 directions)
(THANK YOU Mr
John Prescott AND Ms
Siobhan McGrath, Head LVTs for the
POISONED CHALICE!)
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Theft Act 1968 s.21 Blackmail and s.16 Obtaining pecuniary advantage by deception (9 out of the 14 flats on the claim ended-up paying the full amount demanded + a further 16 flats also paid the full amount - Pridie Brewster # 18 ), the Landlord and Tenant Act 1985 s.19(2), the Court and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
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(6.7) CKFT accompanied the claim to West London
County Court with a lease falsely claiming
that it was representative of my lease
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
The 29 November 2002 Particulars
of Claim drawn-up by CKFT, with a Statement
of Truth signed by Ms Hathaway, Martin
Russell Jones, also state:
"The Claimant attaches
to these Particulars of Claim (i) a
copy of the lease of flat 23 which contains
covenants in the same terms as all the leases ."
This is NOT TRUE, as I highlighted
in my 17
December 2002 defence to the claim
"Part of my lease is different from that
supplied to the County Court" .
Indeed, Clause (2)(2)(c)(i) 'apparently' for flat
23 , is materially different from mine
on a critical aspect in relation to this clause, as it
reads:
" The amount of Service Charge payable
by the Lessee for each financial
year of the Lessor shall be a fair proportion (to
be determined by and at the sole discretion
of the Lessor) of the aggregate
amount of the costs expenses and outgoings
incurred by the Lessor during such financial
year in respect of the heads of expenditure
particulars whereof are set out in the Fourth
Schedule" .
Whereas Clause (2)(2)(c)(i) in my
lease reads:
"The amount of the Service Charge payable
by the Lessee for each financial year of the
Lessor shall be calculated by dividing
the aggregate amount of the costs expenses
and outgoings incurred by the Lessor during such
financial year in respect of the heads of expenditure
particulars whereof are set out in the Fourth
Schedule hereto by the aggregate
of the rateable value (in force at the end of such year) of
all the flats in the Building (excluding the
Porter's flat) the repair maintenance renewal
insurance or servicing whereof is charged in
such calculation as aforesaid and
then multiplying the resultant amount by the
rateable value (in force at the same date) of the Flat"
The Clause in the lease (apparently) for flat
23 is, in my view, equivalent to saying:
"Give your cheque book to the lessor who
will write himself a cheque for an amount of
his choice"
I find it extremely difficult to believe that
a leaseholder would agree to such outrageously
unfair contract terms .
My highlighting in my defence that the lease
supplied with the claim was different from
mine, led Mr Silverstone to
request, in his 23
January 2003 letter, i.e. two
months AFTER filing the - false - claim against
me, a copy of my lease. (As can be seen
from the attached, I complied with this
request).
In my 20
December 2004 complaint against CKFT,
I raised this under points 83 - 86.
Outcome: Ignored
by the Law Society.
Court claims = FRAUD TOOLS
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor -"under instructions from its client" Mr Ladsky - has, in addition to breaching my lease, committed offences under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Defamation Act 1996, the Theft Act 1968 s.21 Blackmail and s.16 Obtaining pecuniary advantage by deception (9 out of the 14 flats on the claim ended-up paying the full amount demanded + a further 16 flats also paid the full amount - Pridie Brewster # 18 ), the Landlord and Tenant Act 1985 s.19(2), the Court and Legal Services Act 1990 Ch. 41 s.17 and CPR 1 1.3
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(6.8) CKFT acted in tandem with Piper Smith
Basham with the objective of forcing me
to strike a deal with its client
The Law Society also opted to ignore the events
surrounding the time I took back control of
my case in mid-December 2003 . I did
this because Mr Twyman, Piper Smith & Basham,
had sent a reply to the 'offer' on 13 November
2003 - without my consent (see Piper
Smith Basham/Watton for further detail).
I sent my 'own' version of
the Notice of Acceptance to CKFT on 19
December 2003 .
As by mid-January I had not received a reply,
I asked a firm of solicitors to send, on 16
January 2004 , a copy of the documents
I had sent to CKFT on 19 December 2003.
My
reason for doing this was that, given
CKFT's modus operandi, I could not exclude the
possibility that it might claim it had received
post from me on 22 December 2003, but that it
was just an empty envelop.
Eventually, I received a letter from Ms
Ayesha Salim , dated 27
January 2004, in which she wrote
"We have now located two of your letters
dated 19 December 2003"
Hence, this was five weeks later !
(Please note that I had sent the letter by 'special
delivery next day' (as can be seen in the attached 19
December 2003 letter) and had received
confirmation from the post office that it had
been delivered).
My conclusion is that my taking back
control of my case had 'thrown a spanner in
the works', upsetting the game plan (whatever
this was).
(NO, I am not
going to state 'allegedly' as I believe that
any reasonable person considering the
evidence would arrive at the same conclusion).
Indeed, the 27 January 2004 letter from Ms Salim
was sent one week AFTER Ms
Lisa McLean, Piper Smith Basham/Watton, had sent me
her 21
January 2004 letter in which she wrote:
"There is also of course the outstanding
issue of the concluded agreement. Once again
if you wish to discuss the matter with me at (sic) the
telephone I am happy to do so"
Please note that there was NO "concluded
agreement" , as evidenced by her 24
November 2003 letter asking me to "confirm
that the consent order may be signed ".
To
this I replied on 26
November 2003 "I am not
endorsing a reply that does not in any
way challenge the offer letter .It
was your firm's responsibility to ensure
it was captured in the letter and it is
now your firm's responsibility to ensure
that it is." .
And as also evidenced in Mr
Gallagher's initial
reply to my complaint, as he wrote that he "simply (could) not
understand why NKDR changed
her mind and was not
prepared to endorse the draft consent order " (point
80, 9
June 2004 )
Contrast the 21
January 2004 letter with the previous
letter I had received from Ms McLean, dated 12
December 2003 (i.e. six weeks previously )
"One final point to make is that whilst
there is a current complaint against me personally
and the firm it would
not be appropriate for me to continue acting
for you, our relationship
having broken down".
How about that for the use of FEAR tactics?!
(Ms McLean was referring to my 2
December 2003 letter to Messrs Berns and
Skuse)
My conclusion from this is that the 21 January
2004 letter amounted to a ' last ditch
attempt ' at making me agree to the
reply that had been sent - without my consent.
In fact, it is clear that, from the very beginning
of my relationship with Piper Smith Basham,
the intention had been that the (false) claim
against me would be resolved through striking
a deal.
I give the following as evidence:
In my 21
August 2003 letter to Ms McLean I had
made it very clear that I was not prepared
to strike a deal, stating that it
"would
be a very unwise move as it would allow
them to get away with the need to redraw the
specification, thereby leaving me exposed to
further demands at a later stage which, I can
guarantee, would be made (letters from MRJ
of 26
March 2002 and 15
July 2002 )"
In my letter of 9
August 2003 to West London County Court - copied
to CKFT, and of which I had given a copy to
Ms McLean, I wrote, among others:
"The
LVT has made a determination on the reasonableness
of the service charge for the block -as a whole - not
just for myself.
There are no side
deals to be made with the Claimant:
the nature of the works and their associated
costs must be totally clear and transparent - to
ALL lessees.
But, as can be seen in her 4
September 2003 letter, Ms McLean and CKFT
were not giving up on the idea:
"Incidentally (NB !!!) ,
I took a call from CKFT today and, in view
of the costs being incurred by both sides they
asked whether we would be amenable to any deals (NB
!!!)
I said that I had noted that you had previously
refused to deal with them but in the event
that they wished to make an offer (NB
!!!) I was, as they well know,
obliged to put it to you (NB !!!)
They intimated that they will make a Part
36 offer (NB !!!)
The relevance of this is that if they make
an offer which is rejected and, following trial
the judge makes a determination that is no
better than the offer that they had made then
you will have to pay their costs from the time
the part 36 offer had been made up until the
trial" (NB Please note
the threat)
I replied as follows on 9
September 2003
"I maintain what I said:
the situation is the result of Steel Services/Mr
Ladsky and MRJ's doing - not mine (nor indeed
that of the other residents).my position has
remained unchanged: 'No' as this does
not achieve my objectives "
From liaising with Piper Smith Basham, CKFT
and its client realised that I was prepared
to go to trial over this action: I had written
a Witness
Statement and was appointing a barrister.
It is my belief that this triggered the 21
October 2003 'offer'.
The last thing
they wanted to do was proceed to trial.
Hence, the events which took place
at the time of the reply - and subsequently (See
also Stan Gallagher and Piper
Smith Basham/Watton)
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor and Piper Smith Basham/Watton - at the instigation of Mr Ladsky - have committed offences against me under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Theft Act 1968 s.21 Blackmail and the Landlord and Tenant Act 1985 s.19(2)
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(6.9) The evidence suggests that, for a while,
CKFT was demanding monies and threatening
me with proceedings on behalf of a company
that did not exist
(NB: Events covered in my 3 June 2008 (74pg) Witness Statement; (4pg) Main Points)
Earlier on in this section I highlighted that
the outcome of the various searches on Steel
Services undertaken by myself, Kensington & Chelsea
Council Housing department and Nucleus Citizen
Advice Bureau led to a 'nil' return.
There was NO RECORD of Steel Services in the
U. K. , Jersey and the British Virgin Islands
as, in their 8
August 2002 reply, the authorities had
stated that Steel Services had
been "Struck-off the register for
non-payment of licence fee"
(Please note that, among others, in its 10
October 2001 reply to Nucleus, the Land
Registry stated: "Steel Services
Limited is in fact an overseas company and
therefore does not have a companies registration
number" ) (See also Owners
identity , Headlessors,
BVI registration and Jersey
address ).
Yet, one week earlier, in a letter dated 1
August 2002 to the Housing department,
CKFT wrote
"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"
In light of this, in the summary of
my complaint against CKFT, under point 1.4 I
wrote, "CKFT also committed offences
under the Money Laundering Regulations / Proceeds
of Crime Act 2002" (NB see also guidance from the Law Society England and Wales)
While under sub-point 1.4.1.4, I wrote, "Failing
to check the identity of its client, resulting
in its claims, over a period of at least
three months that it was acting on behalf
of an entity when, in fact, the evidence
demonstrates did not exist"
In the main
body of my complaint, the details are
included under points 12 - 22.
As with all my other allegations of criminal
offences, the Law Society did not make
any comment on this , other than state
that it viewed all my allegations of criminal
offences as falling within the domain of
the police. Hence, nothing
to do with the Law Society.
(For other evidence against CKFT, see also Piper
Smith Basham # 7.18 and Martin Russell Jones # 43 for events in relation to my 20C application in
which Ms Ayesha Salim played
a major part in what I consider as
the use of extensive bullying, coercion and intimidation tactics - in collusion with Ms Lisa McLean, Piper Smith Basham/Watton and Mr Barrie Martin, FRICS, and Ms Joan Hathaway, MRICS, Martin Russell Jones - to which the LVT provided some 'very helpful assistance - LVT # 5 )
Subsequent note: In my non-lawyer opinion - I hold the view that Cawdery Kaye Fireman & Taylor, Piper Smith Basham/Watton and Martin Russell Jones - at the instigation of Mr Ladsky - have committed offences against me under the Malicious Communications Act 1988, the Protection from Harassment Act 1997, the Theft Act 1968 s.21 Blackmail and the Landlord and Tenant Act 1985
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(6.10) CKFT failed to observe proper standards
of work
Under point 1.1.3.8 of the summary of
my complaint - I classified under 'Principle
(e) (standard of work)' - that " CKFT
has also failed to observe proper standards of
work..
(a) not taking action to stay the court
proceedings.
(b) asking for a case management hearing
as I had leave of appeal to the Lands Tribunal.
(c) handing me a draft order and case summary
I had not seen, barely minutes before seeing
the judge. (on 24
June 2003)
(d) not issuing me with a skeleton argument
for a hearing." (28
May 2004)
Among the several other points, I included (under
1.1.3.3):
"CKFT sent me an offer it described as a "Part
36 Offer"
This offer, which in fact was a 'pre-action'
offer was not compliant with the CPR Rules as
defined by Lord Woolf's in
the Ford v GKR Construction Ltd [2000] 1 All
ER802 case as I was not supplied
with the information necessary for me to assess
it.
(NB: My own 'advisers', Mr Twyman, Piper
Smith Basham and Mr
Gallagher did not come back
to me with any comment following my
identifying this case from desk research (in my 13
November 2003 fax) and hence, requirement
for the working of Part 36 Offers)
To all of these points, the Law Society 's
reply was,
"The issue which you have raised. are all
procedural / legal matters which were for the
court to address.For this reason I am not able
to consider this aspect further"
Fair minded, reasonable visitor to the
site: do you see why I stated in the introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
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(7) Overall, in relation to numerous points
in my complaint, the Law Society said to
be unable to consider them citing one of
the following three reasons:
(1) legal issue;
(2) matter for the court;
(3) matter for the police.
My allegations included, among others, what
I consider to be offences under:
Section 40 of the Administration
of Justice Act 1970 which states
that it is illegal to make "threats that
are calculated to cause alarm, distress or
humiliation" (Subsequent note: I have changed my mind about this - see my note under the extracts )
Section 4A of the Criminal
Justice & Public Order Act 1984 which
makes it a "...criminal offence to cause
harassment, alarm or distress with intent
by using threatening words"
Theft Act 1968 - Section
16(1) : "...by any deception dishonestly
obtaining for another any pecuniary advantage."
Theft Act 1968 - Section
21 : "Blackmail - (1) A person
is guilty of blackmail if, with a view to gain
for himself or another or with intent to cause
loss to another, he makes any unwarranted demand
with menaces."
To avoid misunderstanding, I also included the
definition of 'blackmail', 'bullying', 'fraud'
and 'extortion' I sourced from four different
English dictionaries and, in the case of 'bullying',
also from the website of charity organisations
who deal with this particular issue.
To these can also be added, a breach of:
Court and Legal Servcies Act 1990 - Chapter 41 - Section 17 "...duty to ensure the proper and efficient administration of justice"
Protection from Harassment Act 1997 "A person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment of the other"
Malicious Communications Act 1988 - "(1) Any person who sends to another person (a) a letter, electronic communication...which conveys (ii) a threat or (iii) information which is false and known or believed to be false by the sender...is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated"
as well as, 'it seems' :
Proceeds of Crime Act 2002 - Money laundering offences - considering the above breaches and Section 413 of the Act which provides a definition of 'criminal conduct'...
...Section 327 "Concealing" , Section 328 "Arrangements"; Section 329 (b) "Acquisition"', as well as the requirement to "Know your client"
The Law Society in England and Wales provides comprehensive guidance to its members on its website, including stating that "...almost all solicitors will now be within the regulator sector.."
A point to note about the Act is Section 413 (5) "It is immaterial (a) whether conduct occurred before or after the passing of this Act, and (b) whether property or a pecuniary advantage constituting a benefit from conduct was obtained before or after the passing of this Act"
Furthermore, Mr Lanny Silverstone and Ms Ayesha Salim have committed offences against me under the Defamation Act 1996 by falsely portraying me to the court - and the public at large - given that the documents were given to other leaseholders, as a dishonest individual who defaults on her contractual obligations.
As I captured under point 1.5 in the summary of 20 December 2004 complaint :
"I could suffer great financial loss as a result of this in future as, seen in isolation, any reasonable and respectable people who come across these documents will think less of me as a result. Among others, this could have a catastrophic effect on my future employment prospects. (My job applications may be rejected due to the defamatory statements issued and circulated by CKFT)"
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(8) I filed a complaint with the Legal Services
Ombudsman against the Law Society
In my 20
February 2005 covering letter to the LSO,
I provided my answer to the Law Society's comments
relating to actions it viewed as falling within
the domain of the court / police.
I did this by relating my experiences with both,
and concluded by stating that in light of my
first-hand experience with West London County
Court , Wandsworth
County Court and Kensington & Chelsea
police I summarised my chances as "nil" .

|
In
her 11
July 2005 reply,
the Legal
Services Ombudsman endorsed the Law Society's response. The
sentence in the penultimate paragraph
reads:
"In
the circumstances I take the
view that the Law Society's
response was satisfactory and
that their decision to close
their file was justified." |
Consequently, if I am to refer to the
assessment of the Law Society and the Legal
Services Ombudsman, MY
COMPLAINT AGAINST CKFT CAN ONLY BE DESCRIBED
AS 'MY ALLEGED ACCUSATIONS'
Yet, although not a lawyer, I strongly
believe that I have a valid complaint against
CKFT. I do not believe that it requires the
brain of a genius to see that.
I will add that I have not heard anything from
CKFT since filing my complaint.
Considering that CKFT is 'litigation-happy',
I view this as endorsement of my position.
(They are definitely keeping away from
me as, in spite of being Steel
Services representative , for the 'scam' (1.1MB),
the so-called 'notice of first refusal' of
10 February 2006, Mr Andrew Ladsky used
another firm of 'cowboys', Portner
and Jaskel - See Notices
by landlord - 10 February 2006 ; Portner and Jaskel # 1 ... and # 4 for the Law Society's approval
NO, I am not going
to say 'allegedly' after my describing
CKFT and Portner and Jaskel as 'cowboys'
as I believe that any fair minded, reasonable
person - having read the 'black on white'
evidence against both firms - will have
no difficulty understanding that events
have led me to form this perception. In fact, at June 2008 I add: evil, corrupt, morally depraved scums.
At March 2007: I can add further evidence in support of my position: see Portner # 6 ; 9 March 2007 for the fraudulent claim filed against me by Portner and Jaskel in West London County Court (My reply WLCC # 2 ; # 7 ) - and, at December 2007, I have compiled even more evidence against Portner and Jaskel - see Portner and Jaskel...
...and at June 2008? After a 16-month battle that started with the 16 February 2007 threat of "bankruptcy proceedings", "forfeiture" of my flat, and "costs" unless I paid the fraudulent sum of £10,357 (US$18,262): Mr Andrew Ladsky has dropped "ALL of the claim" against me - Portner and Jaskel # 31 ; # 29 (my Wtiness Statement) Consider that Portner and Jaskel started by threatening me with bankruptcy - # 3 = Further proof that the threat of forfeiture, bankruptcy, as well as the court claims = FRAUD TOOLS)
Yes: definitely evil, corrupt, morally depraved scums.
The battle with the Law Society and escalation
to the Legal Services Ombudsman cost me c.
200 hours of my life.
Hence: c.200 hours of my life down the drain!
Fair minded, reasonable visitor to the
site: do you see why I stated in my introduction
to the site that there is 'no avenue open to
me for justice and redress on this island'?
These events lead me to fully endorse Sir
David Clementi 's conclusions following
his review of the legal profession (as reported
in the Financial
Times of 16 December 2004)
"The current regulatory system
is flawed. It has insufficient
regard to the interests of consumers...
I am not satisfied that the main
frontline bodies have always put
consumer interests ahead of their own interests."
Following the findings from the review by Sir
David Clementi, the Legal Services Bill proposes
setting-up a Legal
Services Board with, it 'seems', some 'teeth'.
As can be seen in The
Times article of 25
July 2006 , the head of the Law Society
is strongly opposed to this calling
it "truly
scary" (I bet!) and that "if
a regulator is given a power, it
will use it" (Heuh...yes, that's'
the idea!)
She is also concerned about the proposed "extensive
powers for the lay-dominated board" .
She had been given reassurances by the (then) clan's
big chief, Lord Falconer, " that
it was intended to be light-touch regulation
but instead we have Model A (the most
heavy) by the backdoor"
Reading this means that I am not holding my
breath as I fear that we are going to end-up
with a re-sprayed version of the existing system. (Subsequent note: a year later, in 2007, nothing had changed - as can be seen from the Law Society's reply to my complaint against Portner and Jaskel: # 4 )
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(9) And finally, at the end of the
day, what is the ROOT CAUSE OF ALL OF
THE ABOVE?
Mr Ladsky et. al. and their aides -
among others, Mr Lanny Silverstone and
Ms Ayesha Salim - deciding that I (and
other leaseholders) would
be made to pay for this (2.4MB): the
CONSTRUCTION OF A PENTHOUSE FLAT, ADDITION
OF THREE OTHER FLATS AND RELATED WORKS
- FOR WHICH WE
ARE NOT LIABLE .
(This pack (2.3MB), as well as this pack (1.1MB) contain key evidential documents. As to the pay-off, it is evidenced by the block sale of flats in the latter part of 2006, beginning of 2007 which, of course, are in addition to the sale of the penthouse flat BGL 54 458 for £3.9 million (US$6.9 million) in December 2005, etc.)

Jefferson House
July 2002 |
|

Jefferson House
September 2005 |
To be more precise:
( PDF
of above diagram - at February 2006)
UNBELIEVABLE! ISN'T IT?
MR LANNY SILVERSTONE, MS AYESHA SALIM,
PIPER SMITH & BASHAM, MR STAN GALLAGHER, THE LAW SOCIETY AND THE LEGAL SERVICES
OMBUDSMAN CAUSED ME TO DEVELOP THIS WEBSITE.
THIS OUTCOME IS OF THEIR OWN DOING .
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