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The English injustice system... in the residential leasehold sector

Wandsworth County Court - 2004

 

Introduction

(NB: Wandsworth County Court (WCC) is also covered in:

Having gone through 20 months of absolute, sheer utter hell with West London County Court, what I can only descibe as the extremely cruel, vicious, perverse, sadistic, barbaric treatment continued with Wandsworth County Court in June-July 2004.

In addition to the questions I ask in this section - for the reasons contained in this section - I ALSO ASK :

WHAT led the WCC judges and court staff – to conclude that they were exempt from compliance with my rights under the European Convention on Human Rights, comprised under the Human Rights Act 1998 “to be treated fairly and with dignity by the court and without prejudice” (Equality and Human Rights Commission (government website http://www.equalityhumanrights.com/fairer-britain))...

… in particular: Article 3 which “prohibits inhuman or degrading treatment” ; Article 14 “Right to not be discriminated against” - by subjecting me to ongoing mental torture by falsely telling me that I was the Defendant in a trial, and by treating me in an arrogant, condescending, patronizing manner, like a piece of dirt, and as though I were an imbecile and illiterate idiot.?

 

Sections

(1) Continuing WLCC's mental torture

Thanks to what I view - considering events up to then (and subsequently in 2007-08), as collusion between WLCC and Andrew Ladsky et.al. (who had the FRAUDULENT 22 November 2002 claim, ref WL203537, filed against me and 10 of my fellow leaseholders (WLCC # 2 , # 4 , # 6 , # 8 , # 9 , # 10 , # 11 , # 12 , # 13 ; see also Pridie Brewster #18)) - ...

...I was made to miss the 28 May 2004 hearing - which resulted in Ayesha Salim, CKFT, being free to spin her story to District Judge Madge who, in spite of being told by Salim that she accepted my draft Consent Order, nonetheless opted to give her a freebie by issuing a 28 May 2004 Order (posted 2nd class on 8 June) that the action against me be "STAYED". (WLCC # 13 ; Lord Falconer # 3 , # 4 ; CKFT # 4 - for detail of events)

The hearing was followed by a 9 June 2004 Notice - identifying me as the "Defendant" - stating "As a result of an order made on 28 May 2004, this claim has been transferred to the (sic) Wandsworth County Court for listing for trial before Circuit Judge' - and giving NO OTHER DETAIL (WLCC # 14 ; Falconer # 4 , # 5.1)

I could not believe my eyes. How could I possibly end-up in a trial given that I had agreed a consent order with 'Steel Services' (SS) =Ladsky et.al. through their puppet solicitor, Ayesha Salim, CKFT?

But, the total lack of detail in the 9 June 2004 Notice, combined with the fact that (1) I had 'very conveniently' been made to miss the 28 May 2004 hearing; (2) the 28 May 2004 Order stated that the action against me was "stayed" - meant that I WAS TOTALLY IN THE DARK.

As detailed under WLCC # 14, I frantically tried to determine by means of phone calls and letters to WLCC why this Notice had been sent to me, challenging it by saying that I had agreed a consent order - and the court knew this (Falconer # 4).

One month POST the WLCC 9 June 2004 Notice, and the mental torture was continuing as I did not know what had been said at the 28 May 2004 hearing, and therefore what was behind the Notice. Indeed, one month after receiving my 4 June 2004 application for the tape of the hearing - WLCC sent the WRONG tape to my selected transcribing company (Falconer # 5.3)

Being forced to use-up, yet more of my precious spare time, I also sent an 8 July 2004 letter to the WCC Court Manager, relating events, including stating, among other:

“As you can see form the enclosed, in its Notice of Transfer of Proceedings’, dated 9 June 2004, West London County Court states “To all parties – As a result of an order made on 28 May 2004, this claim has been transferred to the Wandsworth County Court for listing for trial before Circuit Judge” In my letter to West London County Court, dated 20 June 2004, (see enclosed) I pointed out that “There is no explanation whatsoever as to what the statement “listing for trial before Circuit Judge” refers to. What hearing? Why? For what? When?” Can you please reply to my questions by return of post. I am absolutely sick with worry. I do not understand what is happening”

.On my challenging that, after yet more days of mental torture, I was told that the trial did not concern me – and, in the process, was treated like an illiterate idiot.

Five weeks into the ongoing mental torture, distress and torment, on 19 July 2004, a court staff phoned me from Wandsworth County Court - in response to my 8 July 2004 letter - and said "You are the Defendant in the trial scheduled for 17 August 2004"

I challenged him by saying that it was impossible as, through CKFT, I had agreed a consent order with SS - which had been endorsed by Wandsworth County Court on 1 July 2004. He said that he would phone me back within the next 30 minutes - which he did. At this point, he told me that the court had NOT kept a copy of the consent order (NB!!!), and asked me to fax him a copy.

I captured this conversation in a fax to the court staff, dated 19 July 2004. I also asked him to confirm, in writing, whether or not the 17 August 2004 trial concerned me, stating:  

"If so, please provide directions as none were supplied in the 9 June 2004 'Notice of Transfer of Proceedings' - and those listed in West London County Court 'General Form of Judgment or Order' dated 28 May 2004 - under points 1, 2, 3 and 5 appear to only relate to Defendant #5"

WHAT led the WCC staff to conclude that they could subject me to ongoing mental torture by - wrongly – and repeatedly telling me that I was the defendant in the WLCC 9 June 2004 Notice - in spite of having absolute knowledge, from my communications, that I had agreed a Consent Order with SS?

Still in the dark, and in continuing terrible distress and anguish as to whether or not I was the defendant in a trial due to take place in three weeks time...

...on 22 July 2004 I wrote to the District Judge, Wandsworth County Court. In this letter I stated:

"I explained [to the court staff] that I was in a state of terrible anguish and distress as I did not understand what was going on.   He promised to send me a letter confirming whether or not the 17 August trial concerned me.  

At the date of writing - i.e. 4 days later - I have not received communication of any kind from your Court.

If the trial does concern me, then I have not been provided with any instructions whatsoever .   

As you can see from the attached 'General form of judgment or order' from West London County Court dated 28 May 2004 the instructions under points 1, 2, 3 and 5 refer to Defendant # 5.

I also stated that

"I totally disagree with the order captured under point #4 that the claim against me be "stayed" "

•  In this letter, I also wrote:

"Having fallen victim to an unscrupulous landlord, I have then been subjected to the most appalling treatment by the Courts which I can only describe as amounting to cruelty, persecution and sadism:

if this communication that the 17 August trial does not concern me (and it seems to me that it does not) it will be the third time that I am told to respond to a Court action that does not concern me. nobody even bothers to reply to my letters making me endure the most awful anguish, distress and torment.

I also supplied 8 supporting documents to my letter.

Hence, of particular note: in spite of my several communications to WLCC (WLCC # 14) and to WCC challenging the fact that I was a defendant in a trial in WCC – which had resulted in MY BEING CONFIRMED that “I was the defendant in the trial” – I was left with this belief for a total of SEVEN WEEKS. This amounts to (continuation) of very sick cruelty, persecution and sadism.

It finally led to an arrogant, insulting reply, dated 23 July 2004, that the trial did not concern me – and, of course: NO APOLOGY!:

"You are not required to attend the hearing on the 17th August 2004 as your case has now settled ( sic). Part 5 of the order of 28 May 2004 states that it is the claim against the 5th defendant that was to be listed".  

WHAT led the WCC - and WLCC - judges and staff to conclude that they should keep me in a state of horrendous mental torture for a total of 7 weeks - as, in spite of my several letters (20 Jun 04; 8 Jul 04-WLCC; 8 Jul 04-WCC; 19 Jul 04; 22 Jul 04), I was only informed that I was “not the defendant in the 17 August 2004 trial” - in a note dated 23 July 2004?

This was followed by a confirmation dated 28 July 2004.

“Your letter of 8/7/04 has been placed before Her Honour Judge Knowles for attention" (NB = nearly 20 days later)…”

The rest of the letter is as arrogant, insulting and condescending as the 23 July 2004 note.

In both these correspondences: not only do I not even get an apology from the court, it attempts to cover-up what it and WLCC had done - by treating me like an illiterate idiot. (And of course: same treatment from the Court Service!)

WHAT led the WLCC and WCC staff to conclude that, following issuing the 9 June 2004 Notice, they had free rein to talk to me in an extremely arrogant, patronizing, condescending tone - and evidently enjoy my anguish and distress?

WHAT led the WCC judges to conclude that they could cover-up what had happened by treating me like an illiterate idiot, and a piece of dirt, in their correspondence of 23 July 2004 and 28 July 2004?

WHAT led the WCC judges and staff to conclude that they could overlook their duty – imposed by CPR Part 1 Overriding Objective - Rule 1.4(1) “The court must further the overriding objective by actively managing cases”

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(2) The evidence suggests that the 5th Defendant was also 'crucified' by the courts

I received from Wandsworth County Court a 'General form of Judgement or Order' dated 2 August 2004. It states:

(1) It is ordered that the 5th Defendant do pay the Claimant the sum of £4,538.29 (US$8,000) being the balance of the sums claimed, by 16 August 2004

(2) The 5th Defendant do pay the Claimant's costs of these proceedings to be detailed assessed if not agreed

(3) The 5th Defendant do pay the sum of £548.04 (US$970) to the Claimant being the interest due on the sums claimed"

So, the 5th Defendant 'caved in' and, as suggested by the evidence: was SERIOUSLY RIPPED -OFF like other leaseholders (WLCC # 6), as:

(i) following the hearing on 26 August 2003 , the 5th Defendant agreed to pay the sum of £8,839.36 (US$15,600) (this is captured in the 26 August 2003 Order);  

(ii) the original sum demanded of the 5th Defendant for "Major Works Contribution" was £15,637.02 (US$27,600).

So much for the London LVT findings, and my bringing them to the attention of District Judge Ashworth in my 22 July 2004 letter

" The issues relating to the claim have been dealt with by the Leasehold Valuation Tribunal in an identical claim which Steel Services pursued concurrently with its claim in the Court" (NB: Note that I was, yet again, bringing the abuse of process of court to the attention of a judge - WLCC # 2 , # 4 , # 5 , # 8) "The LVT issued its determination on 17 June 2003" (London LVT # 4,  # 6 , # 7)

"I provided a copy of the report to the Court, as well as a copy of my surveyor's 31 July 2003 assessment of the LVT determination. My letters to West London County Court of 22 June 2003, 15 July 2003 and 9 August 2003 provide comprehensive details"

and 'SS' NOT being entitled to charge leaseholders differentially (WLCC # 5 , # 6 , # 8 , # 9 , # 10 , # 12 , # 13 ; Pridie Brewster # 18)

See Lord Falconer of Thoroton # 5.1 for the reply from the Court Service

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(3) At the end of the day, what is the ROOT CAUSE FOR ALL THAT TOOK PLACE?

Ladsky et. al. and their aides deciding that I (and fellow leaseholders) would be made to pay for 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.

In October 2007, the selling price was £6,500,000 (US$11.5 millions)

Jefferson House July 2002

 

Jefferson House September 2005

 

To be more precise:

( PDF of above diagram - at February 2006)

UNBELIEVABLE! ISN'T IT?

THE WLCC JUDGES AND COURT MANAGERS, LORD FALCONER OF THOROTON, CAWDERY KAYE FIREMAN & TAYLOR, STAN GALLAGHER, PIPER SMITH & BASHAM, THE LAW SOCIETY, THE BAR COUNCIL, MARTIN RUSSELL JONES, THE ROYAL INSTITUTION OF CHARTERED SURVEYORS, ETC., CAUSED ME TO DEVELOP THIS WEBSITE.

THIS OUTCOME IS OF THEIR OWN DOING

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