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This
section contains: my 'layperson' definition
of some of the terms used in this website;
dictionary definition of words; extracts
from legislation, codes of conduct and
my lease - on which I have
based my position
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Abbreviations / Definitions - (Under Ongoing development)
This section comprises of:
1. Abbreviations used on the site
2. Definition of
terms: freehold; leasehold; forfeiture
3. Definition of
words from dictionaries and
charity organisations, followed by examples.
In the case of the word 'breach', the
following legislation, codes of
conduct, as well as my lease are covered:
4. Extracts from
the above are compiled in this section
Abbreviations
BC |
Bar Council (Member: Mr Stan Gallagher) |
BGA |
Brian
Gale Associates, Mr Andrew Ladsky's
surveyor |
BM |
Mr Barrie
Robert Martin, FRICS (Fellow of the
Royal Institution of Chartered Surveyors),
Martin Russell Jones
'Surfaces' when Ms Joan Hathaway
needs 'assistance'. |
BVI |
British
Virgin Islands Financial Services |
CKFT |
Cawdery
Kaye Fireman & Taylor, solicitors
acting for 'Steel Services' (Advisors to Jefferson House ; Headlessors ; Freehold ownership ; Owners identity ) - Contacts: Mr Lanny Silverstone and Ms Ayesha Salim
Has identified Mr Andrew David
Ladsky as its client |
CPR |
Civil
Procedure Rules |
DCA |
Department
for Constitutional Affairs (Subsequently disappeared following the creation of the Ministry of Justice)
Headed by Lord Falconer of Thoroton,
the (then) Lord Chancellor, it (then) covered
the courts, the Legal Services
Ombudsman, the Land Registry, and
other departments. |
FSA |
Financial
Services Authority |
ICAEW |
Institute of Chartered Accountants in England & Wales; member: Pridie Brewster |
JH |
Ms Joan Doreen Hathaway, MRICS (Member of the Royal Institution of Chartered Surveyors), Martin Russell Jones, the main contact for Jefferson House |
K&C |
Kensington & Chelsea council |
L&T [date] |
Landlord & Tenant Acts
|
LGO |
Local Government Ombudsman
Part of the (then) Office of the Deputy Prime Minister (ODPM)
At the time of my dealings with the LGO, it reported to the same minister (Nick Raynsford) who's other responsibilities included, among others, Local Government. (I perceive this situation as amounting to conflict of interest) |
LM |
Ms Lisa Mclean, Legal Assistant, Piper Smith & Basham/Watton
|
LSO |
Legal Services Ombudsman
Part of the (then) Department for Constitutional Affairs (DCA), (then) headed by Lord Falconer of Thoroton |
LVT |
Leasehold Valuation Tribunal
Part of the (then) Office of the Deputy Prime Minister (ODPM) |
MRJ |
Martin Russell Jones, 'managing' agents for Jefferson House since 1989
|
ODPM |
Office of the Deputy Prime Minister - then headed by Mr John Prescott
|
PJ |
Portner and Jaskel , solicitors acting for Rootstock Overseas Corp, Sloan Development and, previously Steel Services (Advisors to Jefferson House ; Headlessors ; Freehold ownership ; Owners identity ) Contacts: Mr Jeremy Hershkorn, Mr Ahmet Jaffer, Mr Daniel Broughton
Has identified Mr Andrew David Ladsky as its client |
PSB |
Piper Smith Basham/Watton - solicitors who were 'supposed' to be acting for me. Contacts: Mr Richard Twyman, Ms Lisa McLean |
OSS |
Office for the Supervision of Solicitors. (It has since been re-badged as Consumer Complaints Service...and more since: My Diary 12 April 2007 ) (Members: Cawdery Kaye Fireman & Taylor ; Piper Smith Basham/Watton , Portner and Jaskel )
(According to an article in the Law Gazette of 3 August 2006 , the Law Society's complaints service spent £29 million (US$51 million) to handle nearly 19,000 complaints over a period of one year) |
Resident H |
Person who was running the Residents Association at Jefferson House until May 2001 |
RICS |
Royal Institution of Chartered Surveyors; members Ms Joan Doreen Hathaway, MRICS, and Mr Barrie Martin, FRICS, Martin Russell Jones ; Mr Brian Gale, MRICS
And TOTALLY unlike these corrupt, evil, morally depraved individuals: my surveyor, Mr Tim Brock, LSM Partners |
S.[number] |
A short-cut for 'section' when referring to a section in an Act |
TRO |
Tenancy Relations Officer - at Kensington & Chelsea Housing department |
WCC |
Wandsworth County Court |
WLCC |
West London County Court 2002-2004 ; West London County Court - Post 2004 |
Definition of terms: freehold, leasehold and
forfeiture
Introduction
The following is a mix of 'my layperson ' definitions
of some terms used in this website, as
well as some extracts from legislation.
Please, refer to the appropriate sources
for the 'official' / expert definition / the
latest version / updates e.g. the
website of Leasehold Advisory Service (LEASE),
a London-based, government funded department
which also publishes free leaflets and guides.
My personal assessment of LEASE (from first-hand
experience) is that, being a government department,
you get the 'party line' (See Mr John Prescott # 5 and # 6 ). However, it demonstrated
good knowledge of legislation. To find out about
the drawbacks / limitations / difficulties in
implementing the legislation, talk to other leaseholders. (Note: At the 22 November 2008 C.A.R.L. AGM, some leaseholders told me that they assessed LEASE as "useless" - My Diary 22 November 2008)
As to various Acts, you can buy them at: TSO Customer Services, TSO, PO Box 29, Norwich NR3 IGN – tel: 0870 600 5522; email: customerservices@tso.co.uk ; www.tsoshop.co.uk. Also at: (1) The Parliamentary Bookshop, 12 Bridge Street, Parliament Square, London SW1A 2JX, tel: 020 7219 3890; (2) Blackwell’s Bookshop email: holborn@blackwell.co.uk, tel: 020 7831 9501.
The problem with these is that they are amended
(at times, in a significant way) through Statutory
Instruments - which are not the easiest things
to find, and can also be superseded by newer
Acts. The only source I know of is the website
for 'The Office of Public Sector Information'. Again,
I would suggest to you that you talk to other
leaseholders.
If you do a search on the Web, you will find
numerous other sources of information on leasehold,
including books. (It is a big industry as there
are c.3 million leaseholders in the United Kingdom
, and it is probably fair to say that the majority
are being abused by landlords and their aides
in one form or another. I give the list of cases
on the websites of the Leasehold Valuation Tribunals
and the Lands Tribunal in support of my claim)
What is freehold?
A freehold property means a property owned in
perpetuity. It is yours to keep for as long as
you live. You can give it to your children, who
can then give to their children, etc.
In other words, it is the system in existence
practically throughout the world.
What is leasehold in the context of a residential
property?
Best summarised as: "A licence to print
money" . (An 'off-the-record' quote made
to me by a Member of Parliament). (I 'think' this MP is one of the 'honourable' ones :-) )
It is the dominant form of tenure for flats
(apartments) in the United Kingdom , principally
England and Wales .
Hence, if you want to live for example in London,
you have very little choice but to buy
a leasehold flat - making you a 'leaseholder' - as relatively few
are 'Commonhold'. (Your other option is a house
(as I understand it, they are generally freehold
properties). Nowadays, you are unlikely
to find one for less than £1
million (US$1.8 million) - at least in
the centre of London).
The leasehold system is an archaic, feudal,
outrageously unfair form of tenure. You need look no further than the umbrella term for the legislation pertaining to it : 'landlord-tenant' to get the message. Unfortunately, it's only once you are in the trap that you notice these things.
Put simply, under a leasehold form of tenure,
you buy the right - from the freehold owner
of the block of flats, or the headlessor (one
level below the freehold owner) (see e.g. the
structure in my block - at February 2006) - to live in the
flat for a given number of years which can
be anything from a few years to 100 years+.
What you pay for is usually equivalent to the
full freehold value of the property - as you
can readily see when you compare the price of
flats in London with the price of flats, for
example, in the major cities in mainland Europe
.
This leads many people, especially foreigners
unfamiliar with the leasehold system, but also
many British people to believe that they actually 'own'
the property. You often hear people say
that they "bought a flat" (as I did). They have
not. They have bought a lease i.e. paid rent
for 'x' number of years in advance.
Those who have the foresight - and perseverance
- to carefully wade their way through the
legal jargon of the terms of the lease
(or contract) (e.g. mine)
(which is different for each block, and
sometimes within a block) will usually
conclude that some, if not many of the
contract terms are highly unfair and unjust.
In fact, many read like a form of 'enslavement'. (Most leaseholders do not tend to read their lease (which can vary greatly), partly due to the frequently convoluted text and partly because they view it as 'something legal, best left in the hands of a solicitor'...more often than not to their demise).
While throughout the term of your lease you
have paid for all the upkeep of the block,
and might even have paid for improvements
/ enhancements to it, at the end of the
term, you have nothing left. That's right:
NOTHING! You end-up with your possessions on
the pavement as the freehold owner / headlessor
regains the property from you and sells the lease
again on the open market - of course, at the
current market price... in a perfect state of
repair and maintenance - as YOU have paid for
all the costs.
And the cycle repeats itself - thereby perpetuating
ownership of property in the hands of relatively
few freeholders. (Huge swathes of central London
are owned by a handful of so-called 'Great Estates'
e.g. Cadogan Estates, owned by the Earl of Cadogan,
the Grosvenor Estates, owned by the Duke of Westminster,
the Crown Estates and those of the Church with
thousands of residential and commercial properties. See My Diary 1 Nov 03 for some brief extracts of 'Who owns Britain?' , as well as well as October 2008 for examples of 'new entrants').
What if you / your children / grand-children
want to stay in the property at the end of the
lease? You have to buy another term on the lease
i.e. you have 'to buy your flat' all over again - at
the current market price.
Whereas in other countries property tends to
be regarded as an investment that grows
in value over time, if you have a leasehold
flat in England and Wales, in effect, your
investment actually depreciates year-on-year
- until it gets to 'zero value'. However,
depending on a number of factors, including
the amount of time left on your lease,
the increase in property prices can still
lead to a significant return on investment
i.e. the lease on the flat can be sold
for more than the purchase price. (Remember
that this is my 'layperson' explanation.
Hence, consult expert, professional sources
for an informed assessment)
Some new legislation (Commonhold and Leasehold
Reform Act 2002) was introduced to, it was claimed
by the government, allow leaseholders to convert
ownership to commonhold i.e. buy their flat's
allocated share of the freehold (same principle
as ownership of flats in other countries). However,
there are so many hurdles to overcome that very
few blocks of flats have been able to take advantage
of it (e.g. The
Guardian , article of 6
August 2005 / press articles). These hurdles are hugely
magnified when dealing with difficult freehold
owners (e.g. see My Diary 11 Nov 06 ; 22 Nov 08)
Clearly emphasising the intention to keep this
highly lucrative form of tenure in place
for the benefit of the freehold and headlease
owners (Sure enough! see My Diary 11 Mar 08) is the fact that there is no compulsion
on developers to build new flats on a commonhold
basis (c.40% of new developments are leasehold).
(For detail, see towards the end of section Mr
John Prescott ; for more recent information: see The Leaseholder, Summer 2008 - Issue 24 on the C.A.R.L. website)
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What is forfeiture?
In its Summer 2004, issue 12, C.A.R.L. ( www.carl.org.uk ) describes forfeiture as...
"...the weapon of mass destruction that bullying landlords use to intimidate leaseholders into paying excessive and often fraudulent service charge demands"
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The first example of this is the 7
October 2002 letter I received from Mr
Lanny Silverstone, Cawdery Kaye Fireman & Taylor (CKFT) - on behalf of his client 'Steel Services' i.e. Mr Andrew Ladsky (CKFT # 1 , # 6.2 ), in which he also threatened to contact my mortgage lender. The intent
to bully, intimidate and coerce is particularly
evident when compared to the letter he
sent 10 days later to
the solicitor of another leaseholder
in my block (CKFT # 6.2 )
The second example is the 16 February 2007 letter from Mr Jeremy Hershkorn, then at Portner and Jaskel - on behalf of 'Rootstock Overseas Corp' i.e. also Mr Andrew Ladsky. Not only does Mr Hershkorn threatens me with forfeiture, he also threatens me with "bankruptcy proceedings... and costs" (Portner # 3 )
What the corrupt, morally depraved Mr Silverstone and Mr Hershkorn were threatening to do was to take the flat
away from me, unless I paid their client monies which were not due and payable. (To add insult to
injury, as I found myself thrown out on the pavement, I would still have had to pay my mortgage
lender any outstanding amount I had borrowed
to buy the lease on my flat).
THE THREAT OF FORFEITURE (and bankruptcy proceedings) = FRAUD TOOL
As C.A.R.L. says (The Leaseholder, Summer 2004-Issue 12 and Spring 2004-Issue 11), forfeiture "is the weapon of mass destruction..." widely - but illegally - used by rogue solicitors e.g. Ms Lisa McLean, Piper Smith Basham/Watton (who was meant to act 'for me'), in spite of having absolute knowledge that the service charge demand was fraudulent (PSB # 7.7 ) - endorsed Mr Lanny Silverstone's letter of 7 October 2002 in her letter to me of 25 September 2003 stating "...it is perfectly legitimate for a landlord or those advising the landlord to threaten forfeiture proceedings for non-payment of service charges" (PSB # 7.19 , # 7.18.5 )
It makes me think of the comment by the Reader of The Times "My father used to say that the mafia never got a foothold in this country because our legal system was more corrupt than they were. Now I know what he meant!" (My Diary 12 Apr 07)
Rule 17.05 - Letters before action, in the Solicitors Code of Conduct states: “When writing a letter of claim a solicitor must not demand anything other than that recoverable under the due process of law” But the inappropriate use of the threat of forfeiture will continue because rogue solicitors have 'carte blanche' to do as they please by their 'professional' association, the Law Society, and by the Legal Services Ombudsman (CKFT # 6.2 , # 7 ; Legal Services Ombudsman # 2 ; Portner and Jaskel # 4 ) - making all these regulations, codes of conduct and legislation just window dressing. HOORAY FOR 'SELF-REGULATION' !
By the way, local councils also use forfeiture e.g. against an 84 year old man
As I understand it, the threshold allowing the
landlord to regain possession of the flat
from a leaseholder is now £350 (US$620). Unbelievably, this
is regarded as an 'improvement' (and has taken
endless hours of debate in the House of Lords
and various other quarters - by people who then
went back to... needless to say, their 'secure'
home).
As can be seen in the Evening
Standard article of 3 December 2003, headed " Left
homeless for £25 " (US$44),
a leaseholder was left homeless because her
landlord, used a landlord's right to forfeit
a lease for non-payment of her £25
(US$44) annual ground rent for her £60,000
(US$106,000) flat. (Apparently, the leaseholder
had sent at least two cheques to the landlord
but he was not cashing them, opting instead
to run along to the 'landlord-friendly' court
to obtain a forfeiture order).
The journalist describes forfeiture as "a
uniquely savage penalty inflicted only on leaseholders" . Here
is a law which, in the case of this leaseholder
gave her landlord the right to get possession
of an asset that was worth 2,400 times the
amount of the alleged debt.
A judge in Liverpool County Court was reported
in the press in 2004 as having thrown out a lender's
demand of £384,000 it claimed had accrued
from an original loan of £5,750 - on the
grounds that it "grossly contravenes principles
of fair dealing" .
Surely, current forfeiture law which
allows recovery of several thousand times the
alleged debt ought to more than qualify as "grossly
contravening principles of fair dealing"
In fact, as reported by C.A.R.L. ,
by having forfeiture on the statute book, the
government appears to be in breach of Article
1 of the European Convention on Human Rights, "Obligation to respect Human Rights" - comprised under the Human Rights Act 1998 .
This is illustrated by the decision in 'Commissioners
of Customs and Excise v. Newbury' ( Times Law
Report, 18 April 2003). In this case, judges
ruled that the attempt by Customs and Excise
to forfeit property in excess of the import duties
owed to it actually breached
Article 1 of the European Convention on Human
Rights.
C.A.R.L. also
views forfeiture as a breach
of Article 3, "Prohibition of torture" since it constitutes inhumane and degrading
treatment (The Leaseholder Spring 2004 Issue 11, on the C.A.R.L. website).
As captured on the home page and under Mr
John Prescott (# 4.3 ), in
2003, Keith Hill, then Housing Minister,
stated, on a BBC
Radio 4 programme, that the Commonhold
and Leasehold Reform Act does not adequately
address the serious problems posed to
leaseholders by the continued presence
of forfeiture on the statute books: "We
didn't probably appreciate quite how
significant this was for some of our
citizens." Oh,
really? (Might
it be because there are no 'citizens'
in this country - only 'subjects'?)
Definition of words - From dictionaries and
charity organisations
To ensure clarity of meaning, I have listed below a significant number of words used on the site, giving the dictionary description (COED = Concise Oxford English Dictionary definition) and followed them by examples that led me to use the words on the site.
A significant proportion of these words are drawn from my complaints : (1) to the Law Society against Cawdery Kaye Fireman & Taylor (on 20 December 2004) and Piper Smith Basham (on 16 March 2004); (2) to the Royal Institution of Chartered Surveyors against Martin Russell Jones (1.1MB) (on 2 February 2005); (3) to the Bar Council against Mr Stan Gallagher (on 5 April 2004)
The word 'breach' is used on numerous occasions and relates to the section of an Act / code of conduct, or a Clause in my lease. In these instances the name of the Act / code of conduct / the word 'My lease' links to the last part of this section 'Extracts from legislation, codes of conduct and my lease' that comprises of more comprehensive extracts
PLEASE NOTE that:
Neither Cawdery Kaye Fireman & Taylor nor Martin Russell Jones have come back to me since my complaint i.e. they have not refuted the content of my complaint. See Piper Smith Basham and Mr Gallagher for their replies.
In its 3 May 2006 reply to my letter of 30 April 2006 (1.1MB) Portner and Jaskel did NOT address a single point in my letter. Please note that, in this letter, I stated for example that its client (which I knew to be Mr Andrew Ladsky) had committed a criminal offence against me (under Section 10 (A) of the Landlord & Tenant Act 1987). Indeed, Portner and Jaskel wrote: “…your letter is irrelevant in places, misguided in others and incorrect in parts…”. In 'typical style', when I filed a complaint with the Law Society against Portner and Jaskel, it returned a verdict of "no malpractice" (Portner # 4 )
Throughout the site (probably in excess of 40 times) , I have emphasised that I am NOT a lawyer e.g. Home page # 4.18 , # 7 , # 17 ; Home page to 'Lawyers, courts & Legal Services Ombudsman' # 5 ; Cawdery Kaye Fireman & Taylor # 6 , # 8 ; Martin Russell Jones # 13 , # 14 , # 24 ; Pridie Brewster # 21 , etc. In addition, when unclear, I write "it seems to me" e.g.re Laytons (under 'Notices by landlord' ) ; My Diary 18 February 2006, in relation to the so-called "notice of first refusal" sent to me by Portner and Jaskel
Against that, as stated on the home page to the site (# 15 ) : I TOO HAVE THE RIGHT TO BE HEARD
(*) Article 10 of the European Convention on Human Rights "Right to freedom of expression" - comprised under the Human Rights Act 1998; Defamation Act 1996 : Qualified privilege; Common law privilege ) |
Abuse |
COED
- "Treat with cruelty or
violence" |
Examples
|
Used
by a leaseholder in the block to
describe Mr Ladsky, in her letter
to me of 1
November 2002
My perception that West London County Court and Wandsworth County Court have assisted 'Steel Services' in abusing Jefferson House's leaseholders by turning a 'blind eye and a deaf ear' to the evidence supplied against the claim WL203537, and associated Particulars of claim (1.1MB), as well as breaches of legislation (WLCC # 1 , # 2 , # 3 , # 4 )
My perception that the Leasehold Valuation Tribunal has, likewise done the same thing by, among others: (1) wilfully failing to perform its remit ( # 6 , # 7 ); (2) in spite of its very damning report, LVT/SC/007/120/02, (3) agreeing to Cawdery Kaye Fireman & Taylor's request for a hearing following my 20C application (# 5 , # 9 ) ; (4) failing to inform all the leaseholders of the application by 'Steel Services' ( # 10.2 ) ; (5) failing to copy "some" leaseholders on key elements of the application ( # 8.1.4 ; # 10.3 )
My perception that
the Land Registry endorses
abuse of leaseholders by landlords
by registering title in complete
disregard of the impact on the lease - and refuses to take
action when brought to its attention (My Diary 28
March 2006 )
The 'carte blanche' handed
to landlords and their aides by the
government, partly through / non-implementation of legislation (see e.g. Mr John Prescott # 4 and sub-points; # 5 , # 6 ),
and partly by having absolutely nothing
in place to help leaseholders who
fall victim of abusive landlords
and their aides - in spite of the claims to the contrary (see Mr John Prescott # 1 and sub-points ; # 2 and sub-points)
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Arrogant |
COED
- "Having an exaggerated
sense of one's own importance or
abilities" |
Examples |
Portner and Jaskel’s 10 February 2006 so-called “S.5 L&T 1987 Notice of first refusal” is fraudulent as it FALSELY claimed that 'Steel Services' was still the Lessor for the whole of Jefferson House at the time - when, in fact, six week previously, 'Steel Services' had disposed of its headlease interest to Lavagna Enterprises, thereby losing control of the last floor of Jefferson House - and becoming a lessee of Lavagna Enterprises (Headlessors ; Owners identity). (The 10 February 2006 "notice" is a carbon copy of previous notices when 'Steel Services' was the headlessor for the whole block (e.g. 13 December 2000 "notice" ; # 2 - 13 December 2000"Notice by landlord"). Nonetheless, Mr Daniel Broughton, Portner and Jaskel, repeated the lie twice during the notice period – as summarised in my 30 April 2006 letter to Mr Broughton - see Portner # 1 ; # 3 - 10 February 2006 bogus "Notice by landlord" ; Property Misdescriptions Act 1991
My guess that Mr Andrew Ladsky was the instigator of this malicious, vicious act also proved to be right as Portner and Jaskel helpfully confirmed this in its (libellous, scurrilous) 3 October 2006 letter to my then ISP - PLUS the 'standard' Law Society's reply of 30 March 2007 to my 28 February 2007 complaint that Portner "Acted on the instructions of their client" - Portner # 5.1
What fuels this arrogance? Portner's knowledge that it has carte blanche from its 'professional' association, the Law Society, to do exactly as it pleases (Portner # 4 and # 5)
The
court service charter allowing courts
10 days to reply to correspondence
while "courts are only required to give five
working days notice of a hearing
date"
Every other government department I have approached for assistance during my horrendous nightmare experience since 2002 e.g. Kensington & Chelsea Council, the Local government Ombudsman, the Court Service
All the so-called 'regulatory bodies' I have approached with a complaint against one of their members: legal sector, the RICS, the ICAEW...
...as well as their members e.g. Piper Smith Basham's response following what I view - considering events by then - as my very generous letter of 2 December 2003 letter to its Managing Partner and Complaint Officer ( PSB # 3 and its subsequent replies ) |
Assault |
COED
- "Law - An act that threatens
physical harm to a person, whether
or not actual harm is done" |
Examples |
Being
pushed in the corridor by Mr Ladsky
on 26
February 2002 |
Bias |
COED
- "Inclination or prejudice for or
against one thing or person" |
Examples |
My view of Mr Gallagher's assessment of my position - as I captured under point 135 of my 29 August 2004 reply (see also 'Breach' Bar Council Code of Conduct)
Government departments
having ears only for a member of
their own 'tribe' - at the expense
of the leaseholders / consumers, in the process
implying that we are all liars, and / or imbeciles when putting forward evidence of breach statutory rights / malpractice e.g.
The LVT taking
only notice of the correspondence
from Ms Hathaway e.g. her 8
October 2002 fax, 'her' 20
January 2003 letter - while
ignoring all of my correspondence
and that of numerous other leaseholders ( # 8.1 , # 8.1.2 , # 8.1.3 ) ,
as well as what we had all reported
at the 29 October 2002 pre-trial
hearing ( # 1 , # 10.3 )
My view of events in West London County Court and Wandsworth County Court that they, in effect, let Cawdery Kaye Fireman & Taylor 'run the show' (My 29 June 2004 letter to Lord Falconer )
The judge in West London County Court I view as 'falling over backwards' to be of assistance to Ms Ayesha Salim -while admitting that he had not read the skeleton argument. And, very clearly, nor had he read any of the file (Lord Falconer # 3 )
Reported by other leaseholders, as well as by the press (Lord Falconer # 4 )
My view of the Legal Services Ombudsman's handling of my complaints against the Law Society (# 2 , # 3 ), and the Bar Council ( # 4 ), as well as # 5 and # 6
My view of the Local Government Ombudsman's handling of my complaint against Kensington & Chelsea housing, and of the central housing department as being heavily biased towards landlords
The view I now also hold of the police following my first-hand experience (see also My Diary 22 July 2005) |
Blackmail |
Definition
sourced from four different English
dictionaries, as well as the website
of charity organisations who deal
with this particular issue:
- “To exact or attempt
to exact (money or anything of
value) from (a person) by threats
or intimidation”;
- “The exertion of pressure
or threats, esp. unfairly, in
an attempt to influence someone’s
actions”;
- “The act of making
others do what one wants through
fear”;
- “Being made to feel
afraid or timid"
Under the Theft Act 1968, section 21 - "Blackmail", blackmail is a criminal offence |
Examples |
My - non-lawyer - assessment of the conduct of all of the following who did this with the objective of making me pay monies not due and payable:
West London County Court that, in 2007, falsely claimed that I had filed a counterclaim; demanded I pay £1,700 and gave me three working days to do this - and subsequently, with the assistance of Her Majesty Court Service, attempted to cover it through deceit - point # 18 my complaint to the Court Service , point # 19 repeating the main points in my complaint, point # 23 and point # 22 highlighting the deceit and cover-up by WLCC and the Court Service
West London County Court's actions in 2002 - 2004 that pursued the claim against me (and 10 other leaseholders - representing in total 14 flats) in the full knowledge that: (1) an abuse of process of court was taking place ; (2) the Particulars of claim were false; (3) proceeded to issue judgement/s against some of my fellow leaseholders - before the LVT issued its determination ; (4) to the very end, ignored my repeated claim that 'Steel Services' had not implemented the 17 June 2003 LVT determination
Among others, Cawdery Kaye Fireman & Taylor drew-up the - FALSE - claim against me and 10 other leaseholders - representing 14 flats - when, one month previously, during the 29 October 2002 pre-trial tribunal we, the leaseholders, had been told to NOT pay until the tribunal had issued its determination and it had been implemented. In support of this, we were given a leaflet which, on page 5 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"
Among others, CKFT's client, Mr Andrew Ladsky, and Ms Hathaway were in attendance at this pre-trial hearing. One month later, Ms Hathaway filed the claim in West London County - under a Statement of Truth (1.1MB) (As she is the managing agent, it amounts to a very serious breach of Civil Procedure Rules by West London County Court - point # 23 ) Mr Jeremy Hershkorn, Portner and Jaskel who, in February 2007 - acting for Mr Andrew Ladsky, threatened me with bankruptcy proceeding and taking the flat away from me, as well as Mr Ahmet Jaffer who took over from Mr Hershkorn - point # 3 and point # 15 , point # 16 , point # 17 , point # 23
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor e.g. point # 1 threatening to forfeit my lease and, on top of this, on behalf of a company that did not exist, point # 3 filing a fraudulent claim against me (and 10 other leaseholders) - and committing an abuse of process of court in the process , point # 5 a series of threatening letters, point # 6.2
Ms Lisa McLean and Mr Richard Twyman, Piper Smith Basham (now Piper Smith Watton) e.g.point # 7 evidently deciding with CKFT that they would force me to strike a deal, point # 7.2 falsely claiming I had seen the reply they sent to CKFT, point # 7.3 contrary to what had been agreed, agreeing to the payment of interest , point # 7.6 placing emphasis on threats instead of giving me a balanced opinion, point # 7.7 changing position to assist the scam, point # 7.9.2 my view that there was a shared understanding between Piper Smith Basham, Mr Stan Gallagher, CKFT and Martin Russell Jones that another - equally fraudulent service charge demand would be sent, point 7.11 engineering the situation to limit my ability to input into the reply, point 7.12 leading me to relinquish on my objective of getting my costs back from 'Steel Services'
The Law Society for England and Wales rejected my complaint against the above three firms : Portner and Jaskel, Cawdery Kaye Fireman & Taylor, Piper Smith Basham (now Piper Smith Watton)
And the Legal Services Ombudsman rejected my complaint against the Law Society for its handling of my complaint against Piper Smith Basham and Cawdery Kay Fireman & Taylor
Mr Gallagher who, at the time of the 'offer', repeatedly brandished the threat of "costs" in my face as a means of bullying me into accepting the 'offer' (I will not add 'allegedly' as it is glaringly obvious that this was the intention) (Mr Gallagher # 3.a.4 ) , and continued to do so in his initial reply of 9 June 2004 (I counted 10 instances in his 29 page reply) leading me to ask (point 67, 29 August 2004 ) "Mr Gallagher wants me to believe that, with this body of evidence, the odds were against me? Was Mr Gallagher acting for me or the other side?" (Of course, he challenged my statement in his 11 October 2004 reply) (Mr Gallagher # 5.1 ) (See also 'Breach' Bar Council Code of Conduct)
Of course, the Bar Council rejected my complaint against Mr Gallagher, and the Legal Services Ombudsman rejected my complaint against the Bar Council
For instances of blackmail by Ms Joan Hathaway and Mr Barrie Martin, Martin Russell Jones: they are endless
See also below:
'Breach': Criminal Justice Act & Public Order Act 1994 - Section 4A
'Breach': Malicious Communications Act 1988
'Breach': Protection from Harassment Act 1997
Bullying , Coerce , Intimidate ; Torment ; Treatment - Medical |
Breach |
COED
- "The act of breaking a
law, agreement, or code of conduct" |
Breach |
Administration
of Justice Act 1970 - Section
40 - (1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;. |
Examples
In my 'NON-LAWYER opinion' |
Having previously quoted breach of this Act in some of my documents, as well as listed examples in this section, going through the Act again has led me to change my mind as it refers to "debt due under a contract".
ALL my challenges of the service charge demands stem from non-compliance with my lease, statutory rights, non-provision of information, etc. - as listed e.g. in my 3 June 2008 Witness Statement. Hence, the alleged debts were NOT due
THE COURTS CLAIMS = FRAUD TOOLS |
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Breach |
Bar
Council Code of Conduct - 303
(a) - "A
barrister must promote and
protect fearlessly...by...all
lawful means the lay client's
best interest...without
regard to his own interests..." |
Examples
In my 'NON-LAWYER opinion' |
THE COURTS CLAIMS = FRAUD TOOLS
Mr Stan Gallagher endorsed Cawdery Kaye Fireman & Taylor's position, and consequently that of Mr Andrew Ladsky, that the sum demanded for the "major works" was an "interim demand" - in spite of being provided with 'black on white' evidence to the contrary (Mr Gallagher # 1.3 , # 1.4 ) Under point 67 of my 25 March 2005 reply to the Bar Council, I pointed that Mr Gallagher (and Cawdery Kaye Fireman & Taylor were "alone in their interpretation of my lease" as I had obtained an opinion from "several other lawyers" (Mr Gallagher # 2.2 )
Under point 68 of my 25 March 2005 reply to the Bar Council's decision of 27 January 2005, I highlighted my disbelief at Mr Gallagher's endorsement of breach of covenants in my lease, and of my statutory rights under the Landlord & Tenant Act 1985 Section 21, as well as Section 25 - as he was of the view that "Similarly, adding conditions for the disclosure of the accounts. can only complicate matters further and jeopardise the prospects of compromising the claim on realistic terms" (his email of 12 November 2003) (Mr Gallagher # 2 , # 2.1 ) (Like me, Kensington & Chelsea Housing viewed non-performance as a breach of my statutory rights, including amounting to committing a criminal offence: K&C # 2 )
Mr Gallagher ignored the fact that the service charge demand of 15 July 2002 (invoice 17 July 2002 ) breached several covenants in my lease e.g. Clause 2(2)(f) ; Clause 2(2)(g)(i) ; Clause (2)(2)(j) . This is evidenced by the fact that in the Notice of Acceptance, the sum total of his comments about my lease were: "The absence of due compliance with the service charge certification provisions prescribed by the lease" (Mr Gallagher # 1.6 , # 2 ; # 3.e.2 , # 7.1 )
To my subsequently challenging him on this point, he replied ( point 55, 9 June 2004 ) "the more vaguely this argument is presented, the better". To which my reply (point 123, 29 August 2004 ) was "For whom?" (Mr Gallagher # 1.6 , # 2.1 ; # 2.2 )
Mr Gallagher continued to endorse 'Steel Services' breaches of not only my lease and my statutory rights, but also of what I consider as outright abuse of my most basic rights by stating (point 3(3) of his 11 October 2004 reply): "landlord's apparent breaches of the service charge accounting are not matters that negate a contractual obligation to pay service charges" (Mr Gallagher # 2.1 )
In addition to ignoring my lease, Mr Gallagher also turned a 'blind eye and a deaf ear' to the 17 June 2003, LVT/SC/007/120/02 determination by the tribunal (ref #992 on the LVT database), as the sum total of his comment in the Notice of Acceptance was: "...your client=s claim, as adjusted to take account of the LVT=s determination remains proceedings." Therefore, among others, Mr Gallagher made no reference to the fact that the lack/insufficient specification had not been addressed. (Mr Gallagher # 5.1 , # 7 )
Further evidence that Mr Gallagher turned a 'blind eye and a deaf' to the LVT determination :
- (1) in his initial reply (point
21, 9 June 2004 ) to my complaint, Mr Gallagher described the LVT determination as a '"mix bag"
- (2) my reply (point 72, 29 August 2004 : "Given that the LVT determination is the crucial element in the resolution of the dispute, isn't it rather telling that, out of his 29 page reply, it is the only comment that Mr Gallagher has made about the LVT determination? " (Mr Gallagher # 3 (a) ; # 3.a.1 )
- (3) This led Mr Gallagher to change 'his tune' as, in his subsequent reply of 11 October 2004 , he wrote point 4(1)) : "At the time I did not consider that the course of the proceedings before the LVT was likely to carry much, if any, weight on the question of costs in the county court proceedings"
- Please note the "At the time". In other words, in Mr Gallagher's eyes a reduction of £500,000 (US$882,000) of the sum demanded (inc. the contingency fund) "is not likely to carry much, if any weight on the court proceedings" (Mr Gallagher # 3.a.2 , # 3.a.3 )
- He 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)
- "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 )
- (4) Yet , at the time of the 'offer', Mr Gallagher had repeatedly been brandishing the threat of "costs" in my face as a means of bullying me into accepting the 'offer' (I will not add 'allegedly' as it is glaringly obvious) (Mr Gallagher # 3.a.4 , # 4.1 ) , and had continued to do so in his initial reply of 9 June 2004 (I counted 10 instances in his 29 page reply) leading me to ask (point 67, 29 August 2004 ) "Mr Gallagher wants me to believe that, with this body of evidence, the odds were against me? Was Mr Gallagher acting for me or the other side?" (Of course, he challenged my statement in his 11 October 2004 reply) (Mr Gallagher # 5.1 ) (I continued making this claim - because that is what I believe the evidence demonstrates - Mr Gallagher # 15 , # 19)
Mr Gallagher also changed 'his tune' in relation to his assessment of the so-called "Notice" issued by Martin Russell Jones i.e. Mr Ladsky et. al. as, under point
3(2) of his 11 October 2004 reply that, at the time of the offer he had "concluded that the landlord had substantially complied with the statutory consultation procedure" while, previously, under point 58 of his 9 June 2004 reply, he wrote:
"The acceptance letter did not include a reference to the inadequate specifications of the major works there was no need to get into a criticism of the inadequate way in which the works had been specified or tendered"
In addition to viewing Mr Gallagher's 11 October 2004 reply as an attempt to 'recover' from his 9 June 2004 'mistake' (triggered by my subsequent reply of 29 August), I also view him as having a rather unique interpretation of S.20 requirements - and this Lands Tribunal case (website printscreen) - which is very similar to mine - adds support to my view
Please note that in her 3 October 2003 letter to me (i.e. before the 28 October meeting), Ms McLean wrote "We had also discussed CKFT to prepare proper specification so that the items that were insufficient could be properly detailed...I accept that you had asked repeatedly for the specification. Where does this point take us now?" (PSB # 7.7 )
Mr Gallagher held against me the fact that I had "refused opportunities" to strike a deal with Mr Ladsky et. al. Hence, Mr Gallagher held against me
- (1) the fact that I had obeyed (for as long as I could) the direction given to me at the 29 October 2002 pre-trial hearing to NOT pay the service charge demand until the tribunal had issued its determination - and it had been implemented - in line with statutory requirements and the terms of my lease (Mr Gallagher # 3.e.1 , # 3.f.1 ) (Mr Gallagher took pains to emphasise that he was writing a book on LVTs i.e. to communicate that he is an 'expert' on the subject # 3.f.2 , # 12 )
- (2) the fact I have strong moral principles that prevented me from being treated differently from the other lessees i.e. striking a deal on terms other than those specified in my lease (Mr Gallagher # 3.e.2 )
In his reply to the 'offer', Mr Gallagher ignored the fact that the lease supplied with the 22 November 2002, WL 203537 claim (1.1MB) against me - 'apparently' for flat 23 - is materially very different from my lease in relation to Clause (2)(2)(c)(i) as it states "the amount of service charge payable is to be determined by and at the sole discretion of the lessor". My lease most definitely does not contain this outrageous contract term under the same numbered Clause. Hence, it amounts to making materially untrue claims to the court as to my contractual obligations. (Mr Gallagher # 1.1 , # 9 , # 7.1 )
As a result of my pointing this out in my 17 December 2002 defence to the claim - SIX WEEKS LATER (and therefore nearly two months after filing the claim) - in his 23 January 2003 letter, Mr Lanny Silverstone asked me to supply a copy of my lease. (I did) (see CKFT # 6.7 ; MRJ # 22 ; WLCC # 3 )
As I captured under point 52 of 25 March 2005 letter to the Bar Council, in relation to Mr Gallagher boasting that the reply had been accepted: "He just said 'amen' to everything [in the offer]. Of course his reply was received was open arms" (Mr Gallagher # 11 ) and it certainly was! (My Diary Latter part of November 2003)
The reply did not reflect what had been agreed at the 28 October 2003 meeting (Mr Gallagher # 7 , # 8). In addition, my 'advisers' did not evidently consider breaches of covenants in my lease, of my rights under several Acts, etc. qualifying as sufficient reasons to challenge the 'offer' (Mr Gallagher # 9 , # 15 )
At the end of the day: Mr Gallagher (# 13 ), the Bar Council (Mr Gallagher # 16 ) and the Legal Services Ombudsman ( # 4 ) (Mr Gallagher # 17 ) disagreed with me that I had a valid complaint against Mr Gallagher - and, at the 'very end of the day', came up with the 'piece de resistance' that "Mr Gallagher's involvement concerned a time frame of only about three weeks" (Mr Gallagher # 18 )
In my 25 March 2005 letter to the Bar Council, I drew its attention to this rule in its Code of Conduct, as well as the rules below |
Breach |
Bar
Council Code of Conduct - 303
(b) - "A
barrister owes his primary
duty...to the lay client and
must not permit the intermediary
to limit his discretion as
to how the interests of the
lay client can best be served" |
Examples |
(See above ) |
Breach |
Bar
Council Code of Conduct - 5.
Conduct of work -
5.2 - "A barrister
must assist the court in the
administration of justice...must
not deceive or knowingly or
recklessly mislead the court" |
Examples
In my 'NON-LAWYER opinion' |
I highlighted this rule to the Bar Council under point 26 of my 25 March 2005 reply (Mr Gallagher # 5. 1 ) |
Breach |
Bar Council Code of Conduct - Rule 901 - "Any failure by a barrister to comply with this Code shall constitute professional misconduct" |
Examples
In my 'NON-LAWYER opinion' |
I highlighted this rule to the Bar Council under point 81 of my 25 March 2005 reply (Mr Gallagher # 16 ) |
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Breach |
Courts
and Legal Services Act 1990 - Chapter
41- Section 17 - A solicitor
has a "duty to ensure
the proper and efficient administration
of justice"
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 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" |
Examples
In my 'NON-LAWYER opinion' |
THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
The 16 February 2007 letter from Mr Jeremy Hershkorn, then at Portner and Jaskel, who - acting for Mr Andrew Ladsky - threatened me with "bankruptcy proceedings", forfeiture (taking the flat away from me), and "costs" in the name of "Rootstock Overseas Corp", a company I had never heard of (Portner # 15 ), if I failed to immediately pay £8,937 (US$15,800) (Portner # 3 )
One of Mr Andrew Ladsky's responses to my 25 February 2007 reply asking for clarification was to ask Mr Hershkorn to file a claim against me in West London County Court, on 27 February 2007 (Portner # 6 )
Knowing full well that the claim against me was fraudulent, Portner and Mr Ladsky kept the claim going for 16 months, when Mr Ladsky finally 'threw in the towel' on 6 June 2008 by dropping "ALL of the claim" against me (Portner # 31 ) They therefore ignored my reasons for challenging the claim - with evidence in support - in several documents, starting within 2 months of having the claim filed against me: (1) my 4 April 2007 application contesting the court's jurisdiction (WLCC # 3 ) (sent to Portner on 30 June 2007 - (2) my 3 May 2007 Skeleton Argument (WLCC # 5 ) - which obviously did not fit in with Mr Ladsky's plan, as Portner and Mr Ladsky's barrister, Mr Greg Williams, lied that they had not received mine - Portner # 17
The preceding events to the claim being dropped on 6 June 2008 were:
(1) my 3 June 2008 (74 pg) Witness Statement; (4 pg - Main Points) (Portner # 29)
(2) my letter of 5 June 2008, in response to the 23 May 2008 letter from Mr Ahmet Jaffer in which he suggested having the case transferred 'one level' up, from 'fast track' to 'multi-track'. In my letter, I highlight the main events of the previous 16 months proving that Mr Ladsky and Portner KNEW that the claim was fraudulent - detailed in Portner # 30 )
And further proof that the claim was fraudulent is the outrageous, preposterous excuse given by Portner for dropping the claim in its 11 August 2008 reply to my 22 July 2008 notice "it was found that the demand for ground rent and service charges served by the managing agent had given the incorrect identity and address for the landlord". My response knocking out this preposterous excuse is on page 5, under point 2.2 of my 26 August 2008 reply (key points: Portner # 33)
The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
In my 17 October 2002 reply, I wrote: "2.1 As stated in my (recorded delivery) letters of 11 August 2002 and 16 September 2002 letters to Martin Russell Jones, I require additional information before I can agree to the demand. I have not received a reply...".
Mr Lanny Silverstone's response of 21 October 2002 was "We are sure that Martin Russell Jones will provide you with copies of such information as you are entitled to receive pursuant to section 20 of the Landlord and Tenant Act"
The 20 September 2002 reply to my request for information from Ms Hathaway, MRICS, Martin Russell Jones was: “…we have to require payment by return..if payment is not made now our client, Steel Services will have no alternative other than to instruct solicitors to commence legal proceedings to obtain payment” ( MRJ # 25 , # 26 )
The 29 November 2002 FRAUDULENT claim ( WL 023 537) filed in West London County Court by Cawdery Kaye Fireman & Taylor - FALSELY - stating in the Particulars of Claim (1.1MB) that "[I] have failed to pay the service charges... that they are now due and owing from [me] to the Claimant." and include a 'Statement of Truth' signed by Ms Joan Hathaway, MRICS, Martin Russell Jones which states: "The Claimant believes that the facts stated in this Claim Form are true" (CKFT # 2 , # 3 ) (NB: Endorsement of the witness statement by Ms Hathaway, a 'managing agent' - amounts to a very serious breach of CPR - My Diary 9 March 2007)
The Particulars of claim are FALSE given that:
- the tribunal had, one month previously, specifically told me (and other leaseholders to NOT pay the service charge) (*);
- seven months LATER, the outcome of the 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) was a reduction of nearly 70% (incl. the contingency fund) in the original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (see also LVT # 4 ; Pridie Brewster # 2 , # 3 , # 5 , # 8 , # 10 , # 12 , # 13 , # 17 , # 18 , # 19 , # 20 )
- the service demand breached statutory requirements: L&T 1985 - section 20(3)(a); 20(3)(b); 20(4)(e) - as amply demonstrated by the tribunal's 17 June 2003 determination (Stan Gallagher # 1.7 )
- the demand was in breach of the terms of my lease - Clause 2(2)(c)(ii); 2(2)(e); 2(2)(g)(i); 2(2)(j) (Stan Gallagher # 1.6 )
(*) One month previously, during the 29 October 2002 pre-trial tribunal hearing we, the leaseholders, had specifically been told to NOT pay until the tribunal had issued its determination and it had been implemented. In support of this, we were given a leaflet which, on page 5 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" (LVT # 1 )
Among others, CKFT's client, Mr Andrew Ladsky, and Ms Joan Hathaway, MRICS, Martin Russell Jones, were in attendance at this pre-trial hearing.
In my 17 October 2002 letter I asked "Are you aware that Steel Services has applied to the Leasehold Valuation Tribunal for determination of the reasonableness of the charge for the major works?" In his 21 October 2002 letter, Mr Lanny Silverstone wrote: "We are aware that Steel Services has applied to the Leasehold Valuation Tribunal" (CKFT # 2 )
Furthermore, to further assist its client's fraudulent objectives, with the claim, CKFT also provided a copy of the lease 'apparently' for flat 23 claiming that it is representative of my lease. This is NOT true, as it is materially different from my lease in relation to Clause (2)(2)(c)(i). Hence, it amounts to making materially untrue claims to the court as to my contractual obligations. As a result of my pointing this out in my 17 December 2002 defence to the claim - SIX WEEKS LATER (and therefore nearly two months after filing the claim) - in his 23 January 2003 letter, Mr Lanny Silverstone asked me to supply a copy of my lease. (I did) (CKFT # 6.7 ; WLCC # 3 ; MRJ # 22 )
(See also West London County Court # 1 , # 2 , # 4 , # 6 ) So, in addition to making inappropriate use of forfeiture legislation (CKFT # 6.2 ), ignoring breaches of covenants in my lease, and of my statutory rights (CKFT # 6.4 ; # 6.5 ) CKFT also committed an abuse of process of court (CKFT # 2 ; # 6.1 )
Mr Lanny Silverstone and Ms Ayesha Salim further lied during the proceedings (WLCC # 8 ; # 10 ) - including under a statement of truth (CKFT # 6.6 ) With the assistance of Cawdery Kaye Fireman & Taylor, Martin Russell Jones continued issuing - FALSE - documents to West London County Court - and to other leaseholders - namely for the 24 June 2003 (WLCC # 7 ; # 8 ) and 26 August 2003 (WLCC # 9 ; # 10 ) hearing, FALSELY claiming that I then owed £10,917 (US$19,250).
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, sent me a dozen highly threatening, fraudulent, libellous letters, always "with costs" (Of course! ) - principally intended to force me to strike a deal with their client, Mr Andrew Ladsky i.e. make me pay monies that were not due and payable (CKFT # 5 ; WLCC # 10)
Letters from e.g. Leaseholder C and Leaseholder M, and other events demonstrate that the intimidation tactics used by Cawdery Kaye Fireman & Taylor / Martin Russell Jones / Portner and Jaskel LLP worked in relation to some of the other leaseholders (MRJ # 25 , # 26 ; LVT # 8.1.2 ; Other Residents ; Elderly Resident)
Evidently - my 'advisers' - Mr Richard Twyman and Ms Lisa McLean, Piper Smith Basham/Watton, and Mr Stan Gallagher, did not view these serious breaches against me under the Courts and Legal Services Act 1990, Ch.41, S.17, etc - as material - Mr Gallagher # 1.1 , # 5.1 , # 9 ; PSB # 7.12.1 ...
...because they are from the same breed as Mr Lanny Silverstone and Ms Ayesha Salim, and Mr Jeremy Hershkorn, Mr Ahmet Jaffer and Mr Daniel Broughton - Portner and Jaskel...
... - as further exemplified by the following: in spite of having absolute knowledge that the 17 July 2002 service charge demand was fraudulent (PSB # 7.7 ) Ms Lisa McLean, Piper Smith Basham/Watton , wrote in her letter to me of 25 September 2003 in relation to the 7 October 2002 threat of forfeiture of my lease by Mr Lanny Silverstone that "...it is perfectly legitimate for a landlord or those advising the landlord to threaten forfeiture proceedings for non-payment of service charges" (PSB # 7.19 , # 7.18.5 )
Of course, what I have come to nickname "the fertiliser for malpractice" - the Law Society - (My Diary 12 April 2007) has dismissed all my complaints against its above members i.e. Portner and Jaskel, Cawdery Kaye Fireman & Taylor and Piper Smith Basham/Watton. And of course, the same outcome of "no malpractice" from the Bar Council. And to round it off: the seal of approval from the Legal Services Ombudsman (Cawdery Kaye Fireman & Taylor ; Stan Gallagher. And of course, likewise, the Court Service dismissed my complaint against West London County Court and Wandsworth County Court: Lord Falconer of Thoroton. Nice clubby set-up!
(See also related:
What I view as Mr Ladsky and Portner and Jaskel's highly vicious 'attack' on the Elderly Resident; also in My Diary, 18 February 2006
|
Breach |
Criminal
Justice Act & Public Order
Act 1994 - Section
4A - "...criminal
offence to cause harassment,
alarm or distress with intent
by using threatening words" (It can only be an offence if it happens in a public place) |
Examples
In my 'NON-LAWYER opinion' |
THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
In the public environment of the tribunal hearing on 5 February 2003 - as members of the public came in and out of the hearing - portraying me as a liar and as an individual who defaults on her obligations, Mr Andrew Ladsky blamed the tribunal proceedings on me, asking the Chair: "Will Ms Rawé pay the £250,000 (US$441,000) of additional costs that will be incurred as a result of the delay in the start of the works due to hearing?" (My Diary - 5 February 2003 )
During the tribunal hearings - as members of the public came in and out of the hearings - Mr Warwick, Steel Services counsel - FALSELY - portrayed me to the tribunal as a dishonest person, who breaches contractual obligations, by stating that "the reason [I have] been challenging the service charge demand is because I did not want to pay it" (LVT # 3 ; My Diary 13 March 2003)
During the tribunal hearings - as members of the public came in and out of the hearings - Mr Andrew Ladsky and Mr Brian Gale, MRICS - FALSELY - portrayed me as a liar, a dishonest person who defaults on her obligations (Brian Gale # 4 ).
At the 24 June 2003 West London County Court hearing (My Diary - 24 June 2003), in front of other leaseholders and their party - hence: members of the public - Mr Lanny Silverstone, CKFT, FALSELY portraying me as a liar and as an individual who defaults on her obligations, demanded that I pay for his client's costs for the day.
Prior to the hearing, in the waiting area of the court, in front of several people - Mr Lanny Silverstone handed me some documents stating that I owe his client money - which was not true (as, among others, the LVT determination had not been implemented) (My Diary 24 June 2003)
(See also related:
|
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Breach
|
Defamation
Act 1996
Definition
of 'libel' - "The
plaintiff must prove that the
words complained of are defamatory" (and
consequently, needs
to first identify the words). "The
test of what the words mean is
the test of the reasonable man"
"It is a complete defence
to an action for defamation to
prove that the defamatory statement
is substantially true" |
Examples
In my 'NON-LAWYER opinion' au |
THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
Defamation of my name and of my character from highly libellous, scurrilous claims and accusations made against me by Mr Andrew Ladsky, Mr Jeremy Hershkorn, Portner and Jaskel and Kensington and Chelsea police to my website hosts
Acting for Mr Andrew Ladsky, over a period of several weeks, Mr Jeremy Hershkorn, Portner and Jaskel, sent a massive amount of emails to my current website Host, threatening my Host with legal "proceedings and costs and damages" unless my Host closed down my website, by making highly libellous, scurrilous - unsupported - claims against me, stating "all of the allegations on [my] website are clearly untrue and therefore defamatory" (Portner # 2 ; My Diary 5 February 2007 )
Desperate to stop me from exposing the detail of my case, the corrupt Mr Jeremy Hershkorn had - also on behalf of Mr Ladsky - faxed a 3 October 2006 letter to my first website host, threatening my host with "proceedings for defamation and for substantial damages and costs" if it did not close down my website, making highly libellous, scurrilous - unsupported - claims against me that "[my website] contains suggestions that our client [Mr Ladsky] is guilty of criminal activities and fraud all of which are totally unsubstantiated, outrageous and false... Our client's reputation has been severely damaged..." (I can't stop laughing at that). Mr Hershkorn concluded the letter by stating "We will of course, take all appropriate steps to enforce any judgement obtained in the UK against you" (Portner # 2 ; My Diary 3 October 2006 )
As I pointed out in my 5 October 2006 reply to Mr Hershkorn's letter of 3 October 2006, his outpour of claims of defamation fails to meet the requirements of the Defamation Act 1996 as he has not identified a single item on my site he considered as defamatory
The threat of "proceedings and costs and damages" worked with my first website host as it closed down my website (My Diary - 3 October 2006)
Considering that, since the 27 February 2007 claim was filed against me (Portner # 6 ) ALL my documents to WLCC and Portner and Jaskel are based ENTIRELY on the contents of my website: If the claims on my website are "false", "outrageous", "unsubstantiated" and "defamatory" of 'the good character' of Mr Ladsky (I can't stop laughing at that): why, on 6 June 2008, has 'Rootstock' i.e. Mr Ladsky dropped "ALL" of his (second) fraudulent claim against me? (My Diary - 7 June 2008 ; 3 June 2008 (My (74 pg - 3 June 2008 Witness Statement) (4 pg - Main Points) ; Portner # 31 )
It follows that Portner and Jaskel has defamed my name and my character in the eyes of reasonable persons - as evidenced by the fact that my ISP closed down my website (which triggered a series of events)
When Mr Hershkorn backed off as a result of my complaint to the Law Society against Portner and Jaskel (Portner # 4 ), Mr Ladsky took over the harassment of my current website Host by making highly threatening phone calls himself on several occasions.
Unable to force my website Host to close down my website, in his rage at being exposed for what he is, Mr Ladsky asked 'his friends' at Kensington & Chelsea police to provide 'some assistance' by falsely claiming to my website Host that my website contains "anti-Semitic comments". On the basis on this libellous, scurrilous accusation, Mr Ladsky's 'friend' implied - without providing any evidence in support - in his highly libellous, scurrilous, racist and xenophobic emails of 16 March 2007 and 20 March 2007 to my website Host that I had 'committed a crime' and, for 'good measure', branded me as "a Nazi" (My Diary - 20 March 2007)
Mr Andrew Ladsky has also made highly libellous, scurrilous claims and accusations against me to my then employer in the course of numerous communications, including in his 26 March 2007 letter - stating, among others, that I was "clinically unwell" and "suffering from paranoia" (My Diary 7 Jun 08)
[ consequences - ADD]
Defamation of my name and of my character by Mr Andrew Ladsky ; Mr Brian Gale ; Ms Joan Hathaway, MRICS, and Mr Barrie Martin, Martin Russell Jones, Mr Warwick, 'Steel Services' counsel - by making highly libellous, scurrilous claims and accusations against me - in the context of the Leasehold Valuation Tribunal proceedings, as well as in related documents that are in the public domain
During the tribunal hearings - as members of the public came in and out of the hearings - Mr Warwick, Steel Services counsel - FALSELY - portrayed me to the tribunal as a dishonest person, who breaches contractual obligations, by stating that "the reason [I have] been challenging the service charge demand is because I did not want to pay it" (LVT # 3 )
During the tribunal hearings - as members of the public came in and out of the hearings - Mr Andrew Ladsky and Mr Brian Gale, MRICS - FALSELY - portrayed me as a liar, a dishonest person who defaults on her obligations (Brian Gale # 4 ).
Some of their highly libellous, scurrilous comments are contained in the LVT report - accessible by the public on the LVT database. This includes Mr Ladsky stating in his letter to the tribunal (point 50) that I was "the only tenant challenging the service charge demand" v. e.g. Mr Silverstone's 23 May 2003 application (i.e. after the tribunal hearings) to West London County Court identifying that the court action was still proceeding against at least four other leaseholders. Hence, as a result of Mr Ladsky and Mr Gale highly libellous, scurrilous claims against me being contained in the LVT report, their defamation of my name and of my character has been ongoing since 2003 (Brian Gale # 3 )
Mr Andrew Ladsky and Mr Brian Gale, MRICS, have also defamed my name and my character by - FALSELY - portraying me in other documents related to the LVT proceedings, as a liar, and a dishonest person who defaults on her obligation. This includes Mr Brian Gale's 24 February 2003 'Expert Witness' report to the tribunal (Brian Gale # 4 ). It led me to write this reply, handed to the tribunal by my counsel on the last day of the tribunal hearings. However, if this reply is not attached to his report - which is accessible by the public - his highly libellous, scurrilous claims against me can lead me to suffer highly detrimental consequences.
Ms Joan Hathaway, MRICS, Martin Russell Jones, has defamed my name and my character by - FALSELY - portraying me in documents to the tribunal - and therefore in the public domain - as a liar, and a dishonest individual who defaults on her obligations (LVT # 3 ). Among others, it includes 'her' 20 January 2003 letter to the tribunal - FALSELY - claiming that I had been supplied with the priced specification. While her lie was exposed during the 5 February 2003 hearing (captured under point 14 of the 17 June 2003 LVT/SC/007/120/02 report), leading to a postponement of the substantive hearing "in the interest of justice" (point 16) ( LVT # 2 , # 3 , # 8.1 , # 8.1.2 , # 8.1.3 ) - seen in isolation, her letter can lead me to suffer highly detrimental consequences.
While Ms Joan Hathaway, MRICS, Martin Russell Jones was, like Mr Ladsky and Mr Gale claiming to the tribunal that I was "the only tenant challenging the service demand" and "everybody else has paid" (MRJ # 14 ) v. ONE YEAR AFTER, in her 26 March 2004 letter to "All Lessees", Ms Hathaway wrote "Due to extensive delays in collecting the contributions from all (NB!!!) lessees..." (MRJ # 14 )
Since 2003, the Leasehold Valuation Tribunal has been defaming my name and my character
Since 2003, the Leasehold Valuation Tribunal has been defaming my name and my character by having the summary of the case (ref # 992 on the LVT database) on its database - accessible by the public - FALSELY- accusing me of being the cause of the proceedings - while capturing under point point 64 of its report that I had the "...legal right to challenge the Applicant's proposal..." and knowing full well that its report was very damning of the specification and pricing drawn-up by Mr Brian Gale (Mr Prescott # 1.4 )
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, and Ms Joan Hathaway, MRICS, Martin Russell Jones, have defamed my name and my character by issuing documents - that are in the public domain - containing highly libellous, scurrilous claims and accusations against me
Cawdery Kaye Fireman & Taylor and Ms
Hathaway filed a claim
( WL 023 537), dated 29 November 2002, in West
London County Court FALSELY stating in the Particulars
of Claim (1.1MB) that "[I] have
failed to pay the service
charges... that they are
now due and owing from [me] to
the Claimant." and
include a 'Statement of
Truth' signed by Ms Hathaway
which states: "The
Claimant believes that
the facts stated in this
Claim Form are true" (CKFT # 2 , # 3 ) (NB: Endorsement of the witness statement by Ms Hathaway, a 'managing agent' - amounts to a very serious breach of CPR - My Diary 9 March 2007)
The Particulars of claim are FALSE given that:
- the
tribunal had, one month previously,
specifically told me (and other
leaseholders to NOT
pay the service charge);
- seven
months LATER, the outcome of
the 17 June 2003 LVT/SC/007/120/02 determination
(ref #992 on the LVT database) was a reduction
of nearly 70% (incl. the contingency fund) in the
original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (see also LVT # 4 ; Pridie Brewster # 2 , # 3 , # 5 , # 8 , # 10 , # 12 , # 13 , # 17 , # 18 , # 19 , # 20 )
- the service demand
breached statutory requirements:
L&T 1985 - section
20(3)(a); 20(3)(b); 20(4)(e) -
as amply demonstrated by
the tribunal's 17
June 2003 determination (Stan Gallagher # 1.7 )
- the demand was in breach
of the terms of my
lease - Clause 2(2)(c)(ii); 2(2)(e); 2(2)(g)(i); 2(2)(j) (Stan Gallagher # 1.6 )
The claim is also against 10 other residents - and hence: members of the public - obviously, with no restriction on the circulation of the claim. While, on the copy of the claim accessible on my website, I have blocked out the name of the other leaseholders - I am sure that they have not blocked out my name on their copy of the claim.
With the assistance of Cawdery Kaye Fireman & Taylor, Martin Russell Jones continued issuing - FALSE - documents to
West London County Court - and
to other leaseholders - namely
for the 24
June 2003 (WLCC # 7 ; # 8 ) and 26
August 2003 (WLCC # 9 ; # 10 ) hearing, FALSELY
claiming that I then owed £10,917
(US$19,250). Consequently, they FALSELY portrayed me to the court - and more importantly in documents that are in circulation in the public domain - as a dishonest individual who defaults on her obligations
As in the case of the documents in relation to the LVT proceedings which contain highly libellous, scurrilous claims against me, I could suffer great financial loss as a result of these documents being in the public domain as, seen in isolation, any reasonable and respectable person who comes across these documents will think less of me as a result. Among others, this could have a catastrophic effect on my future employment prospects, as my job applications may be rejected due to the scurrilous statements made against me in the various documents.
(See also related:
|
|
Defamation
Act 1996
Fair
comment - "Requires
the facts to be true and the
comment on those facts is fair"
Qualified
privilege - "Provides
immunity from an action for libel
when reporting matters of public
interest"
Common
law privilege - Public interest,
or Reynold's defence - "Based
on the principle that a person
who has a moral, legal or social
duty to inform another person..." |
Examples |
I have
used the expression "fair
comment" on numerous occasions
on the site, usually in the context
of drawing-up one or more conclusions
As a 'pre-emptive measure' - Attention is drawn
to "Qualified privilege" and
the "Reynold's defence" as I consider events in my case, at the generic level, to be of public interest - with the hope that my case will be a trigger for change (Home page # 17 , Legal )
|
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Breach |
Fraud Act 2006 (came into force on 15 January 2007)
2. Fraud by false representation
(1)(a) dishonestly makes a false representation, and (b) intends by making the representation (i) to make a gain for himself or another
(2) A representation is false if - (a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) "Representation" means any representation as to fact or law..."
3. Fraud by failing to disclose information
"(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b) intends, by failing to disclose the information-
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss"
No gain or loss needs actually to have been made.
The maximum sentence is 10 years imprisonment. |
Examples
In my 'NON-LAWYER opinion' |
THE THREAT OF BANKRUPTCY PROCEEDINGS, OF FORFEITURE, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
Mr Jeremy Hershkorn, then at Portner and Jaskel, who - acting for Mr Andrew Ladsky - in his 16 February 2007 letter, threatened me with "bankruptcy proceedings", forfeiture (taking the flat away from me), and "costs" if I did not immediately pay the FRAUDULENT sum of £8,937 (Portner # 3 ) (US$15,800) - to 'Rootstock Overseas Corp', a company I had never heard of (Portner # 15 )
Ignoring my 25 February 2007 reply in which I asked for clarification, Mr Hershkorn proceeded to file a claim against me in West London County Court on 27 February 2007 - Portner point # 3 ; WLCC # 1 - under a Statement of Truth - knowing full well that the claim against me was FRAUDULENT (Portner # 6.3 )
Capitalizing on WLCC's assistance (Portner # 12 ; WLCC # 2 , # 7 ), Mr Hershkorn filed an application for judgment against me - as evidenced by the 19 April 2007 Order from WLCC refusing the application (Portner # 13 )
Proof that the claim against me was fraudulent: after a 16-month battle, 'Rootstock' i.e. Mr Andrew Ladsky 'threw in the towel' on 6 June 2008 by dropping "ALL of the claim" against me (Portner # 31 )
And further proof that the claim was fraudulent is the outrageous, preposterous excuse given by Portner for dropping the claim in its 11 August 2008 reply to my 22 July 2008 notice "it was found that the demand for ground rent and service charges served by the managing agent had given the incorrect identity and address for the landlord". My response knocking out this preposterous excuse is on page 5, under point 2.2 of my 26 August 2008 reply (key points: Portner # 33)
The preceding events were:
(1) my 3 June 2008 (74 pg) Witness Statement; (4 pg - Main Points) (Portner # 29)
(2) my letter of 5 June 2008, in response to the 23 May 2008 letter from Mr Ahmet Jaffer in which he suggested having the case transferred 'one level' up, from 'fast track' to 'multi-track'. In my letter, I highlight the main events of the previous 16 months proving that - OF COURSE - Mr Ladsky and Portner KNEW that the claim was fraudulent - detailed in Portner # 30 )
(See also related:
|
Breach |
Guide
to the Professional Conduct of
Solicitor (The) - Rule
17.05 - 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” |
Examples
In my 'NON-LAWYER opinion' |
THE COURTS CLAIMS = FRAUD TOOLS
The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
- (1) Mr Lanny Silverstone persistently ignored the evidence against his client's claim (CKFT # 5 )
- (2) Two weeks later, in his 21 October 2002 letter he wrote: "We are aware that Steel Services has applied to the Leasehold Valuation Tribunal" (CKFT # 2 )
- (3) During the 29 October 2002 pre-trial tribunal hearing (attended by his client ), we, the leaseholders, were told to NOT pay (page 5) until the tribunal had issued its determination and it had been implemented.
- (4) In spite of this, precisely one month later, CKFT drew-up a claim against me and 10 other leaseholders - representing 14 flats - in West London County Court (ref: WL203537) for the full amount (1.1MB) demanded in the 15 July 2002 service charge demand
- (5) The tribunal issued its determination, LVT/SC/007/120/02 (re f#992 on the LVT database) on 17 June 2003 i.e. SEVEN months AFTER CKFT drew-up the claim. The outcome was a reduction of nearly 70% of the sum demanded (incl. contingency fund) (CKFT # 6.3 ) (LVT # 4 )
- (6) CKFT supplied a lease with the 29 November 2002 court claim - 'apparently' for flat 23 - claiming - under a Statement of Truth (1.1MB) - that it is representative of my lease. This is NOT true. This lease is materially different from my lease in relation to Clause (2)(2)(c)(i). Hence, it amounts to making materially untrue claims to the court as to my contractual obligations. TWO months after filing the claim, in his 23 January 2003 letter, Mr Lanny Silverstone asked me to supply a copy of my lease. (I did) (CKFT # 6.7 )
- (7) Among the breaches of several statutes, the demand, and by implication the claim, are also in breach
of covenants in my lease - Clause 2(2)(c)(ii); 2(2)(e); 2(2)(g)(i); 2(2)(j) (CKFT # 6.4 )
Ms Lisa McLean, Piper Smith Basham/Watton, who, in spite of having absolute knowledge that the 17 July 2002 service charge demand was fraudulent, wrote. in her letter to me of 25 September 2003 in relation to the 7 October 2002 threat of forfeiture of my lease by Mr Lanny Silverstone that "...it is perfectly legitimate for a landlord or those advising the landlord to threaten forfeiture proceedings for non-payment of service charges" (see also Piper Smith Basham # 7.19) |
Breach |
Guide to the Professional Conduct of Solicitor (The) - Section 30.02 (6) - Investigation of complaints - “Failure by the firm to attempt to resolve a complaint under practice rule 15 may result in additional compensation being awarded, if a formal decision has to be made” |
Examples
In my 'NON-LAWYER opinion' |
I consider Piper Smith Basham's reply of 18 December 2003 to my letter of 2 December 2003 (which, given events, I view as exceptionally generous and conciliatory) as a 'get lost' letter (Piper Smith Basham # 3 )
I consequently hold the view that the Law Society has failed to take the action stated under this rule as it replied on 22 September 2004 "...I do not consider that there was a failure to adequately address your complaints." (Piper Smith Basham # 3 ) |
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Breach |
Landlord
and Tenant Act 1985 - Section
19(B) - "Content of landlord's application for determination of reasonableness of service charge......a specimen lease together with a statement specifying any relevant differences between respective flats, or confirming that they are all the same" |
Examples |
With
the 7
August 2002 application she
filed with the tribunal, Ms Hathaway
falsely claimed that the lease
she supplied was representative
of my lease (see LVT #8.1.4) |
Breach |
Landlord
and Tenant Act 1985 - Section
20(3)(a) - "At
least two estimates of the works
shall be obtained..." |
Examples |
Martin Russell Jones and its client's 15 July 2002 service charge demand for the costs of the "major works" (17 July 2002 invoice ) was in breach of this statutory requirement. (Mr Gallagher # 1.2 , # 3.b , 3 (d) ) Non-provision of this information is evidenced by, among others, communication from the leaseholders (LVT # 1 , # 3 , # 8.1.2 , # 8.1.3 ; Martin Russell Jones # 14 )
This message was FINALLY taken on board by the tribunal at the 5 February 2003 hearing, leading it to postpone the start of the substantive hearings to 13 March 2003 "in the interest of justice" (LVT # 3 , # 8.1.3 )
A Section 20 notice has NEVER been issued following the LVT/SC/007/120/02 determination (ref. #992 on the LVT database) (Piper Smith Basham # 7.4.1 ) ( Mr Gallagher # 3.a.3 , # 3.d.1 ) |
Breach |
Landlord
and Tenant Act 1985 - Section
21(1) - “A
tenant may require the landlord
in writing to supply him with
a written summary of the costs
incurred" |
Examples |
Non-compliance with my repeated requests to Ms Hathaway for a copy of the 2002 year-end accounts (see Martin Russell Jones # 37 ) led me to approach the Tenancy Relations Officer at the Kensington & Chelsea Town who sent a Section 21 request' to Ms Hathaway and CKFT, dated 25 June 2004 |
Breach |
Landlord
and Tenant Act 1985 - Section
21(4) - “The
landlord shall comply with the
request within one month of the
request or within six months
of the end of the period…” |
Examples |
Mr Gallagher has endorsed the breach of my statutory right by describing, in his email of 13 November 2003 , my 7 November 2003 request for a copy of the year-end accounts as a request that "can only complicate matters further and jeopardise the prospects of compromising the claim on realistic terms." (Mr Gallagher # 2.1)
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Breach |
Landlord
and Tenant Act 1987 - Part
1 - Tenants' rights of first refusal
- Section
1 (1) -
Requirement on landlord to issue
a notice prior to a disposal |
Examples
In my 'NON-LAWYER opinion' |
Pretence
at complying with this statutory
requirement by issuing bogus "notices" of
disposal - relying on the usual 'bag
of tricks' used by rogue landlords
and their aides. In the case of the 13
December 2000 "notice",
actions were taken to dissuade
leaseholders from exercising their
statutory rights:
- A claim of "burden
of litigation" was
made in the "notice"
- This claim was followed-up by
an identical letter to all lessees,
from Mr Andrew Ladsky, dated 25
January 2001, to further
reinforce the threat when
he realised that leaseholders
were pursuing the offer -
in spite of his harassment
and intimidation of the Head
of the Residents Association -
see also Notice by landlord
- 13
December 2000
- Issuing of the "notice" just
before Christmas was clearly intended
to reduce leaseholder's ability
to organise themselves for a reply
See
below, other breaches under this
Act |
Breach |
Landlord
and Tenant Act 1987 - Part
1 - Notices conferring rights of
first refusal - Section
5(2) - "A
notice must contain particulars
of the property to which it relates
and the estate or interest in
the property proposed" |
Examples
In my 'NON-LAWYER opinion' |
Mr
Daniel Broughton, Portner and Jaskel,
on behalf of his
client Mr Andrew Ladsky-Steel
Services has breached this section
of the Act as:
(1) the 10
February 2006 so-called "notice" he
sent does not "contain particulars
of.the property to which it relates" -
as his client had, 10 days previously sold
its headlease interests to
Lavagna Enterprises Limited.
Yet the description of the
property is a carbon copy of
previous notices e.g. 13
December 2000 when his
client had the headlease
interest on the last floor
of Jefferson House.
Mr Broughton evidently set-out
to deceive as he stated in his 3
April 2006 letter that he "deliberately
omitted to include pages one
and two of the Land Registry title
for Steel Services" .
Among others, it resulted in
a list of flats, without showing
the name of Steel Services,
nor the address.
(2) The "notice" does
not reflect the true "interest
in that property" - as Mr
Broughton described Steel Services
as the "headlessor" v.
(a) the 26
February 2002 county court
claim in which Portner and Jaskel described it as the "freeholder" ;
(b) in his 5
October 2004 letter to "All
lessees", Mr Barrie
Martin also described Steel
Services as the "freeholder".
This suggests that Mr Broughton
has also breached the Money
Laundering Regulations 2003, "Know
your client" - which his trade association,
the Law
Society, has made a point
of communicating to its members For further detail see: 10
February 2006 'notice by
landlord'; My Diary 18
February 2006 and 29
April 2006
Consequently, Mr Broughton has
also breached S.1(3)
and S.1(5)(a) of the Property
Misdescriptions Act 1991,
as well as Rule
26.01 of the Solicitors
Code of Conduct
Contrary
to what it stated in its 13
December 2000 "notice", Laytons,
solicitors, failed to include
the particulars of the "disposal".
When this was pointed out, it used
this as an excuse for withdrawing
the offer.
Further proving that (like the
10
February 2006 "notice")
the 13
December 2000 "notice" was
bogus, is the fact that a change
in the ownership structure nonetheless
took place two weeks later, on 1
June 2001 - as can be seen on the
Land Registry title for Steel
Services, NGL 373 333.
It also
worth noting that in her 26
April 2001 letter, the
Head of the Residents Association
reported to the leaseholders
that with "a week left to the
deadline, our solicitor had
not received any communication
from Laytons" |
Breach |
Landlord
and Tenant Act 1987 - Section
10A (1) - "Offence
of failure to comply with
the requirements of Part
I" "(2)
A person guilty of an offence
under this section is liable
on summary conviction to
a fine not exceeding level
5 on the standard" (i.e.
a 'criminal
offence') |
Examples
In my 'NON-LAWYER opinion' |
Portner
and Jaskel's client
Mr Andrew Ladsky-Steel Services
has committed offences
against me by not offering me "first
refusal" in relation
to five transactions (NB: Covered briefly in my 3 June 2008 Witness Statement under headings # 6 and # 5):
(1) When Steel Services, title NGL 373333, became a 'lessee' of Lavagna Enterprises Ltd (said to be registered in the British Virgin Islands), in late 2005/early 2006, in the process losing control of the last floor of Jefferson House - as can be seen on the title BGL 56642 for Lavagna Enterprises (Headlessors # 2)
(2) The 24 May 2006 transfer of title NGL37333 from Steel Services to Rootstock Overseas Corp, a company said to be registered in Panama (Headlessors # 3)
If it is suggested in relation to the 24 May 2006 transaction that Portner and Jaskel’s 10 February 2006 so-called “S.5 L&T 1987 Notice of first refusal” amounts to compliance with the L&T Act 1987 - it DOES NOT - as it FALSELY claimed that 'Steel Services' was still the Lessor for the whole of Jefferson House at the time - when, in fact, six week previously, 'Steel Services' had disposed of its headlease interest to Lavagna Enterprises, thereby losing control of the last floor of Jefferson House - and becoming a lessee of Lavagna Enterprises (Headlessors ; Owners identity). (The 10 February 2006 "notice" is a carbon copy of previous notices when 'Steel Services' was the headlessor for the whole block (e.g. 13 December 2000 "notice" ; # 2 - 13 December 2000"Notice by landlord"). Nonetheless, Mr Daniel Broughton, Portner and Jaskel, repeated the lie twice during the notice period – as summarised in my 30 April 2006 letter to Mr Broughton - see Portner # 1 ; # 3 - 10 February 2006 bogus "Notice by landlord" ; Property Misdescriptions Act 1991
My guess that Mr Andrew Ladsky was the instigator of this malicious, vicious act also proved to be right as Portner and Jaskel helpfully confirmed this in its (libellous, scurrilous) 3 October 2006 letter to my then ISP - PLUS the 'standard' Law Society's reply of 30 March 2007 to my 28 February 2007 complaint that Portner "Acted on the instructions of their client" - Portner # 5.1
(3) The transfer of the 'Airspace of Jefferson
House', title BGL 51266, from Steel Services to Lavagna Enterprises Limited in January 2006 (Headlessors # 4 )
(4) The 'airspace' was then transferred "by Steel Services", "from Steel Services" to "Rootstock Overseas Corp" for "£1" on 8 January 2007 (Headlessors # 5)
(5) As briefly detailed
above under the sections of the L&T 1987 Act
- and comprehensively under # 2 -13 December 2000 "Notice by landlord" -
the opportunity to buy headlease
was fraudulently taken
away from leaseholders in the context
of the so-called"notice" of 13
December 2000 |
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Breach |
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)...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"
"(4) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both" |
Examples
In my 'NON-LAWYER opinion' |
THE THREAT OF FORFEITURE AND BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
The 21 August 2008 letter from the Royal Institution of Chartered Surveyors (RICS) threatening me with starting defamation proceedings if I "did not remove all references to the RICS on [my] website within 14 days" . It failed to reply to my 4 September 2008 letter - demonstrating that this letter amounts to the use of FEAR tactics in an attempt to get its own way: cover-up its deceit. UNBELIEVABLY, considering Martin Russell Jones' conduct, as a means of 'piling on the fear', in its letter, the RICS also wrote “No doubt Martin Russell Jones will also be taking similar legal action against you” (RICS # 11 and # 12)
(The 21 August 2008 letter was preceded by a 14 August 2008 letter to which I replied on 18 August 2008) Acting for Mr Andrew Ladsky, over a period of several weeks, Mr Jeremy Hershkorn, Portner and Jaskel, sent a massive amount of emails to my current website Host, threatening my Host with legal "proceedings and costs and damages" unless my Host closed down my website, by making highly libellous, scurrilous - unsupported - claims against me, stating "all of the allegations on [my] website are clearly untrue and therefore defamatory" (Portner # 2 ; My Diary 5 February 2007 )
Desperate to stop me from exposing the detail of my case, the corrupt Mr Jeremy Hershkorn had - also on behalf of Mr Ladsky - faxed a 3 October 2006 letter to my first website host, threatening my host with "proceedings for defamation and for substantial damages and costs" if it did not close down my website, making highly libellous, scurrilous - unsupported - claims against me that "[my website] contains suggestions that our client [Mr Ladsky] is guilty of criminal activities and fraud all of which are totally unsubstantiated, outrageous and false... Our client's reputation has been severely damaged..." (I can't stop laughing at that). Mr Hershkorn concluded the letter by stating "We will of course, take all appropriate steps to enforce any judgement obtained in the UK against you" (Portner # 2 ; My Diary 3 October 2006 )
As I pointed out in my 5 October 2006 reply to Mr Hershkorn's letter of 3 October 2006, his outpour of claims of defamation fails to meet the requirements of the Defamation Act 1996 as he has not identified a single item on my site he considered as defamatory
The threat of "proceedings and costs and damages" had the desired effect with my first website host - as it closed down my website (My Diary - 3 October 2006)
Considering that, since the 27 February 2007 claim was filed against me (Portner # 6 ) ALL my documents to WLCC and Portner and Jaskel are based ENTIRELY on the contents of my website: If the claims on my website are "false", "outrageous", "unsubstantiated" and "defamatory" of 'the good character' of Mr Ladsky (I can't stop laughing at that): why, on 6 June 2008, has 'Rootstock' i.e. Mr Ladsky dropped "ALL" of his (second) fraudulent claim against me? (My Diary - 7 June 2008 ; 3 June 2008 (My (74 pg - 3 June 2008 Witness Statement) (4 pg - Main Points) ; Portner # 31 )
And the reason eventually given by Portner and Jaskel LLP for dropping the claim ? The preposterous excuse that "it was found that the demand for ground rent and service charges served by the managing agent had given the incorrect identity and address for the landlord" (Portner # 33 ; RICS # 12 ). My reply to this preposterous excuse is on page 5, under point 2.2 of my 26 August 2008 application for an assessment hearing
The Royal Institution of Chartered Surveyors' threat of proceedings for defamation without giving any evidence in support of its accusations - in spite of being asked - its letters: 14 August 2008 ; 21 August 2008 ; my replies: 18 August 2008 ; 4 September 2008 (RICS # 11 and # 12)
And, adding to this, a prediction by the RICS that “No doubt Martin Russell Jones will also be taking similar legal action against you” UNBELIEVABLE! (RICS # 12 )
The 16 February 2007 letter from Mr Jeremy Hershkorn, then at Portner and Jaskel, who - acting for Mr Andrew Ladsky - threatened me with "bankruptcy proceedings", forfeiture (taking the flat away from me), and "costs" in the name of "Rootstock Overseas Corp", a company I had never heard of (Portner # 15 ), if I failed to immediately pay £8,937 (US$15,800) (Portner # 3 )
The distress and anguish that this letter caused me was absolutely horrendous - principally because I had no knowledge of this part of the law - which is precisely what the evil, morally depraved, sociopaths, Mr Ladsky and Mr Hershkorn were counting on. By coincidence, on the day I took delivery of the letter, I met a friend in a store. I broke down in tears. That evening, the utter despair led me to think about the option of 'ending it all' but, my 'guardian angel' quickly pushed that thought out of my mind. I HAD to fight back against the evil, greed ridden, morally depraved, 'mafia'; if not for me, then at least for other leaseholders who are going through a similar hell to mine. There HAD to be a positive outcome to the horrendous suffering I have been made to endure since 2002. I could not give up.
Ignoring my 25 February 2007 reply in which I asked for clarification, Mr Jeremy Hershkorn, Portner and Jaskel, proceeded to file a claim against me in West London County Court on 27 February 2007 - Portner point # 3 ; WLCC # 1 - under a Statement of Truth - knowing full well that the claim against me was FRAUDULENT (Portner # 6.3 ). The horrendous hell was continuing.
Unable to force my website Host to close down my website, in his rage at being exposed for what he is, Mr Ladsky asked 'his friends' at Kensington & Chelsea police to provide 'some assistance' by FALSELY claiming to my website Host that my website contains "anti-Semitic comments". On the basis on this - TOTALLY UNSUPPORTED - libellous, scurrilous accusation, Mr Ladsky's 'friend' implied - in his highly libellous, scurrilous, racist and xenophobic emails of 16 March 2007 and 20 March 2007 to my website Host - that I had 'committed a crime' and, for 'good measure', branded me as "a Nazi" (My Diary - 20 March 2007)
Considering the conduct of Kensington and Chelsea police : Its 27 January 2003 letter in which it threatened me with "charges of harassment" following a complaint by Mr Andrew Ladsky, and stating that "the complaint has been fully recorded by the police" .
In my 11 February 2003 response I asked for "THE FACTS". I never received a reply.
Of course, Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, also joined in on 'the act': letter of 4 February 2003.
These events took place just before the LVT hearing and were clearly intended to scare me, make me give-up (My Diary: 3 Jan 03 ; 20 Jan 03 ; 23 Jan 03 ; 5 Feb 03 )
The 27 September 2007 threatening letter from West London County Court demanding that I pay £1,700 (US$3,000) to "file a counterclaim" - knowing full well that it was an impossibility for me to do this (WLCC # 14 ). Evidence of an intention to cause me distress: following my challenging events: the subsequent contradicting explanations (WLCC # 22 , # 23 ) ; the three months plus silence that followed my 2 October 2007 letter to WLCC; silence broken by an Order dated 19 December 2007 - sent on 7 January 2008 (NB !!!) stating “The Defendant having failed to comply with the Court’s request by letter dated 27 September 2007 to pay the Counterclaim fee, the Counterclaim stands struck out” (WLCC # 23 )
The 21 March 2003 Order from WLCC WRONGLY telling me that a Charging order hearing concerned me - and continuing to do so when challenged - causing me an unbelievable amount of distress and anguish (WLCC # 5 ; Lord Falconer # 1)
In spite of WLCC having absolute knowledge that agreement has been reached with 'Steel Services', in its 9 June 2004 Notice West London County Court WRONGLY informed me that I was the defendant in a trial - without giving any detail. In spite of being challenged, after 10 days of unbelievable anguish, torment and distress, Wandsworth County Court, to which my file had been transferred, still maintained that the trial concerned me. Eventually it sent me this 23 July 2004 letter stating that I am "not required to attend" - and in the process treats me like an illiterate idiot (WLCC # 14 ; Lord Falconer # 5. 1)
The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, sent me a dozen highly threatening, fraudulent, libellous letters, always "with costs" (Of course! ) - principally intended to force me to strike a deal with their client, Mr Andrew Ladsky i.e. make me pay monies that were not due and payable (CKFT # 5 ; WLCC # 10)
The bogus invoices from Martin Russell Jones: (1) 21 October 2004, stating a "Brought forward balance" of £14,452 (US$25,600) - with no explanation whatsoever. This was the same amount as the original, 17 July 2002 demand of £14,400 (US$25,400). Hence, it totally ignored the fact that I had accepted - and paid - the 21 October 2003 'offer' from 'Steel Services' - which had been sealed, 3 months previously, in the 1July 2004 consent order (CKFT # 4 ; WLCC # 12 ; # 13 ) ; (2) three weeks later, another invoice, dated 16 November 2004, this time with a "Brought forward balance" of £15,447 " (US$27,300) - likewise, with no explanation whatsoever (MRJ # 18 )
Although obvious to me that these invoices were malicious acts motivated by revenge for my challenging the service charge demand - and therefore I did not pay them - they caused me an enormous amount of distress and anguish - which, of course was the intention (Home page # 4.15 ) - leading me to cancel my Christmas holiday (My Diary - End 2004 ). The next invoice, 14 months later, was 'mysteriously' £10,250 less: 9 January 2006: £5,625 (US$9,900)
The 20 September 2002 reply to my request for information from Ms Hathaway, MRICS, Martin Russell Jones was: “…we have to require payment by return..if payment is not made now our client, Steel Services will have no alternative other than to instruct solicitors to commence legal proceedings to obtain payment” ( MRJ # 25 , # 26 )
Letters from e.g. Leaseholder C and Leaseholder M, and other events demonstrate that the intimidation tactics used by Cawdery Kaye Fireman & Taylor / Martin Russell Jones / Portner and Jaskel LLP worked in relation to some of the other leaseholders (MRJ # 25 , # 26 ; LVT # 8.1.2 ; Other Residents ; Elderly Resident)
The 4 August 2004 letter from Mr Barrie Martin, FRICS, Martin Russell Jones, in which he wrote that “[I] refused to pay [my] contribution and this resulted in the proceedings before the LVT which of course resulted in the considerable delay in the commencement of the work” While this claim is quite clearly highly defamatory, scurrilous and libellous, I suspect that this ‘story’ was fed to other residents. I replied on 11 August 2004. (MRJ #25)
The 12 November 2003 17h09 email from Mr Stan Gallagher in which, in breach of the terms of my lease, and my statutory rights, he dismissed my request to be provided with the 2002 accounts for Jefferson House. As can be seen from what he wrote in his email "Similarly, adding conditions for the disclosure of the accounts can only complicate matters further and jeopardise the prospects of compromising the claim on realistic terms" There are numerous other points in his email, such as - FALSELY - claiming that I was in a "very weak position"; that "if this offer is not accepted and the matter proceeds to trial it is virtually certain that the claimant will beat it and Ms Rawé will be ordered to pay the Claimant's costs" (Stan Gallagher # 2 , # 3.a.4 ; # 4.1)
Under these points i.e. # 2 , # 3.a.4 ; # 4.1, I present evidence in support of my position that the intention of Mr Gallagher - and Mr Twyman ( PSB # 7.9 ; # 7.9.1 ) - was to cause me distress and anxiety (which they succeeded in doing) by providing me with a highly biased - FALSE - assessment of my position, in order to coerce and bully me into accepting what 'they' had decided they wanted me to do - because what I wanted - based on my rights - "would not be accepted by the Claimant" i.e. Mr Andrew Ladsky (Stan Gallagher # 4.1 )
I was vindicated when, as a result of filing my 5 April 2004 complaint with the Bar Council against Mr Gallagher, he changed his tune in the subsequent exchange of correspondence as I was able to prove him wrong (e.g. Stan Gallagher # 5 )
The 13 November 2003 - 15h53 email from Mr Richard Twyman, Piper Smith Basham/Watton he sent me stating that he was going to send the draft to CKFT "in the next 10 minutes". (PSB # 6.1 ; # 7.2 ) This email caused me an enormous of distress as I was at work (My Diary 13 November 2003 ). This, added to the events of the previous days (My Diary 28 October 2003 , 6 November 2003 , 7 November 2003 , 11 November 2003, 12 November 2003 ) (and subsequent events) provide evidence that Mr Twyman had made a deal with CKFT i.e Mr Andrew Ladsky that they would force me to accept the reply they had concocted
Mr Twyman claimed to be doing this " as advised". He was referring to the 13 November 15h32 email from Mr Stan Gallagher in which he FALSELY claimed that the drafts had to be sent by 16h00 (Stan Gallagher # 10 )
Mr Twyman and Mr Gallagher colluded on this dirty trick with the objective of sending a reply that would 'suit' Mr Andrew Ladsky. (This collusion between the cabal comprising of Mr Richard Twyman and Ms Lisa McLean, PSB, Mr Stan Gallagher and Ms Ayesha Salim, CKFT, had been set in motion from the start - CKFT # 3 , # 6.8 ).
(NB: Imagine if Mr Richard Twyman, Ms Lisa McLean and Mr Stan Gallagher had been 'advising' me in relation to the 2nd fraudulent claim of 27 February 2007 from Mr Ladsky! I certainly would not have ended-up with what I achieved - by myself: Mr Ladsky 'throwing in the towel' (Portner and Jaskel # 31 )
The 14 November 2003 email from Mr Richard Twyman, Piper Smith Basham/Watton in which he LIED about the time at which he received my reply - all because he wanted Mr Ladsky to have the reply that he and the rest of the cabal had concocted (PSB # 7.13 ; My Diary 14 November 2003 )
This was an unbelievably traumatic experience. I went through absolute, sheer utter hell during that time. The impact on me was horrendous: I lost 5kgs (nearly a stone) during the month of November 2003. Most nights, even though I went to bed at midnight, or later, I would wake up by 4 - 5 a.m. unable to get back to sleep (My Diary - November 2003) (Also: My Diary - 28 October 2003 , 11 November , 12 November , 13 November , Christmas 2003 ). After a month of further battling with Piper Smith Basham, by mid-December 2003, I took back control of my case (My Diary - December 2003)
The 12 December 2003 letter (sent by email) from Ms Lisa McLean, Piper Smith Basham, who LIED about the presentation of my 19 October 2003 Witness Statement - motivated by closing the 'behind the scene' deal she had agreed with CKFT i.e. Mr Ladsky. For proof that she lied, see My Witness Statement at 19 October 2003. In support of my statement 'closing the deal', the section also summarises her desperate actions, and those of Mr Richard Twyman and Mr Skuse to impose their decision on me
The 21 January 2004 letter from Ms Lisa McLean, Piper Smith Basham/Watton, in which - with the aim of causing me anguish and distress - she FALSELY claimed "There is also of course the outstanding issue of the concluded agreement" - in a desperate attempt to close the 'behind the scene' deal with CKFT i.e. Mr Ladsky (PSB # 4 , # 7.13.1 , # 7.13.2 , 7.13.3 , # 7.14 ; CKFT # 6.8 ; My Witness Statement at 19 October 2003)
The deceit, threats, bullying and coercion in the stream of emails in September 2003 from Ms Lisa McLean, Piper Smith Basham - in collusion with Ms Ayesha Salim, CKFT, and Mr Barrie Martin, FRICS, and Ms Joan Hathaway, Martin Russell Jones - intended to stop me from proceeding with my 20C application - thereby allowing 'Steel Services' to charge its LVT related costs to Jefferson House's leaseholders. Ms McLean went as far as saying "Were I the representative for the landlord armed with this knowledge, I would seek costs against you on an indemnity basis" (She WAS acting AS "the representative of the landlord" - while getting me to pay her fees to 'act FOR me') They succeeded in achieving their objective (PSB # 7.19, #7.18.2, #7.18.5 ; CKFT # 6.9 ; Martin Russell Jones # 43)
This too was an unbelievably traumatic experience. I went through absolute, sheer utter hell during that time - My Diary Sep 2003 - 20C application
Of course, what I have come to nickname "the fertiliser for malpractice" - the Law Society - (My Diary 12 April 2007) has dismissed all my complaints against its above members i.e. Portner and Jaskel, Cawdery Kaye Fireman & Taylor and Piper Smith Basham/Watton. And of course, the same outcome of "no malpractice" from the Bar Council. And 'to round it off': the seal of approval from the Legal Services Ombudsman (Cawdery Kaye Fireman & Taylor ; Stan Gallagher). And likewise, the Royal Institution of Chartered Surveyors has dismissed my complaint against Martin Russell Jones.
(See also related:
|
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Breach |
My
lease - Clause
(2)(2)(c)(i) The amount
of service charge payable by
each lessee is a fixed percentage
share calculated on a global
sum which is the same for all
the lessees |
Examples |
Further
evidence that the calculation of
the service charges payable by individual
leaseholders is based on a fixed
global sum to which the relevant fixed
percentage share is applied,
is also found in:
Ms Hathaway's 30
August 2002 letter "The
amount demanded is as the terms
of the lease. There is no separate
list. Details of the percentages
are included in the schedules to
previous accounts. The sum
demanded is based on the percentage
of your lease, which is 1.956%..."
Steel Services-Martin
Russell Jones supplied these percentages
with the application to
the LVT. They are also clearly evidenced,
among others by the documents supplied
to West
London County Court by CKFT,
for the 24
June 2003 and 26
August 2003 hearing.
(See MRJ #19;
|
Breach |
My
lease - Clause
2(2)(c)(ii) "The
lessor will use its best endeavours
to maintain the annual service
charge at the lowest reasonable
figure consistent with the due
performance and observance of
its obligations" |
Examples |
The 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) by the tribunal was a reduction of nearly 70% (incl. the contingency fund) in the original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (see also LVT # 4 ; Pridie Brewster # 2 , # 3 , # 5 , # 8 , # 10 , # 12 , # 13 , # 17 , # 18 , # 19 , # 20 )
I highlighted this clause to Ms McLean in my 21 August 2003 letter, stating "This is an important point..." - to no avail (Piper Smith Basham # 7.9 ). (I also highlighted under points 103 - 105 of my 20 December 2004 complaint against CKFT - which, of course, was likewise, ignored. (CKFT # 6.4 ) (This clause was highlighted to Ms Hathaway by one of the leaseholders' solicitors) |
Breach |
My
lease - Clause
2(2)(e) Costs to be
included in the service charges "...as
the accountant may in his reasonable
discretion consider it reasonable
to include...by way...of costs
expenses and outgoings already
incurred or by way of provision
for expected future costs expenses
and outgoings..." |
Examples |
Breach of covenant by Mr Ladsky et. al. and their aides as the 17 July 2002 £14,400 (US$25,400) demand sent with the 15 July 2002 letter was NOT in any way shape or form reflected in the 2001 year-end accounts. This blatantly obvious fact was recognised by Ms McLean in her 3 October 2003 letter (PSB # 7.9 , Mr Gallagher # 1.6 ) |
Breach |
My
lease - Clause
2(2)(g)(i) "...after
the end of each financial year
the lessor shall furnish to the
lessee...a copy of the accountant's
certificate" |
Examples |
Breach of covenant by Ms Hathaway (# 37 ) who repeatedly ignored my requests for a copy of the 2002 accounts - leading me, in June 2004, to seek assistance from Kensington & Chelsea Housing (# 1 )
Mr Gallagher has endorsed the breach of this covenant in my lease by describing, in his email of 13 November 2003 , my 7 November 2003 request for a copy of the year-end accounts as a request that "can only complicate matters further and jeopardise the prospects of compromising the claim on realistic terms." (Mr Gallagher # 2.1) - as did Piper Smith Basham by aligning itself with this position (Piper Smith Basham # 7.9 ) |
Breach |
My
lease- Clause
(2)(2)(h) "The
lessee, if required...to pay
to the lessor such sum in advance
and on account of the service
charge as the lessor or its agents
shall from time to time specify
at its or their discretion to
be a fair and reasonable interim
payment" |
Examples |
The 15 July 2002 demand (and accompanying 17 July 2002 invoice) was NOT an interim demand - it was a demand for full payment (CKFT # 6.4 ; MRJ # 5 , Mr Gallagher # 1.2 , # 1.3 , # 1.4 , # 1.5 , # 1.6 ) (Piper Smith Basham # 7.9 ) ...
...and it was a HIGHLY EXTORTIONATE DEMAND as the the 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) by the tribunal was a reduction of nearly 70% (incl. the contingency fund) in the original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (see also Mr Brian Gale , LVT # 4 ; Pridie Brewster # 2 , # 3 , # 5 , # 8 , # 10 , # 12 , # 13 , # 17 , # 18 , # 19 , # 20 )
In addition, it also amounts to a breach of my statutory rights under Section 19(2) of the Landlord & Tenant Act 1985 (Mr Gallagher # 1.7 , Piper Smith Basham # 7.9.1 ) |
Breach |
My
lease - Clause
(2)(2)(j) "...nothing
shall disable the Lessor from
maintaining an action against
the Lessee in respect of non-payment
of interim payment...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" |
Examples |
Linked to the above, in relation to Clause (2)(2)(h) of my lease:
In my complaints / my replies to the parties' response to my complaints (point 98 of my 20 December 2004 complaint against Cawdery Kaye Fireman & Taylor ; point 49 of
my 29 August 2004 reply to Mr Gallagher ; point 83 of my 30 November 2004 reply to the Law Society in relation to my complaint against Piper Smith Basham ; point 123 of my 2 February 2005 complaint (1MB) to the RICS against Martin Russell Jones) I drew attention to this clause in my lease, stating "'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... Consider this in the context of the fact that the original demand I received was £14,400.19 (US$25,400) while the impact of the LVT determination meant that it should be reduced by nearly 70% to £4,615" (US$8,135)
As the impact of the 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) reduced the sum demanded of £14,400 (US$25,400) to £4,615 (US$8,135), it follows that, in filing the claim against me under a ' Statement of Truth ' (1.1MB) Ms Hathaway, Martin Russell Jones and Cawdery Kaye Fireman Taylor who produced the claim have breached this covenant in my lease
(CKFT # 6.4 , MRJ # 5 , Mr Gallagher # 1.6 , Piper Smith Basham # 7.9 ) |
Breach |
My
lease - Clause
5(1) - "The lessor
covenants with the lessees to
5(1) "maintain
repair redecorate renew amend clean
repoint repaint grain varnish whiten
and colour..."
5(1)(a) "the
structure of the building... roofs...external
and internal walls... chimney stacks
gutters..." |
Examples |
Steel
Services cannot keep within its covenants
in my lease as it has sold
its headlease interests to Lavagna
Enterprises Limited.
As also evidenced in the case
of Kintyre
Ltd v Romeomarch Property Management
Ltd in which the Land Registry
Adjudicator dismissed the application
to register the lease, because: "The
roof space was required for the
proper management of the roof." It
thereby endorsed the Leasehold
Valuation Tribunal determination:
LON/ENF/1177/04
Ms Hathaway breached
this covenant as she stated in
her 7
June 2001 letter that "works
are now overdue", and
in her letter of 4 March 2003,
under
point
38 that repair works had
not been carried out for nine
years. Yet, the works were
only started in September
2004...
focusing on the construction
of the penthouse flat - see
Photo gallery |
Breach |
My
lease - Clause
5(2)(4) “To
insure and keep insured the building…and
in case of destruction of or
damage to the building or any
part thereof… to lay out
all monies received in respect
of such insurance … in
rebuilding and reinstating the
same…" |
Examples |
As Steel
Services no longer has control over
the whole, it cannot perform this
covenant in my lease (MRJ#47;
Prior events demonstrate
that the block has not been properly
insured (MRJ#
47; |
Breach |
My
lease - Clause
5(5)(b) “(The
lessor) to remove each day (excepting
Sundays) from the flat all domestic
refuse and rubbish…” |
Examples |
By means
of threat of proceedings, in her 28
February 2005 letter, Ms Hathaway
is endorsing her client's breach
of my lease |
Back
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Breach |
Money
Laundering Regulations / Proceeds
of Crime Act 2002
Money laundering is the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently
Section 413 - Criminal
conduct means any
conduct,
- (1)(a) wherever committed,
which constitutes an offence
or (b) which would do so under
UK law. Includes for example,
theft, criminal deception,
blackmail, extortion and fraud
- (4) - A person benefits from conduct if he obtains property or pecuniary advantage as a result of or in connection with the conduct
- (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
Section 414 - Criminal property - Property is criminal if it constitutes a person's benefit in whole or in part which include cost savings or increases in value or profits as a result of criminal conduct
Section 415 - Money laundering offences
- (1) An offence under section 327, 328 or 329 is a money laundering offence
- (2) (b) Aiding, abetting, counselling or procuring the commission of an offence specified in subsection (1)
Section 327 - Concealing - (1) a person commits a criminal offence if (a) conceals (b) disguises (c) converts (d) transfers criminal property
Section 328 - Arrangements - (1) A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person
Section 329 - Acquisition, use and possession of criminal property
Section 330 - Failure to disclose (1) A person commits if
- (2) he (a) knows or suspects (b) has reasonable for knowing or suspecting that another person is engaged in money laundering
- (3) the information came to him in the course of a business in the regulated sector
- (4) he does not make the required disclosure as soon as is practicable
Know
your customer -
Obligation on solicitors, accountants,
managing agents, etc., to know
their client - before, and
after taking on a client i.e. must keep information up-to-date, particularly evidence of identity and understanding of the client's business and activities
Knowing
receipt - "Dishonest
assistance to a trustee by
assisting, with knowledge,
in a fraudulent and dishonest
design on the part of the trustees” |
Examples
In my 'NON-LAWYER opinion' |
"Criminal
property"
"Criminal
conduct"
"Know your
client"
Clear evidence of breach by Portner and Jaskel LLP (Mr Jeremy Hershkorn and Mr Ahmet Jaffer) as it waited 16 months to clarify an identity issue about its client (Portner # 33 )
And, considering the evidence, Portner and Jaskel (Mr Daniel Broughton) ALSO breached this requirement (communicated by the Law Society to its members) in relation to the 10 February 2006 (bogus) "Notice" of disposal - as its client 'Steel Services' was NOT the controlling party of the asset offered - see Portner # 1 ; # 3 - 10 February 2006 bogus "Notice by landlord" ; Property Misdescriptions Act 1991 ; Headlessors ; Owners identity
(Assuming
that this section of the MLR was
in application in 2002) Over a
period of at least three months, Cawdery Kaye Fireman & Taylor, Martin
Russell Jones and Pridie
Brewster said to be acting
on behalf of Steel Services
when, in fact, the evidence
suggests that the company
did not exist. (Owners identity # 1 , # 2 ; CKFT # 1 )
“Knowing
receipt”
Martin
Russell Jones committed this
offence on the basis that, as
defined under Section 42 of the
Landlord & Tenant Act 1985,
a landlord is the trustee of
the account(s) in which tenants’ service
charge contributions are paid
- and on the basis of the offences
detailed in various parts of
this section - and more comprehensively
under Martin
Russell Jones. |
Breach |
Money
Laundering Regulations / Proceeds
of Crime Act 2002
Institute
of Chartered Accountants in England
and Wales (ICAEW) guidance
to accountants
"Someone
is engaged in money laundering under
the Act where they: .."Enter
into or become concerned
in an arrangement which they
know or suspect facilitates
(by whatever means) the acquisition,
retention, use or control
of criminal property by or
on behalf of another person;
And they know or suspect
that the property in question
constitutes or represents
a benefit from criminal
conduct"
"Property
is criminal property if ...it arises
from a failure to comply with
a regulatory requirement, where
that failure is a criminal offence"
"Knowledge
and suspicion - "Accountants...must
report knowledge or suspicions
of money laundering (whether
involving a client or other
party) to NCIS...This includes
circumstances where such
accountants should have been
suspicious (i.e., where they
have reasonable grounds for
suspicion) as well as where
they are suspicious"
"Knowledge is likely
to include: • Actual
knowledge; • Shutting one’s
mind to the obvious; • Deliberately
refraining from making inquiries,
the results of which one might
not care to have;• Knowledge
of circumstances which would
indicate the facts to an honest
and reasonable person
"Reporting -
Money laundering reports need
to be made irrespective of the
quantum of the benefits derived
from, or the seriousness of the
offence" |
Examples
In my 'NON-LAWYER opinion' |
THE COURTS CLAIMS = FRAUD TOOLS
|
Breach |
Money
Laundering Regulations / Proceeds
of Crime Act 2002
Royal
Institution of Chartered Surveyors (RICS)
- Additional
guidance
"It is a criminal offence
to enter into a become concerned
in an arrangement which you know
or suspect facilitates that acquisition,
retention, use or control of
criminal property"
"Criminal
property is...anything
which constitutes or represents
a person's benefit from criminal
conduct (directly
or indirectly) and you know
or suspect that it constitutes
or represent that benefit...."
"The Act introduces criminal
liability for failing
to disclose information when
there are reasonable grounds
for knowing or suspecting that
another person has engaged
in money laundering..then this
is sufficient to establish
guilt" |
Examples
In my 'NON-LAWYER opinion' |
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURT CLAIMS = FRAUD TOOLS
MRJ
sought improperly to recover monies
by way of service charges
which were not due and payable.
Martin Russell Jones
continued issuing documents to
West London County Court - and
to other leaseholders - namely
for the 24
June 2003 and 26
August 2003 hearing, falsely
claiming that I then owed £10,917
(US$19,250). These documents
deliberately set out to mislead
as Martin Russell Jones had
absolute knowledge that these
documents contained false statements
Martin Russell Jones
and CKFT aided and abetted their
client in obtaining criminal proceeds
as the Consent Order for £6,350
(US$11,200), endorsed by West London
County Court on 1
July 2004 represents an amount
I ended-up paying as a result
of their extortion and fraudulent tactics i.e. acts defined under
UK legislation as "criminal" -
was not due and payable |
Breach |
Money
Laundering Regulations / Proceeds
of Crime Act 2002
Law
Society, England and Wales -
Chapter 3 - Money Laundering
Regulations 2003
"...almost
all solicitors will now be within
the regulated sector..."
"Solicitors
may also wish to apply the requirements
of the ML Regulations 2003 across
the whole scope of their activities
in order to protect against the
committing of an offence under
the statutory criminal law"
"This law
applies even if the particular
activities are not “relevant
business” and, therefore,
are not covered by the ML Regulations
2003" |
Examples
In my 'NON-LAWYER opinion' |
THE COURTS CLAIMS = FRAUD TOOLS
|
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Breach |
Property
Misdescriptions Act 1991
Offence
of property misdescription -
Section 1(3) "A person
guilty of an offence under
this section shall be liable
(b) on conviction on indictment,
to a fine"
Section 1(5)(a)"false" means
false to a material degree"
Due
diligence defence - Section
2 - "A person shall
not be entitled to rely on
the defence...by reason of
his reliance on information
given by another unless he
shows that it was reasonable
in all the circumstances for
him to have relied on the information,
having regard in particular- (a)
to the steps which he took,
and those which might reasonably
have been taken, for the purpose
of verifying the information..." |
Examples
In my 'NON-LAWYER opinion' |
Mr Daniel
Broughton, Portner and Jaskel, on
behalf of his
client Mr Andrew Ladsky-Steel
Services has breached this Act
as:
(1) the 10
February 2006 so-called"notice" he
sent does not "contain particulars
of the property to which it relates" -
as his client had, 10 days previously sold
its headlease interests to
Lavagna Enterprises Limited.
(Perhaps, more accurately, 'six weeks previously', as the Land Registry document gives 15 December 2005 as the date of the transaction). Yet the description of the
property is a carbon copy of
previous notices e.g. 13
December 2000 when his
client had the headlease
interest on the last floor
of Jefferson House.
Mr Broughton evidently set-out
to deceive as he stated in his 3
April 2006 letter to me that
he "deliberately
omitted to include pages one
and two of the Land Registry title
for Steel Services" .
While it resulted in
supplying a list of flats,
without showing the name of
Steel Services, nor the address
- thereby breaching the Act,
the obvious reason for his
withholding the page is the
entry at the bottom of page
1": S.5 ...the air space...of
the roof of Jefferson House
has been removed from this
title"
As I pointed out in my 30
April 2006 (1.1MB) letter
to Mr Broughton, considering
that "I, a member of
the public – was able to
uncover the above information
about your client, and had written
to you twice to confirm the content
of the "notice", I
suggest that you will not be
able to use the “Due diligence
defence”
My non-lawyer conclusion
from S.1.3(b) this Act is that
Mr Broughton has committed a criminal
offence.
It follows that Mr Broughton
has also breached: (1) S.5(2)
of the L&T Act 1987; (2) several rules
of the Solicitors Code of conduct: Rule
26.01; Rule
12.02 - To act
lawfully; Principle
(d) - Repute
of solicitors; Principle
(e) - Standard of work
|
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Breach |
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"
‘Harassing’ someone
includes "alarming them
or causing them distress".
"The punishment
for harassment can be up to six
months’ imprisonment and/or
a fine of £5,000" |
Examples
In my 'NON-LAWYER opinion' |
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
Acting for Mr Andrew Ladsky, over a period of several weeks, Mr Jeremy Hershkorn, Portner and Jaskel, sent a massive amount of emails to my current website Host, threatening my Host with legal "proceedings and costs and damages" unless my Host closed down my website, by making highly libellous, scurrilous - unsupported - claims against me, stating "all of the allegations on [my] website are clearly untrue and therefore defamatory" (Portner # 2 ; My Diary 5 February 2007 )
Desperate to stop me from exposing the detail of my case, the corrupt Mr Jeremy Hershkorn had - also on behalf of Mr Ladsky - faxed a 3 October 2006 letter to my first website host, threatening my host with "proceedings for defamation and for substantial damages and costs" if it did not close down my website, making highly libellous - unsupported - claims against me that "[my website] contains suggestions that our client [Mr Ladsky] is guilty of criminal activities and fraud all of which are totally unsubstantiated, outrageous and false... Our client's reputation has been severely damaged..." (I can't stop laughing at that). Mr Hershkorn concluded the letter by stating "We will of course, take all appropriate steps to enforce any judgement obtained in the UK against you" (Portner # 2 ; My Diary 3 October 2006 )
Considering that, since the 27 February 2007 claim was filed against me (Portner # 6 ) ALL my documents to WLCC and Portner and Jaskel are based ENTIRELY on the contents of my website: If the claims on my website are "false", "outrageous", "unsubstantiated" and "defamatory" of 'the good character' of Mr Ladsky (I can't stop laughing at that): why, on 6 June 2008, has 'Rootstock' i.e. Mr Ladsky dropped "ALL" of his (second) fraudulent claim against me? (My Diary - 7 June 2008 ; 3 June 2008 (My (74 pg - 3 June 2008 Witness Statement) (4 pg - Main Points) ; Portner # 31 )
And further proof that the claim was fraudulent is the outrageous, preposterous excuse given by Portner for dropping the claim in its 11 August 2008 reply to my 22 July 2008 notice "it was found that the demand for ground rent and service charges served by the managing agent had given the incorrect identity and address for the landlord". My response knocking out this preposterous excuse is on page 5, under point 2.2 of my 26 August 2008 reply (key points: Portner # 33)
In October 2006 and subsequently, Mr Ladsky contacted my (now ex.) employer on numerous occasions, making some of the same outrageously libellous, scurrilous claims against me... and a lot more.
Mr Jeremy Hershkorn, then at Portner and Jaskel, who - acting for Mr Andrew Ladsky - in his 16 February 2007 letter, threatened me with "bankruptcy proceedings", forfeiture (taking the flat away from me), and "costs" if I did not immediately pay the FRAUDULENT sum of £8,937 (Portner # 3 ) (US$15,800) - to 'Rootstock Overseas Corp', a company I had never heard of (Portner # 15 )
The distress and anguish that this letter caused me was absolutely horrendous - principally because I had no knowledge of this part of the law - which is precisely what the evil, morally depraved, sociopaths, Mr Ladsky and Mr Hershkorn were counting on. By coincidence, on the day I took delivery of the letter, I met a friend in a store. I broke down in tears. That evening, the utter despair led me to think about the option of 'ending it all' but, my 'guardian angel' quickly pushed that thought out of my mind. I HAD to fight back against the 'mafia'; if not for me, then at least for other leaseholders who are going through a similar hell to mine - by being a trigger for change. There HAD to be a positive outcome to the horrendous suffering I have been made to endure since 2002.
Ignoring my 25 February 2007 reply in which I asked for clarification, Mr Jeremy Hershkorn, Portner and Jaskel, proceeded to file a claim against me in West London County Court on 27 February 2007 - Portner point # 3 ; WLCC # 1 - under a Statement of Truth - knowing full well that the claim against me was FRAUDULENT (Portner # 6.3 ). The horrendous hell was continuing.
The ongoing harassment of my website Host by Mr Hershkorn and his malicious letter of 16 February 2007 led me to write a letter of complaint against Portner and Jaskel LLP to the Law Society on 28 February 2007 asking for "appropriate action against your member" (Portner # 4 and # 5) (Of course, none was taken= continuation of my previous experience - and, considering events in relation to the 2007 claim = further confirmation of my conclusion of a 'CLAN')
My complaint to the Law Society led Mr Hershkorn to back-off, and Mr Ladsky to take-up the harassment of my website Host himself, by making several threatening phone calls to my Host - repeating the same libellous, scurrilous accusations, and the same threats.
Still unable to force my website Host to close down my website, in his rage at being exposed for what he is, Mr Ladsky asked 'his friends' at Kensington & Chelsea police to provide 'some assistance' by falsely claiming to my website Host that my website contains "anti-Semitic comments". On the basis on this libellous, scurrilous accusation, Mr Ladsky's 'friend' implied - without providing any evidence in support - in his highly libellous, scurrilous, racist and xenophobic emails of 16 March 2007 and 20 March 2007 to my website Host that I had 'committed a crime' and, for 'good measure', branded me "a Nazi" (My Diary - 20 March 2007)
Considering the conduct of Kensington and Chelsea police - Its 27 January 2003 letter in which it threatened me with "charges of harassment" following a complaint by Mr Andrew Ladsky, and stating that "the complaint has been fully recorded by the police" .
In my 11 February 2003 response I asked for "THE FACTS". I never received a reply.
Of course, Cawdery Kaye Fireman & Taylor also joined in on 'the act': letter of 4 February 2003.
These events took place just before the LVT hearing and were clearly intended to scare me, make me give-up (My Diary: 3 Jan 03 ; 20 Jan 03 ; 23 Jan 03 ; 5 Feb 03 )
The 27 September 2007 threatening letter from West London County Court demanding that I pay £1,700 (US$3,000) to "file a counterclaim" - knowing full well that it was an impossibility for me to do this (WLCC # 14 ). Evidence of an intention to cause me distress: following my challenging events: the subsequent contradicting explanations (WLCC # 22 , # 23 ) ; the three months plus silence that followed my 2 October 2007 letter to WLCC; silence broken by an Order dated 19 December 2007 - sent on 7 January 2008 (NB !!!) stating “The Defendant having failed to comply with the Court’s request by letter dated 27 September 2007 to pay the Counterclaim fee, the Counterclaim stands struck out” (WLCC # 23 )
The 9 April 2008 case management Order issued by District Judge Ryan, West London County Court, which makes no allowance for ensuring that I am provided with 'Rootstock' s evidence - in spite of having absolute knowledge that I have not been supplied with the information (WLCC # 28 ) And the subsequent 9 May 2008 rejection by District Judge Nicholson of my 30 April 2008 application for amendment to the timeline (WLCC # 30 ) This left me in the highly stressful and prejudiced position of having to write my 3 June 2008 (74pg) Witness Statement (4pg Main Points) without key information (My Diary 3 June 2008)
The Leasehold Valuation Tribunal refusing my 12 January 2003 request for a postponment of the 5 February 2003 hearing as Martin Russell Jones had not provided me with the required information - in breach of the directions issued by the tribunal (LVT # 2 , My Diary c. 17 January 2003 ) The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, sent me a dozen highly threatening, fraudulent, libellous letters, always "with costs" (Of course! ) - principally intended to force me to strike a deal with their client, Mr Andrew Ladsky i.e. make me pay monies that were not due and payable (CKFT # 5 ; WLCC # 10)
The bogus invoices from Martin Russell Jones: (1) 21 October 2004, stating a "Brought forward balance" of £14,452 (US$25,600) - with no explanation whatsoever. This was the same amount as the original, 17 July 2002 demand of £14,400 (US$25,400). Hence, it totally ignored the fact that I had accepted - and paid - the 21 October 2003 'offer' from 'Steel Services' - which had been sealed, 3 months previously, in the 1July 2004 consent order (CKFT # 4 ; WLCC # 12 ; # 13 ) ; (2) three weeks later, another invoice, dated 16 November 2004, this time with a "Brought forward balance" of £15,447 " (US$27,300) - likewise, with no explanation whatsoever (MRJ # 18 ) In my 19 December 2003 correspondence to Cawdery Kaye Fireman & Taylor I accepted 'Steel Services' ' offer ' of £6,350 (US$11,200) in settlement of my share of the costs for the 'major works' (i.e. the original demand of £14,400 (US$25,400) - except the demand for £143 (US$250) of interest - and included full payment with my reply . (For reasons, see West London County Court and My Diary from 16 June 2003 to 26 August 2003 ) (Re. the issue of interest, see also Mr Gallagher #8 and Piper Smith Basham # 7.3 )
Evidence of this is that Ms Ayesha Salim, CKFT, had stated, 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 . Consequently, with the previous payment I had made following the 26 August 2003 hearing, I paid a total of £6,350 (US$11,200) (which I did NOT owe). Wandsworth County Court endorsed the document sealing the agreement on 1 July 2004
In my letter of 31 December 2003 , I wrote to Ms Hathaway, Martin Russell Jones informing her of this payment.
Although obvious to me that the 21 October 2004 and 16 November 2004 invoices were malicious acts motivated by revenge for my challenging the service charge demand - and therefore I did not pay them - they caused me an enormous amount of distress and anguish - which, of course was the intention (Home page # 4.15 ) - leading me to cancel my Christmas holiday (My Diary - End 2004 ). The next invoice, 14 months later, was 'mysteriously' £10,250 less: 9 January 2006: £5,625 (US$9,900) (Martin Russell Jones # 18 )
The 20 September 2002 reply to my request for information from Ms Hathaway, MRICS, Martin Russell Jones was: “…we have to require payment by return..if payment is not made now our client, Steel Services will have no alternative other than to instruct solicitors to commence legal proceedings to obtain payment” ( MRJ # 25 , # 26 )
Letters from e.g. Leaseholder C and Leaseholder M, and other events demonstrate that the intimidation tactics used by Cawdery Kaye Fireman & Taylor / Martin Russell Jones / Portner and Jaskel LLP worked in relation to some of the other leaseholders (MRJ # 25 , # 26 ; LVT # 8.1.2 ; Other Residents ; Elderly Resident)...
... as does the 23 May 2003 application to WLCC by Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor, which provides undeniable evidence that leaseholders were made to pay monies NOT due and payable "The Claimant has obtained judgment or settled proceedings against all Defendants, except the following: 1st., 2nd., 5th. and 7th. Defendants" (CKFT # 6.3 ; Lord Falconer of Thorton # 1 ) ...
...as does the experience of the 5th Defendant in Wandsworth County Court (Lord Falconer of Thoroton # 6 )
...as do the accounts: In breach of the terms of the lease, and of their statutory rights, 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 ) - see Section 17 of the Theft Act 1968 - False accounting
The 4 August 2004 letter from Mr Barrie Martin, FRICS, Martin Russell Jones, in which he wrote that “[I] refused to pay [my] contribution and this resulted in the proceedings before the LVT which of course resulted in the considerable delay in the commencement of the work” While this claim is quite clearly defamatory, libellous and scurrilous, I suspect that this ‘story’ was fed to other residents. I replied on 11 August 2004. (MRJ #25)
The 21 January 2004 letter from Ms Lisa McLean, Piper Smith Basham/Watton, in which - with the aim of causing me anguish and distress - she falsely claimed "There is also of course the outstanding issue of the concluded agreement" - in a desperate attempt to close the 'behind the scene' deal with CKFT i.e. Mr Ladsky (PSB # 4 , # 7.13.1 , # 7.13.2 , 7.13.3 , # 7.14 ; CKFT # 6.8 ; My Witness Statement at 19 October 2003)
The deceit, threats, bullying and coercion in the stream of emails in September 2003 from Ms Lisa McLean, Piper Smith Basham - in collusion with Ms Ayesha Salim, CKFT, and Mr Barrie Martin, FRICS, and Ms Joan Hathaway, Martin Russell Jones - intended to stop me from proceeding with my 20C application - thereby allowing 'Steel Services' to charge its LVT related costs to Jefferson House's leaseholders. Ms McLean went as far as saying "Were I the representative for the landlord armed with this knowledge, I would seek costs against you on an indemnity basis" (She WAS acting AS "the representative of the landlord" - while getting me to pay her fees to 'act FOR me') They succeeded in achieving their objective (PSB # 7.19, #7.18.2, #7.18.5 ; CKFT # 6.9 ; Martin Russell Jones # 43)
This was an unbelievably traumatic experience. I went through absolute, sheer utter hell during that time - My Diary Sep 2003 - 20C application
The 29 November 2002 claim ( WL 023 537) filed in West London County Court by Cawdery Kaye Fireman & Taylor - FALSELY - stating in the Particulars of Claim (1.1MB) that "[I] have failed to pay the service charges... that they are now due and owing from [me] to the Claimant." and include a 'Statement of Truth' signed by Ms Joan Hathaway, MRICS, Martin Russell Jones which states: "The Claimant believes that the facts stated in this Claim Form are true" (CKFT # 2 , # 3 ) (NB: Endorsement of the witness statement by Ms Hathaway, a 'managing agent' - amounts to a very serious breach of CPR - My Diary 9 March 2007)
The Particulars of claim are FALSE given that:
- the tribunal had, one month previously, specifically told me (and other leaseholders to NOT pay the service charge);
- seven months LATER, the outcome of the 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) was a reduction of nearly 70% (incl. the contingency fund) in the original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (see also LVT # 4 ; Pridie Brewster # 2 , # 3 , # 5 , # 8 , # 10 , # 12 , # 13 , # 17 , # 18 , # 19 , # 20 )
- the service demand breached statutory requirements: L&T 1985 - section 20(3)(a); 20(3)(b); 20(4)(e) - as amply demonstrated by the tribunal's 17 June 2003 determination (Stan Gallagher # 1.7 )
- the demand was in breach of the terms of my lease - Clause 2(2)(c)(ii); 2(2)(e); 2(2)(g)(i); 2(2)(j) (Stan Gallagher # 1.6 )
THE COURTS CLAIMS = FRAUD TOOLS
PERSECUTION by West London County Court in 2003 - 2004 and by Wandsworth County Court in 2004 (in addition to the events with the claim)
- The 21 March 2003 Order from WLCC WRONGLY telling me that a Charging order hearing concerned me - and continuing to do so when challenged - causing me an unbelievable amount of distress and anguish (WLCC # 5 ; Lord Falconer # 1)
- WLCC WRONGLY telling me on 18 March 2004 that a judgment has been entered against me (Lord Falconer # 2 )
- WLCC ignoring instructions, leading me to miss the 28 May 2004 hearing - with catastrophic consequences as the ensuing order stated that the claim against me was "stayed" i.e. just suspended (WLCC # 3 ) I was so distraught that I could not stop myself from crying in the street (Lord Falconer # 4) AND when I went to WLCCC to get a copy of the transcript, it initially DENIED that a hearing had taken place (Lord Falconer # 5.2 )
- In spite of WLCC having absolute knowledge that agreement has been reached with 'Steel Services', in its 9 June 2004 Notice WLCC WRONGLY informed me that I was the defendant in a trial - without giving any detail. In spite of being challenged, after 10 days of unbelievable anguish, torment and distress, Wandsworth County Court, to which my file had been transferred, still maintained that the trial concerned me. Eventually it sent me this 23 July 2004 letter stating that I am "not required to attend" - and in the process treats me like an illiterate idiot (WLCC # 14 ; Lord Falconer # 5. 1)
With the assistance of Cawdery Kaye Fireman & Taylor, Martin Russell Jones continued issuing - FALSE - documents to West London County Court - and to other leaseholders - namely for the 24 June 2003 (WLCC # 7 ; # 8 ) and 26 August 2003 (WLCC # 9 ; # 10 ) hearing, FALSELY claiming that I then owed £10,917 (US$19,250). Consequently, they FALSELY portrayed me to the court - and more importantly in documents that are in circulation in the public domain - as a dishonest individual who defaults on her obligations.
Continuation of the GAMES and the LIES in 2007-2008 by Portner and West London County Court - snapshot in My Diary 11 November 2008
THE COURTS CLAIMS = FRAUD TOOLS The impact on me of the sheer, utter hell - instigated and driven by Mr Andrew Ladsky - I have been made to endured by:
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor ; Ms Lisa McLean and Mr Richard Twyman, Piper Smith Basham/Watton ; Mr Stan Gallagher ; Ms Joan Hathaway, MRICS, and Mr Barrie Martin, FRICS, Martin Russell Jones ; Mr Brian Gale , MRICS ; Mr Jeremy Hershkorn, Mr Ahmet Jaffer and Mr Daniel Broughton, Portner and Jaskel e.g. My Diary
- In relation to some of the court hearings: 16 June 2003 ; 17 June 2003 , 22 June 2003 , 24 June 2003 , 9 August 2003 , 26 August 2003 , 4 September 2003 , 24 August 2007 ; All the section on Lord Falconer of Thoroton)
- In relation to my 20C Application: September 2003
- In relation to the 'offer' from 'Steel Services': 28 October 2003 , 11 November , 12 November , 13 November , November 2003 , Christmas 2003 (see also PSB # 7.13 and sub-points ; # 7.15 ; # 7.18.3 , # 7.19 , # 7.20 ; CKFT # 5 Mr Gallagher # 12)
- Following the very large, unsupported, bogus service charge demands, as the implication was that I was 'back to square one' after two years of sheer utter hell: End of 2004
- Some of my 'bigger downs' on the emotional roller coaster 16 June 2006 and 20 August 2006
- Following the threat of bankruptcy and of forfeiture of my flat, and the fraudulent claim filed against me: 11 March 2007
- A lot more took place in 2007, which I did not record in my online Diary [ADD].
Added to the trauma of being a victim of fraud - (THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS) - being dragged through the courts (I am an honest, law abiding person who had never set foot in a court) - must added the very traumatic treatment I suffered from West London County Court, as well as Wandsworth County Court in 2002-2004 - My Diary 19 June 2005 ; Lord Falconer of Thoroton point # 4 and # 5 - and similar treatment in 2007-2008: West London County Court - Post 2004...
...and the treatment by Kensington & Chelsea police in 2002, 2003, and in 2007: My Diary 20 March 2007...
...as well as my battle with Kensington & Chelsea Housing and the Local Government Ombudsman in 2004 and 2005..
...and my battle with the the Leasehold Valuation Tribunal in 2003
Not to mention my soul-destroying battles with the so-called 'regulators': the Law Society (CKFT, Piper Smith Basham, Portner and Jaskel), Bar Council (Stan Gallagher) and the Legal Services Ombudsman ; Institute of Chartered Accountants in England and Wales (Pridie Brewster) ; Royal Institution of Chartered Surveyors (Martin Russell Jones)
SUMMARY of my soul-destroying battles: My Diary 6 May 2008
...has been ABSOLUTELY HORRENDOUS. AN ONGOING MENTAL TORTURE SINCE 2002. This is a breach of my Human Rights, under Article 3 of the Human Rights Act 1998
"Prohibition of torture - No one shall be subjected to torture or to inhuman or degrading treatment or punishment"
I AM THE VICTIM OF ORGANISED CRIME. Yet, I have, and continue to be treated as though I am the criminal... and the criminals have been - and continue to be treated as though they are the victims.
Mr Ladsky contacting the Tenancy Relations Officer, Kensington & Chelsea Housing, I had approached for assistance, demanding that he hands over to him "all the correspondence" I had sent (My Diary 5 November 2005)
Harassment at work:
Ongoing harassment in the flat e.g.:
- Malicious leaks in my flat: my bathroom on 11 March 2002 and 18 August 2005 and, ten days previously, in my bedroom on 8 August 2005 - see Photo gallery bathroom, bedroom ; a leak that narrowly missed my flat on 6 February 2007 : Photo gallery corridor by my flat - and one that definitely did not miss my flat (My Diary 20 July 2007)
- Hosing of my windows hosed in the early hours of the morning: 6 September 2005, 4 October 2005, 7 April 2006, 4 September 2006; in February 2008 ; 9 January 2009
- Object
thrown at my windows late at night: (My Diary - 15
February 2002 and 3
April 2002 )
- Pressing my door bell late at night (leading me to disconnect it) (captured in 5 May 2002 letter to Sir Toby Harris, then head of the Metropolitan Police Authority)
- Anonymous phone
calls to my home: (My Diary - 17
February 2002; 19
February 2002 ; Kensington & Chelsea police # 1 )
- Electricity cut off only in my flat (My Diary - 8 July 2006), as well as water (My Diary - 21 August 2005)
- Electricity cut-off only in my flat, as well as four other flats that are under the control of the headlessor - My Diary 8 March 2009
- No hot water and no heating in my flat - for 3 days, starting on Christmas day 2007; for several days in March 2009
- No hot water and no heating for 5 days during the Easter break of 2003 (My Diary Easter break 2003)
- Mobile phone signal cut-off for two weeks (My Diary - 15 May 2008)
- Neglect and misuse of the areas around my flat (My Diary - 15 May 2008)
- Mr Andrew Ladsky telling me "I am going to get you this year" (My Diary 3 January 2003)
- Other instances
of harassment
and intimidation in
2002 - (Kensington & Chelsea police # 1 ) captured in 5 May 2002 letter to Sir Toby Harris, then head of the Metropolitan Police
Authority
Other forms of persecution:
- the 3 mobile phone network preventing me from transferring my mobile number to another network (My Diary 29 December 2008)
- threatening 'message' on my mobile phone voicemail (My Diary on 2 January 2009
Fear for my safety (as I very clearly cannot rely on the police for protection), and the anguish of being in the flat meant that I was staying in the office until very late at night, including at weekends. Eventually, in April 2007, I started to rent a room in East London, and did this until November 2007. Before reintegrating the flat, I spent a substantial sum of money on making it more secure. Of course, it does not provide me protection against the various forms of harassment. But, at least, I no longer feel the need to sleep all dressed up and with a knife by me in the bed (My Diary - 2 August 2006)
My being followed / monitored since
at least 2003 e.g. events
for which I have a witness 26
October 2003; 1st
June 2005; 25 October 2007. Other examples:
the same man on
10
September 2005; 27
February 2006; 18
March 2006 and
24
April 2006
By 'amateurs' e.g. 16
July 2005; 26
August 2005; 21
December 2005; 25
December 2005; 15
January 2006; 19
April 2006; 16
May 2006
By another type (usually displaying
extreme arrogance and sense of superiority),
which, while it has some experience
of following people - it is not all
that great as I have tricked them
on numerous occasions e.g. 4
January 2006 and 15
January 2006; 2
August 2006,
30
July 2006 much to their
annoyance e.g. Rest
of week beginning 23 January
2006, at times, to the
extent of taking retaliatory
action e.g. 1
August 2006
At times, the intention has been to scare me, intimidate me; taking revenge e.g.
Four men, after midnight, waiting in a parked car, in a deserted street, wating for me to arrive, on my own. As I was about to cross the - dead-end - street, they started the car and drove it straight at me - My Diary 1 August 2006
I was ambushed by a man when I was on my own, in a deserted street, after midnight -19 April 2006
On another occasion, after midnight, in a deserted alley, a man, hiding in dark recesses, came straight at me - 23 August 2006
I have found myself in situations of being 'hunted' / encircled - 26 February 2006 ; 17 March 2006 ; 22 March 2006
Hosing of my windows at 01h00 am and 02h45 am - 7 April 2006 ; 4 September 2006
I hold the view that Mr Andrew Ladsky incriminated himself on 19 April 2005 as being, at least, one of the people having me followed, by telling me "you are mad" and to "go and see a psychiatrist". On that day I had seen a therapist I had not seen in over two years. I give the events on 19 April 2006 and 16 May 2006 as providing additional supporting evidence of involvement by Mr Ladsky
However, there are DEFINITELY other parties behind - My Diary home, including mobile phones; also 13 April 2008 for media reports on people being spied on, and government resources
My post being intercepted (which is a criminal offence under section 83 of the Postal Services Act 2000) forcing me to open a PO Box (My Diary May 2003) - and the highly distressing events that folowed (My Diary 1 July 2006 , 2 November 2006 , 4 and 5 November 2006 , 7 November 2006 )
(See also related:
Harassment by Mr Andrew Ladsky of the person who was running the Residents Association at Jefferson House (see also Notices by landlord - 13 December 2000)
Harassment by Mr Ladsky of other residents through "unprovoked direct verbal and other abuse by Mr Ladsky" "He acted like a petty tyrant, and I am not afraid to put on record that I believe that he is capable of any unscrupulous actions in order to achieve his aims" (1 November 2002 letter), etc; of the Elderly Resident. And 'perhaps' of Resident K (There is something 'very fishy' about events with this resident).
Harassment of Nucleus Citizens Advice Bureau
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Breach |
Theft Act 1968 / Theft (Amendment) Act 1996
From the Act, definition of 'deception' for section 15: "...‘deception’ means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person"
Section 15 - Obtaining property by deception (NB: From 15 January 2007, superseded by the Fraud Act 2006)
(2) "...a person is to be treated as obtaining property is he obtains ownership, possession or control of it , and 'obtain' includes obtaining for another or enabling another to obtain or retain "
Examples s.15
Section 15A - Obtaining a money transfer by deception (NB: From 15 January 2007, superseded by the Fraud Act 2006)
Theft (Amendment) Act 1996 - 15A
"(1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another
(2) A money transfer occurs when (a) a debit is made to one account; (b) a credit is made to another, and (c) the credit results from the debit or the debit results from the credit
(5) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years"
Examples s.15A
Section 16 - Obtaining pecuniary advantage by deception (NB: From 15 January 2007, superseded by the Fraud Act 2006)
(1) “… by any deception dishonestly obtaining for… another any pecuniary advantage…”
Examples s.16 Section 17 - False accounting - "offence
to conceal or falsify any account
required for accounting purposes"
(2) "... a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document"
False accounting is regarded as a serious offence under the Act and carries a maximum penalty of seven years’ imprisonment.
Examples s.17 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..."
Examples s.21 Section 24
A - Dishonestly retaining a wrongful credit
Theft (Amendment) Act 1996 - 24A
"(1) A person is guilty of an offence if-
(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
(b) he knows or believes that the credit is wrongful; and
(c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.
(4) A credit to an account is also wrongful to the extent that it derives from - (b) an offence under section 15A of this Act; (c) blackmail (NB: From 15 January 2007, under the Fraud Act 2006, (as with subsection 3), replaced by subsection "2A - A credit to an account is wrongful to the extent that it derives from... (b) blackmail...")
(6) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years"
Examples s.24A |
Examples
In my 'NON-LAWYER opinion' |
Section 15 - Obtaining property by deception (NB: From 15 January 2007, superseded by the Fraud Act 2006)
THE COURTS CLAIMS = FRAUD TOOLS
ATTEMPTED DECEPTION: The bogus invoices from Martin Russell Jones: (1) 21 October 2004, stating a "Brought forward balance" of £14,452 (US$25,600) - with no explanation whatsoever. This was the same amount as the original, 17 July 2002 demand of £14,400 (US$25,400). Hence, it totally ignored the fact that I had accepted - and paid - the 21 October 2003 'offer' from 'Steel Services' - which had been sealed, 3 months previously, in the 1July 2004 consent order (CKFT # 4 ; WLCC # 12 ; # 13 ) ; (2) three weeks later, another invoice, dated 16 November 2004, this time with a "Brought forward balance" of £15,447 " (US$27,300) - likewise, with no explanation whatsoever (MRJ # 18 )
In my 19 December 2003 correspondence to Cawdery Kaye Fireman & Taylor I accepted 'Steel Services' ' offer ' of £6,350 (US$11,200) in settlement of my share of the costs for the 'major works' (i.e. the original demand of £14,400 (US$25,400) - except the demand for £143 (US$250) of interest - and included full payment with my reply . (For reasons, see West London County Court and My Diary from 16 June 2003 to 26 August 2003 ) (Re. the issue of interest, see also Mr Gallagher #8 and Piper Smith Basham # 7.3 )
Evidence of this is that Ms Ayesha Salim, CKFT, had stated, 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 . Consequently, with the previous payment I had made following the 26 August 2003 hearing, I paid a total of £6,350 (US$11,200) (which I did NOT owe). Wandsworth County Court endorsed the document sealing the agreement on 1 July 2004
In my letter of 31 December 2003 , I wrote to Ms Hathaway, Martin Russell Jones informing her of this payment.
See also
Back to Theft Act sections Section 15A - Obtaining a money transfer by deception (NB: From 15 January 2007, superseded by the Fraud Act 2006)
Given the examples contained in
THE COURTS CLAIMS = FRAUD TOOLS
Letters from e.g. Leaseholder C and Leaseholder M, and other events demonstrate that the intimidation tactics used by Cawdery Kaye Fireman & Taylor / Martin Russell Jones / Portner and Jaskel LLP worked in relation to some of the other leaseholders (MRJ # 25 , # 26 ; LVT # 8.1.2 ; Other Residents ; Elderly Resident)
Back to Theft Act section Section 16 - Obtaining pecuniary advantage by deception (NB: From 15 January 2007, superseded by the Fraud Act 2006)
THE THREAT OF FORFEITURE, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
In 2002, Ms Joan Hathaway, Martin Russell Jones was demanding from leaseholders, the sum of £736,000 (US$1.3 million) - under the threat of prosecution (e.g. letter to me of 20 September 2002 and of 24 September 2002 to another leaseholder) - as well as receiving money on behalf of Steel Services when, in fact, the evidence suggests that Steel Services did not exist (Owners identity; MRJ # 24 )
During the same period, in his 7 October 2002 letter, Mr Lanny Silverstone, CKFT, was threatening me with forfeiture and prosecution unless I immediately paid the sum of £14,400 (US$25,400) - thereby attempting to enforce the £736,000 (US$1.3 million) service charge demand sent by Ms Hathaway (Owners identity; CKFT # 6.9 , # 1 , # 6.2 )
It also follows that the same applies to Pridie Brewster: for a period of time, it was claiming to be acting on behalf of Steel Services when, in fact, the evidence suggests that it did not exist (Owners identity; Pridie Brewster # 14 )
The outcome of the 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) was a reduction of nearly 70% (incl. the contingency fund) in the original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (LVT # 4 )
The 23 May 2003 application to WLCC by Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor, provides undeniable evidence that leaseholders were made to pay monies NOT due and payable "The Claimant has obtained judgment or settled proceedings against all Defendants, except the following: 1st., 2nd., 5th. and 7th. Defendants" (CKFT # 6.3)... as do the accounts - see Section 17 - False accounting In breach of leaseholders' statutory rights, the determination was not implemented. In his 2 August 2004 letter, Mr Barrie Martin, FRICS, Martin Russell Jones, informed "All Lessees" of the appointment of a new contractor, Mansell Construction Services. Deceptively, Mr Martin did not included the 11% management fee and VAT. The total sum demanded is in fact £669,937 (US$1.181 million) making a difference of only £66,269 (US$113,732) relative to the original sum demanded of £736,206 (US$1.3 million) - or 9% less (when in fact it should be less 68%). (MRJ # 13 , # 17 )
Ms Hathaway, MRICS, and Mr Barrie Martin, FRICS, Martin Russell Jones, and Mr Brian Gale, MRICS, lied to the leaseholders of Jefferson House, and to the tribunal, by claiming that the works were just repair and maintenance, when, in fact they entailed the addition of a penthouse flat and 3 others flats (Major works ; Photo gallery )
(a) Ms Hathaway, wrote in her 30 August 2002 letter to me: "We are informed that there is no intention to build the penthouse at the current time"
(b) The letter 'from', Ms
Hathaway, MRICS, of 4
March 2003 -
supplied as part of the evidential
documents to the tribunal in which she stated "...regarding the proposed penthouse .although the planning permission was granted it was subsequently found that the scheme was not a viable proposition...there are no plans to build the penthouse at the property" (Planning applications ; MRJ # 9 , # 12 , # 13 )
(c) The 13
December 2002 "Expert
witness" report from Mr Brian Gale, MRICS, to the LVT: "I am able to categorically state that the Specification makes NO provisions for any construction of an additional floor nor any future requirement in the building to create a penthouse flat" (Planning applications ; Mr Brian Gale )
(d) Mr Brian Gale's identified "defects" and "remedies" during his "condition survey" - and his interpretation in practice (2.4MB)
(e) Mansell - Mr Brian Gale who described the works as including "replacing asphalt roof" (Planning applications , Mansell )
(e) Mr Barrie Martin, FRICS, Martin Russell Jones, in his 14 July 2004 letter to me: "External repair and redecoration work plus internal refurbishment of common parts"
V.

Jefferson House July 2002 |
|

Jefferson House September 2005 |
In breach of the terms of the lease, and of their statutory rights, 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 ) (See also S.17 False Accounting)
This is the reason why Martin Russell Jones did not want to supply me with a copy of the accounts for 2002 and 2003 (Pridie Brewster # 1 ). When I finally obtained them , following a battle, firstly with Kensington & Chelsea housing, and secondly with the Local Government Ombudsman, the section on the contributions paid by the leaseholders was withheld (LGO # 7 )
See also:
Back to Theft Act sections Section 17 - False accounting
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events, as well as evidence - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
As a result of being copied on my 30 March 2005 letter to Ms Hathaway, MRICS, Martin Russell Jones, Mr Roger Clement, accountant, Pridie Brewster, replied in his 15 April 2005 letter that he was not aware of the 17 June 2003 LVT determination. In my 17 April 2005 correspondence I supplied him with 48 evidential documents. I followed this by another letter of 9 May 2005. (PB # 3 )
As, 3 months later, Mr Clement had not acknowledged either of my letters, on 19 July 2005, I contacted the Institute of Chartered Accountants in England and Wales (ICAEW) asking for assistance (PB # 4 ).
From there ensued a one year battle with the ICAEW (PB # 5 - # 17 ) which argued against my position, while acknowledging that Pridie Brewster was breaching covenants in my lease (PB # 8) - (which is further evidenced by the "2006 Estimated expenditure for Steel Services" (PB # 20) ).
In its 29 August 2006 letter, the ICAEW also confirmed that the 17 June 2003 LVT determination had NOT been reflected in the accounts.
Outcome: In breach of the terms of the lease, and of their statutory rights, 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 )
In addition to assessing the 2003 accounts as deficient, the ICAEW said to be of "the opinion" that the 2005 accounts would be "key" in addressing major questions about the costs of the major works - and the contributions by the leaseholders.
In its 29 August 2006 letter, the ICAEW returned a verdict of "no malpractice" by Pridie Brewster that flew in the face of the evidence. To top it all, the ICAEW placed the responsibility 'on me' for performing Pridie Brewster's obligations (PB # 19 )
In breach of the terms of my lease, and of my statutory rights, I have not been supplied with accounts for Jefferson House since 2004. However, it can be safe to assume that the accounts have not been restated.
This is to be added to the fact that they are not compliant with the terms of my lease.
Hence, the accounts for Jefferson House - on which service charge demands are based - are FALSE
See also
Back to Theft Act sections
Section 21 - Blackmail
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
For a comprehensive overview of surrounding events - see my 3 June 2008 (74 pg) Witness Statement; (4pg Main Points)
Mr Jeremy Hershkorn, then at Portner and Jaskel, who - acting for Mr Andrew Ladsky - in his 16 February 2007 letter, threatened me with "bankruptcy proceedings", forfeiture (taking the flat away from me), and "costs" if I did not immediately pay the FRAUDULENT sum of £8,937 (Portner # 3 ) (US$15,800) - to 'Rootstock Overseas Corp', a company I had never heard of (Portner # 15 )
Ignoring my 25 February 2007 reply in which I asked for clarification, Mr Jeremy Hershkorn, Portner and Jaskel, proceeded to file a claim against me in West London County Court on 27 February 2007 - Portner point # 3 ; WLCC # 1 - under a Statement of Truth - knowing full well that the claim against me was FRAUDULENT (Portner # 6.3 )
Evidence that the 27 February 2007 claim filed against me was fraudulent is that, on 6 June 2008, 'Rootstock' i.e. Mr Andrew Ladsky dropped "ALL" of his (second) fraudulent claim against me (My Diary - 7 June 2008 ; 3 June 2008 (My (74 pg) - 3 June 2008 Witness Statement) (4 pg - Main Points) ; Portner # 31 )
The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
The 20 September 2002 reply to my request for information from Ms Hathaway, MRICS, Martin Russell Jones was: “…we have to require payment by return..if payment is not made now our client, Steel Services will have no alternative other than to instruct solicitors to commence legal proceedings to obtain payment” ( MRJ # 25 , # 26 )
The 29 November 2002 claim ( WL 023 537) filed in West London County Court by Cawdery Kaye Fireman & Taylor - FALSELY - stating in the Particulars of Claim (1.1MB) that "[I] have failed to pay the service charges... that they are now due and owing from [me] to the Claimant." and include a 'Statement of Truth' signed by Ms Joan Hathaway, MRICS, Martin Russell Jones which states: "The Claimant believes that the facts stated in this Claim Form are true" (CKFT # 2 , # 3 ) (NB: Endorsement of the witness statement by Ms Hathaway, a 'managing agent' - amounts to a very serious breach of CPR - My Diary 9 March 2007)
The Particulars of claim are FALSE given that:
- the tribunal had, one month previously, specifically told me (and other leaseholders to NOT pay (pg 5) the service charge);
- seven months LATER, the outcome of the 17 June 2003 LVT/SC/007/120/02 determination (ref #992 on the LVT database) was a reduction of nearly 70% (incl. the contingency fund) in the original sum demanded, from £736,206 (US$1.3 million) down to £235,947 (US$416,000) (see also LVT # 4 ; Pridie Brewster # 2 , # 3 , # 5 , # 8 , # 10 , # 12 , # 13 , # 17 , # 18 , # 19 , # 20 )
- the service demand breached statutory requirements: L&T 1985 - section 20(3)(a); 20(3)(b); 20(4)(e) - as amply demonstrated by the tribunal's 17 June 2003 determination (Stan Gallagher # 1.7 )
- the demand was in breach of the terms of my lease - Clause 2(2)(c)(ii); 2(2)(e); 2(2)(g)(i); 2(2)(j) (Stan Gallagher # 1.6 )
With the assistance of Cawdery Kaye Fireman & Taylor, Martin Russell Jones continued issuing - FALSE - documents to West London County Court, for the 24 June 2003 (WLCC # 7 ; # 8 ) and 26 August 2003 (WLCC # 9 ; # 10 ) hearing, FALSELY claiming that I then owed £10,917 (US$19,250).
Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, sent me a dozen highly threatening, fraudulent, libellous letters, always "with costs" (Of course! ) - principally intended to force me to strike a deal with their client, Mr Andrew Ladsky i.e. make me pay monies that were not due and payable (CKFT # 5 ; WLCC # 10)
Being placed under an unbelievable amount of stress, for the sake of my health (My Diary - 28 October 2003 , 11 November , 12 November , 13 November , November 2003 , Christmas 2003), in my 19 December 2003 correspondence to Cawdery Kaye Fireman & Taylor I accepted 'Steel Services' ' offer ' of £6,350 (US$11,200) in settlement of my share of the costs for the 'major works' (i.e. the original demand of £14,400 (US$25,400) - even though, legally, I did not owe this sum . Wandsworth County Court endorsed the document sealing the agreement on 1 July 2004
Letters from e.g. Leaseholder C and Leaseholder M, and other events demonstrate that the intimidation tactics used by Cawdery Kaye Fireman & Taylor / Martin Russell Jones / Portner and Jaskel LLP worked in relation to some of the other leaseholders (MRJ # 25 , # 26 ; LVT # 8.1.2 ; Other Residents ; Elderly Resident)
The 9 January 2006 service charge demand from Ms Hathaway, stating a "Half-yearly service charge in advance" of £815 (US$1,435), based on "Steel Services estimated expenditure for 2006" - which covers all the flats when, in fact:
- (1) three weeks previously, Steel Services had sold its leasehold interest on the last floor of Jefferson House to Lavagna Enterprises. The penthouse flat was a lessee of Lavagna Enterprises (Headlessors)
- (2) three new flats were added ( #18A , # 33A and # 35A ) in the course of the "repair and maintenance works" ( Summary slide ; Headlessors ; Pridie Brewster # 12 )
The deceit, threats, bullying and coercion in the stream of emails in September 2003 from Ms Lisa McLean, Piper Smith Basham - in collusion with Ms Ayesha Salim, CKFT, and Mr Barrie Martin, FRICS, and Ms Joan Hathaway, Martin Russell Jones - intended to stop me from proceeding with my 20C application - thereby allowing 'Steel Services' to charge its LVT related costs to Jefferson House's leaseholders. Ms McLean went as far as saying "Were I the representative for the landlord armed with this knowledge, I would seek costs against you on an indemnity basis" (She WAS acting AS "the representative of the landlord" - while getting me to pay her fees to 'act FOR me'). They succeeded in achieving their objective (PSB # 7.19, #7.18.2, #7.18.5 ; CKFT # 6.9 ; Martin Russell Jones # 43
See also
Back to Theft Act sections Section 24 A - Dishonestly retaining a wrongful credit
In light of the above: ditto in terms of the breach of this section of the Act
(See also related to the Theft Act sections:
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Bullying |
Definition
sourced from four different English
dictionaries, as well as the website
of charity organisations who deal
with this particular issue:
“To intimidate or badger
with threats”;
“Bully – a person
who hurts, persecutes, or intimidates
weaker people, especially to
make him / her do something”;
“The act of intimidating
a weaker person to make them
do something”;
“A bully is an individual
who tends to torment others.
Bullying is generally seen as
a form of harassment”
|
Examples |
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
West London County Court that, in 2007, falsely claimed that I had filed a counterclaim; demanded I pay £1,700 and gave me three working days to do this - and subsequently, with the assistance of Her Majesty Court Service, attempted to cover it through deceit - point # 18 my complaint to the Court Service , point # 19 repeating the main points in my complaint, point # 23 and point # 22 highlighting the deceit and cover-up by WLCC and the Court Service
West London County Court's actions in 2002 - 2004 that pursued the claim against me (and 10 other leaseholders - representing in total 14 flats) in the full knowledge that: (1) an abuse of process of court was taking place ; (2) the Particulars of claim were false; (3) proceeded to issue judgement/s against some of my fellow leaseholders - before the LVT issued its determination ; (4) to the very end, ignored my repeated claim that 'Steel Services' had not implemented the 17 June 2003 LVT determination
The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
Cawdery Kaye Fireman & Taylor drawing-up the - FALSE - claim against me and 10 other leaseholders - representing 14 flats - when, one month previously, during the 29 October 2002 pre-trial tribunal we, the leaseholders, had been told to NOT pay until the tribunal had issued its determination and it had been implemented. In support of this, we were given a leaflet which, on page 5 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"
Among others, CKFT's client, Mr Andrew Ladsky, and Ms Hathaway were in attendance at this pre-trial hearing. One month later, Ms Hathaway filed the claim in West London County - under a Statement of Truth (1.1MB) (As she is the managing agent, it amounts to a very serious breach of Civil Procedure Rules by West London County Court - point # 23 )
Mr Jeremy Hershkorn, Portner and Jaskel who, in February 2007 - acting for Mr Andrew Ladsky, threatened me with bankruptcy proceeding and taking the flat away from me, as well as Mr Ahmet Jaffer who took over from Mr Hershkorn - point # 3 and point # 15 , point # 16 , point # 17 , point # 23 By Mr Ladsky at the 5 February 2003 LVT hearing who asked the Chair " Will Ms Rawé pay the £250,000 (US$441,000) of additional costs that will be incurred as a result of the delay in the start of the works due to hearing?"
(The reply is captured under 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"
The so-called "invitations" written by Mr Lanny Silverstone, CKFT, which can more accurately be described as bullying and intimidation tactics:
25 June 2003 ".the costly LVT process has now resulted in a percentage uplift in the contract figure and a significant delay in the project. We should, therefore, strongly urge you to meet with our client."
24 July 2003 "Clearly substantial costs will be incurred if the court has to deal with the determination of this issue. this is a matter which could be dealt with between the parties. we reserve the right to refer to this and previous correspondence in relation to any subsequent issue as to costs"
7 August 2003 ) letter to my solicitors (of a few hours) "...we have made numerous offers to meet with your client in order to try and resolve this matter by negotiation. She has declined to accept those offers. We shall contend that this is a relevant matter in relation to the question of costs"
Piper Smith Basham falsely claiming on three separate occasions that I had agreed to the reply sent by Mr Richard Twyman to CKFT on 13 November 2003 (Piper Smith Basham # 4 , # 7.13 , # 7.13.1 , # 7.13.2 ) (CKFT # 6.8 ) (My Diary December 2003 )
Events with Mr Twyman: 11 November 2003; 12 November 2003; 14 November 2003 - and Mr Gallagher 13 November 2003 - afternoon;
What I consider as the use of coercion, bullying and intimidation tactics by Mr Twyman and Ms McLean, Piper Smith Basham (the Law Society disagrees with me), among others, in relation to my 20C application. The Law Society can disagree with me as much as it wants, but its members made 'me' go through absolute, sheer utter hell during that time - see Piper Smith Basham # 7.19, #7.18.2, #7.18.5 . See also Martin Russell Jones # 43 which includes evidence against Ms Ayesha Salim, CKFT # 6.9; My Diary Sep 2003 - 20C application
Mr Gallagher who, at the time of the 'offer', repeatedly brandished the threat of "costs" in my face as a means of bullying me into accepting the 'offer' (I will not add 'allegedly' as it is glaringly obvious that this was the intention) (Mr Gallagher # 3.a.4 ) , and continued to do so in his initial reply of 9 June 2004 (I counted 10 instances in his 29 page reply) leading me to ask (point 67, 29 August 2004 ) "Mr Gallagher wants me to believe that, with this body of evidence, the odds were against me? Was Mr Gallagher acting for me or the other side?" (Of course, he challenged my statement in his 11 October 2004 reply) (Mr Gallagher # 5.1 ) (See also 'Breach' Bar Council Code of Conduct)
The ICAEW's threat in its 23 August 2005 letter " if I do not receive a reply within the next 7 days I will be recommending the file for closure" , as the reply it was chasing was to its 4 August 2005 letter i.e. sent three weeks earlier, during the month of August which is a holiday period (Pridie Brewster # 6 ) Of course, the ICAEW continued using the same tactic in relation its 29 August 2006 reply (Pridie Brewster # 22 )
The state of the area
around my flat: the
step (1.1MB) in front
of my windows that remained broken
for nearly one year; the filth
around my flat. See also Photo
gallery
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Coerce , Intimidate ; Torment ; Treatment - Medical |
Clan |
COED
- "A group with a strong
common interest" |
Examples |
My view
of the
group comprising of: the
courts, the Law Society, the Bar
Council and the Legal Services Ombudsman
|
Coerce |
COED
- "Persuade (an unwilling
person) to do something by using
force or threats" |
Examples |
My view - initially captured under point 5 of my 5 April 2004 complaint against Mr Gallagher [and PSB ] - that Mr Gallagher and Mr Twyman had engineered the situation to prevent me from inputting into the reply to the 21 October 2003 'offer'. Following the total rejection of my complaint by the Bar Council, I again repeated this under point 45 of my 25 March 2005 reply to the Bar Council (Mr Gallagher # 10 )
How I view Mr Gallagher, Mr Twyman and Ms McLean's conduct from the time the 'offer' was received - [ ] (My Diary 28 October 2003 , 6 November , 7 November , 11 November , 12 November , 13 November ) and following Mr Twyman sending the reply - without my consent [ ] (My Diary 14 November 2003) Piper Smith Basham (now Piper Smith Watton) FALSELY claiming on three separate occasions that I had agreed to the reply sent by Mr Richard Twyman to CKFT on 13 November 2003 (Piper Smith Basham # 4 , # 7.13 , # 7.13.1 , # 7.13.2 ) (CKFT # 6.8 ) (My Diary 13 December 2003, 14 November , December 2003 )
My view of Piper Smith Basham's reply of 18 December 2003 to my letter of 2 December 2003 (which, given events, I view as exceptionally generous and conciliatory) as, in reply to my wanting it to send another reply to CKFT which reflects what had been agreed, it states; "...would only lead to further litigation at your cost..." (Piper Smith Basham # 3 )
Ms Hathaway letter to me 20 September 2002: “…we have to require payment by return..if payment is not made now our client, Steel Services will have no alternative other than to instruct solicitors to commence legal proceedings to obtain payment”
Cawdery Kaye Fireman & Taylor drawing-up the - FALSE - claim against me and 10 other leaseholders - representing 14 flats - when, one month previously, during the 29 October 2002 pre-trial tribunal we, the leaseholders, had been told to NOT pay until the tribunal had issued its determination and it had been implemented. In support of this, we were given a leaflet which, on page 5 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"
Among others, CKFT's client, Mr Andrew Ladsky, and Ms Hathaway were in attendance at this pre-trial hearing. One month later, Ms Hathaway filed the claim in West London County - under a Statement of Truth (1.1MB) (It amounts to a very serious breach of Civil Procedure Rules by West London County Court - point # 23 )
In reply to my insisting that the Bar Council deals with my complaint (rather than follow its suggestion that I chase Arden Chambers for a reply), the comment in its 6 May 2004 reply : "It might well have been that they could have given you satisfaction and, if not, you could then have come to me, giving you two rungs of the ladder, so to speak" (Mr Gallagher # A )
Engineering a propitious
environment for coercion tactics
by eliminating the residents association
as a result of harassment
of the person heading it
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Bullying ; Intimidate ; Torment ; Treatment - Medical
|
Collude |
COED
- "To come to a secret agreement
in order to deceive others; conspire" |
Examples |
West London County Court that, in 2007, falsely claimed that I had filed a counterclaim; demanded I pay £1,700 and gave me three working days to do this - and subsequently, with the assistance of Her Majesty Court Service, attempted to cover it through deceit - point # 18 my complaint to the Court Service , point # 19 repeating the main points in my complaint, point # 23 and point # 22 highlighting the deceit and cover-up by WLCC and the Court Service
West London County Court's actions in 2002 - 2004 that pursued the claim against me (and 10 other leaseholders - representing in total 14 flats) in the full knowledge that: (1) an abuse of process of court was taking place; (2) the Particulars of claim were false; (3) proceeded to issue judgement/s against some of my fellow leaseholders - before the LVT; (4) to the very end, ignored my repeated claim that 'Steel Services' had not implemented the 17 June 2003 LVT determination
My view - supported by ample 'black on white' evidence - that 'my advisers' colluded with the aim forcing me to accept the 'offer' from Mr Andrew Ladsky - and that this expectation had been the game plan all along (Piper Smith Basham (now Piper Smith Watton) # 7 , # 7.14 , # 7.17 , # 7.17.1 , # 8 ) (Mr Gallagher Introduction ; 3.e.2 , # 19 ) (CKFT # 3 , # 6. 8 ) (My Witness Statement ) (My Diary 28 October 2003 , 6 November , 7 November , 11 November , 12 November , 13 November , afternoon of
13 November 2003 )
My view - supported by 'black on white' evidence - that Ms Lisa McLean, Piper Smith Basham/Watton, Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor, Mr Barrie Martin, FRICS, and Ms Joan Hathaway, Martin Russell Jones colluded in relation to my 20C Application to the LVT (PSB # 7.18 ; MRJ # 43 ) - and the LVT provided some 'very helpful assistance' (LVT # 5 ) As my 16 March 2004 complaint against Piper Smith Basham, and my 20 December 2004 complaint against Cawdery Kaye Fireman & Taylor were rejected by the Law Society, and the Bar Council rejected my 4 April 2004 complaint against Mr Gallagher I, likewise, hold the view that the Law Society and the Bar Council colluded with their member - and this is abundantly evident from their replies.
Considering that the Legal Services Ombudsman - who had been supplied with all the relevant documents - endorsed the decision of the Law Society ( # 2 ) / ignored the Law Society's handling of the complaint against Piper Smith Basham ( # 3 ), and endorsed the decision of the Bar Council ( # 4 ) - I, likewise, hold the view that this Ombudsman colluded with the Law Society and the Bar Council.
Example of evidence in support of my position: this Ombudsman's comment on page 3 of her 30 August 2005 reply: "The outcome of the (LVT) determination was largely favourable for your landlord" ...
...against the fact that the outcome of the 17 June 2003, LVT/SC/007/120/02 determination (ref #992 on the LVT database) was to reduce the global sum demanded of £736,000 (US$1.3 million) by nearly 70%, down to £235,947 (US$416,000) (incl. contingency fund). In other words, £500,000 (US$882,000) of the sum demanded was NOT considered as reasonable.
Considering, the overwhelming amount of 'black on white' evidence I supplied to the Royal Institution of Chartered Surveyors in my 2 February 2005 (1.1MB) complaint against Martin Russell Jones, I also hold the view that the RICS colluded with its member in dismissing my complaint - and further confirmation of this, more than 3 years later, with the Royal Institution of Chartered Surveyors, in its 21 August 2008 letter - UNBELIEVABLY - encouraging Martin Russell Jones to issue proceedings against me for defamation - see RICS # 12
For the same reason i.e. the overwhelming amount of evidence I supplied
Portner and Jaskel’s 10 February 2006 so-called “S.5 L&T 1987 Notice of first refusal” is fraudulent as it FALSELY claimed that 'Steel Services' was still the Lessor for the whole of Jefferson House at the time - when, in fact, six week previously, 'Steel Services' had disposed of its headlease interest to Lavagna Enterprises, thereby losing control of the last floor of Jefferson House - and becoming a lessee of Lavagna Enterprises (Headlessors ; Owners identity). (The 10 February 2006 "notice" is a carbon copy of previous notices when 'Steel Services' was the headlessor for the whole block (e.g. 13 December 2000 "notice" ; # 2 - 13 December 2000"Notice by landlord"). Nonetheless, Mr Daniel Broughton, Portner and Jaskel, repeated the lie twice during the notice period – as summarised in my 30 April 2006 letter to Mr Broughton - see Portner # 1 ; # 3 - 10 February 2006 bogus "Notice by landlord" ; Property Misdescriptions Act 1991
My guess that Mr Andrew Ladsky was the instigator of this malicious, vicious act also proved to be right as Portner and Jaskel helpfully confirmed this in its (libellous, scurrilous) 3 October 2006 letter to my then ISP - PLUS the 'standard' Law Society's reply of 30 March 2007 to my 28 February 2007 complaint that Portner "Acted on the instructions of their client" - Portner # 5.1
The LVT waiting more
than two months to inform the leaseholders of the application to the tribunal by 'Steel Services' and the pre-trial hearing. The application was filed on 7 August 2002. The first letter from the LVT informing the leaseholders of the application is dated 8 October 2002. It makes no reference to the pre-trial hearing scheduled for 29 October. In fact, it waited another two days, announcing it in its 10 October 2002 letter. Many leaseholders lived overseas. By the time they received the letter, the unbelievably short notice meant that - 'very conveniently' for 'Steel Services' - they could not attend (LVT # 10.1 )
In sending the above correspondence to leaseholders, quite clearly, the LVT took its cue from 'Steel Services' as to which leaseholders should NOT be informed of the application - in the process committing a breach of their statutory rights under section 20(4) of the Landlord & Tenant Act 1985 (LVT # 10.2 )
The LVT opted to not copy me - as well as "some" other leaseholders - on the appendices to the 7 August 2002 application - which included the priced specification all of us had been clamouring for (LVT # 10.3 )
The LVT talking
only notice of the correspondence
from Ms Hathaway e.g. her 8
October 2002 fax, 'her' 20
January 2003 letter - while
ignoring all of my correspondence
and that of numerous other leaseholders,
as well as what we had all reported
at the 29 October 2002 pre-trial
hearing
The Legal
Services Ombudsman wholeheartedly
endorsing:
(1) the decision
of the Law Society in
relation to my complaint against CKFT
(2) the
decision of the Bar Council
in relation to my complaint against Mr
Stan Gallagher - including
both her,
and the Bar Council in its last
communication 'dutifully'
stating Mr Gallagher's laughable
excuse that "his involvement concerned
a time frame of only about 3 weeks"
(3) her
lack of action in relation
to my highlighting that the Law
Society kept on ignoring
the evidence I had supplied
in relation to my complaint against Piper
Smith & Basham
The Royal
Institution of Chartered Surveyors,
which, in spite of providing it
with very comprehensive evidence
in my
complaint (1MB) against Martin
Russell Jones, returned
the verdict of having "insufficient
weight of evidence to place this
matter before an RICS disciplinary
committee"
The 'blind eye, deaf
ear' attitude of the Land Registry
- My Diary 28
March 2006
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17
|
Complicity |
COED - "The fact or condition of being involved with others in an unlawful activity" |
Examples |
Kensington & Chelsea police has turned a 'blind eye and a deaf ear' to Mr Andrew Ladsky's criminal acts - under the Protection from Harassment Act 1997:
- At least five residents, including myself, reported acts of harassment by Mr Andrew Ladsky to Kensington & Chelsea police (Kensington & Chelsea police point # 1 and point # 3 ) This reporting was denied by Paul Webster, Detective Inspector who stated in his 23 April 2002 letter "No crime report has been reported to this police borough regarding Mr Ladsky..." (also covered under points # 1 and # 3)
In addition to turning a 'blind eye and a deaf ear', Kensington & Chelsea police has sided with Mr Andrew Ladsky as:
(1) In 2002, it concocted a story and made up excuses in order to, among others, not reveal the owner of the Reach telephone number from which one (or more?) of the anonymous phone calls I received were made - WHY? (Kensington & Chelsea police # 1 )
(2) When, in January 2003, Mr Ladsky claimed that I "swore at [him]", Kensington & Chelsea police turned against me stating, in its 27 January 2003 letter "Of perhaps greater importance is the fact that any further such outbursts may result in charges of harassment being made against you, as this initial complaint has been fully recorded by the police." (Kensington & Chelsea police point # 2 )
(3) It aimed to assist Mr Ladsky in his desperate attempts to get my website closed down by approaching my website Host on 16 March 2007, endorsing his unsupported accusation that my website "contains anti-Semitic comments". In the process, Kensington & Chelsea police implied that I had 'committed a crime', as well as branded me as "a Nazi".
When challenged by my website Host who replied "Are you aware that there are laws against making false accusations?", Kensington & Chelsea police backed down stating in its 20 March 2007 reply "There is nothing we as a police force can do other than classify it as a racist incident" - while still not providing any evidence in support - for the simple reason that the accusation is FALSE. (Events captured in My Diary - 20 March 2007)
Worthy of particular note in relation to Kensington & Chelsea police's conduct is the 11 July 2002 reply from Sir Toby Harris, then Chair of the Metropolitan Police Authority, in the context of my complaint against Mr Ladsky in 2002:
"...you seem convinced that Mrs [x] acted under the direction of Mr Ladsky.
While this may or may not be the case, the police cannot act on the basis of your suspicions, however strongly held, and must act only on the basis of established facts"
Very clearly, this does not apply when the complainant is Mr Andrew Ladsky.
From where I am standing, these events since 2002 amount to complicity. |
Covenant |
COED
- "Law - A formal agreement
or contract in writing..." |
Examples |
The clauses in my lease setting-out responsibilities / obligations |
Crime - Criminal
|
COED
- "An action which constitutes
a serious offence against an individual
or the state and is punishable by
law"
COED
- "A person who has committed
a crime" |
Examples |
Breaches of each of the following Acts amount to committing criminal offences.
Examples of events / actions I have been subjected to are included under each:
THE THREAT OF FORFEITURE AND BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
The pay-off : Owners identity # 3 , # 3.1 ; Block sale of flats
But, no prosecution takes place, because this country is soft on crime... except if you happen to be one of the 'little people' i.e. with limited income and no connections to the gigantic web of symbiotic relationships. Then, you can end-up with a criminal record for all kinds of absolutely ludicrous reasons e.g. overfilling your dustbin by four inches, or end-up in in jail over an apple core...
...and / or, like me, being persecuted for 'daring' to stand-up against crime, challenge and expose incompetence / malpractice / collusion / fraud and other criminal activities / practices - because the 'little people don't do that!'.
The 'little people' don't challenge the 'big people's scams. Therefore, those who 'dare' to do it 'must be made to know their place': that contrary to the window dressing (*) legislation, regulations and codes of conduct, they are there to be used and abused... and that the 'big people' will go after them with a vengeance for 'daring to step out of line' by demanding their 'rights'.
(*) As blatantly obvious by e.g. the outcome of my complaints - overview My Diary 6 May 2008 |
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Deceive / Deception |
COED
- "Deliberately cause (someone)
to believe something that is not
true"
COED - "The action of deceiving" |
Examples |
Mr Gallagher (see Bar Council Code of Conduct)
Compared to the 15
July 2002 original service
charge demand for the works, Mr
Barrie Martin, FRICS, in his 2
August 2004 letter did
not provide the actual cost
for the works as he stated
the amount as “£513,656.70
+ VAT” . He also
did not mention the addition
of an 11% management fee. The
addition of these items brings
the total to £669,936
(US$1.182 million), thereby
making this just £66,269
(US$117,000) or 9% cheaper
than the Killby & Gayford
quote.
The impact of the LVT/SC/007/120/02 determination
was to reduce the original sum
demanded of £736,000 (US$1.3
million) by £500,000 (US$882,000)
(incl. the contingency fund) down
to £236,000 (US$416,000) (LVT # 3 , # 4 , # 6 , # 7 , # 8 ; Pridie Brewster )
see also 'Breach' - Theft Act 1968 / Theft (Amendment) Act 1996 |
Despair |
COED
- "The complete loss or absence of
hope" |
Examples |
Having
my 12 January 2003 request to the tribunal for
a postponement of the 5 February
2003 dismissed (My Diary c. 17 January 2003 , End January 2003 )
Being evidently considered as a 'non-entity' by West London County Court (WLCC ; My Diary 16 June 2003 , 17 June , 22 June , 24 June , 26 August ) - as well as by its 'head office', the Court Service (Lord Falconer# 1 , # 3 , etc)
Hitting very 'deep
lows' e.g. My Diary September 2003 - My 20C application ; 16
June 2006; 20
August 2006;
Spending over 1,800
hours of my life filing complaints
against the various parties - and
fighting with their complaints department
and higher level - to end-up with
having none of my complaints upheld
- while knowing that my complaints
are valid (Document library ; Home page # 4.24 , # 7 , # 10 )
Absolutely everywhere
I have turned to for help and assistance
has led me to go into battle - a
total of 28 battles
since 2002 - and the outcome of all of that is that, seven years on, and I am in bigger mess now that I have ever been (Document library) (Home page
Feeling extremely sickened
by what I am seeing since 2003 when
I finally removed my blindfold. Not surprisingly, it
has left me with absolute, total,
utter contempt for the whole system (My Diary 16 May 2006 ) - and what I read in the press about the current administration only adds to my very negative perceptions. I can't see the light at the end of the tunnel. (My Diary 21 August 2006 )
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Bullying ; Coerce , Intimidate ; Torment ; Treatment - Medical |
Despicable | COED - "Deserving hatred or contempt" |
Examples |
One of the terms I use to describe the people I consider are observing me / following me / harassing me / attempting to scare me / intimidate me |
Dictator |
COED
- "An autocratic person" |
Examples |
Mr
Ladsky phoning
the Tenancy Relations Officer at
the Kensington& Chelsea Housing
department I had approached for assistance
- asking
him for all the information
I had provided |
Dismissed |
COED
- "Treat as unworthy of
serious consideration" |
Examples |
Response
from my then MP, Mr Michael Portillo
on 28
May 2002 - and subsequently
The "get
lost", "sort
out the mess we've made yourself" reply
from the Land Registry
- My Diary 28
March 2006
The appalling treatment
I received from the court staff (Falconer
#2; |
Distress |
COED
- "Extreme anxiety, sorrow
or pain" |
Examples |
Receiving the 17 July 2002 £14,400 (US$25,400) service charge demand from Ms Hathaway, MRICS, Martin Russell Jones (My Diary c. 22 July 2002 , Summer 2002 )
Receiving the 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
Receiving the - FALSE - claim against me (and 10 other leaseholders - representing 14 flats) which was drawn-up by Cawdery Kaye Fireman & Taylor when, one month previously, during the 29 October 2002 pre-trial tribunal we, the leaseholders, had been told to NOT pay until the tribunal had issued its determination and it had been implemented. (My Diary 6 December 2002 )
The horrendous, sheer, utter hell I was made to go through at the time of the reply to the 'offer' as a result of the actions by Mr Richard Twyman and Mr Stan Gallagher (My Diary 11 November 2003 , 13 November , November 2003 , Christmas 2003 ) ( Piper Smith Basham # 6.1 , # ( Mr Gallagher # 6 , ) (My Diary 13 November 2003 )...
Their trade associations can disagree with me as much they want (Mr Gallagher # 14 ): I felt these emotions and, believe me, they were VERY, VERY REAL - and I hold the view that they were inflicted on me by my 'advisers' NOT acting in my best interest. (see 'Breach' Bar Council Code of Conduct + PSB )
The 28 October 2003 meeting with Ms McLean and Mr Gallagher (My Diary 28 October 2003 )
[ 20C application]
[28 May 2004 ]
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Bullying ; Coerce , Intimidate ; Torment ; Treatment - Medical |
Double-dealing |
COED
- "Deceitful behaviour"
|
Examples |
How I view Mr Gallagher and Mr Twyman's conduct at the time of the reply to the 'offer' (My Diary 13 November 2003 ) - which, as with everything else in my complaints, was rejected by their respective trade associations
Under point 60 of my 29 August 2004 reply (to Mr Gallagher's response of 9 June 2004) "I note with interest Mr Gallagher turning the table on me and his tendency to side with Steel Services, MRJ, CKFT and Piper Smith & Basham" (see 'Breach' - Bar Council Code of conduct) |
Evil |
COED
- "Extremely wicked and
immoral" |
Examples |
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
Portner and Jaskel’s 10 February 2006 so-called “S.5 L&T 1987 Notice of first refusal” is fraudulent as it FALSELY claimed that 'Steel Services' was still the Lessor for the whole of Jefferson House at the time - when, in fact, six week previously, 'Steel Services' had disposed of its headlease interest to Lavagna Enterprises, thereby losing control of the last floor of Jefferson House - and becoming a lessee of Lavagna Enterprises (Headlessors ; Owners identity). (The 10 February 2006 "notice" is a carbon copy of previous notices when 'Steel Services' was the headlessor for the whole block (e.g. 13 December 2000 "notice" ; # 2 - 13 December 2000"Notice by landlord"). Nonetheless, Mr Daniel Broughton, Portner and Jaskel, repeated the lie twice during the notice period – as summarised in my 30 April 2006 letter to Mr Broughton - see Portner # 1 ; # 3 - 10 February 2006 bogus "Notice by landlord" ; Property Misdescriptions Act 1991
My guess that Mr Andrew Ladsky was the instigator of this malicious, vicious act also proved to be right as Portner and Jaskel helpfully confirmed this in its (libellous, scurrilous) 3 October 2006 letter to my then ISP - PLUS the 'standard' Law Society's reply of 30 March 2007 to my 28 February 2007 complaint that Portner "Acted on the instructions of their client" - Portner # 5.1
Action
by Mr Andrew Ladsky, the police and
Ms Ayesha Salim, CKFT
A local council taking
an 84 year old man's flat away through
forfeiture law
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Bullying ; Coerce , Intimidate ; Torment ; Treatment - Medical |
Extortion |
COED
- “To secure (money, etc.)
by intimidation, violence, or the
misuse of influence or authority” |
Examples |
THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS = FRAUD TOOLS
The 16 February 2007 letter from Mr Jeremy Hershkorn, then at Portner and Jaskel, who - acting for Mr Andrew Ladsky - threatened me with "bankruptcy proceedings", forfeiture (taking the flat away from me), and "costs" in the name of "Rootstock Overseas Corp", a company I had never heard of (Portner # 15 ), if I failed to immediately pay £8,937 (US$15,800) (Portner # 3 )
Ms Hathaway,
MRICS, ignoring my
legitimate requests for the
priced specifications and instead
threatening me with legal proceedings,
in her letter of 20
September 2002
The 7 October 2002 letter from Mr Lanny Silverstone, Cawdery Kaye Fireman & Taylor - acting for Mr Andrew Ladsky - in which he threatened to forfeit my lease and contact my mortgage lender unless I immediately paid the sum of £14,400 (US$25,400) (CKFT # 1 , # 6.2 ). Compared to the letter he sent ten days later to the solicitors of another leaseholder, it clearly demonstrates the intention to "cause me alarm and distress" - with the objective of making me pay monies that were not due and payable (CKFT # 6.2 ) (It caused me so much so distress that I ended-up being physically sick (My Diary 10 October 2002 ) )
Other acts by Mr Lanny Silverstone and Ms Ayesha Salim, Cawdery Kaye Fireman & Taylor - although the Law Society England & Wales disagrees with me
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Bullying ; Coerce , Intimidate ; Torment ; Treatment - Medical |
False |
COED - "Not according with
truth or fact" "Deliberately
intended to deceive" |
Examples |
|
Fear |
COED
- "An unpleasant emotion
caused by the threat of danger, pain
or harm" |
Examples |
The modus operandi for controlling the 'little people' , while the crooks use THE THREAT OF FORFEITURE, BANKRUPTCY PROCEEDINGS, AS WELL AS THE COURTS CLAIMS AS TOOLS FOR FRAUD
Events
captured in My Diary e.g. object
thrown at my windows late at night
on 15
February 2002 and 3
April 2002; anonymous phone
calls to my home: 17
February 2002; 19
February 2002; anonymous
phone call at
work;
My door
bell pressed in the middle of the
night - leading me to file a complaint
with the police and to report events,
as well as disconnect my door bell
- since 2002
Living in fear for my safety,
and in war-time
like conditions, wondering
what disaster is going to be caused
maliciously to my flat (20
August 2006)
...knowing that I cannot
count on the police for
protection as it dismissed my complaint
of harassment against Mr Ladsky
(and that of at least three other
residents), while it "formally
recorded" a
complaint against me by Mr Ladsky
for "swearing at him" Resident K, held by
the police as being the originator
of the anonymous phone calls, cornering
me on 24
April 2002 (i.e. three months
before the 11
July 2002 letter from the
police) to say that she has "nothing
against me" - and my
subsequently discovering, on
the Land Registry, a caution
in favour of Steel Services against
her flat
See also related - 'Breach': Malicious Communications Act 1988 ; Theft Act 1968 / Theft (Amendment) Act 1996 ; Fraud Act 2006 ; Defamation Act 1996 ; Criminal Justice Act & Public Order Act 1994 ; Courts and Legal Services Act 1990 - Chapter 41- Section 17 ; Bullying ; Coerce , Intimidate ; Torment ; Treatment - Medical |
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