Hi
Can someone give me advise. I have been successful at First Tier Tribunal (Property Chamber) to Appoint a Manager Pursuant to S.24 LTA 1987. The Tribunal appointed a manger but the Directors of the RMC (Respondent) has not comply to handover the information by June 2020.
Their Representative at Tribunal was the Managing Agent who has been working hand in hand with the Directors running the RMC for 4 years to benefit their lifestyles.
The tactic the Respondent is using to absolve themselves from the breach of the Order is to pass the blame to the Managing Agent (Directors Representative for the proceedings) for the non compliance, knowing full well the Tribunal can't touch him as he is not party to the Order. Managing Agent cannot be party to the proceedings if not a party to the lease.
The Directors have been ambitious and economical with the truth and not transparent with the Appointed Manger. The Tribunal and the Appointed Manager have made the assumption that the Managing Agent runs all the bank accounts but this is not the case. The Directors appointed the Manager for the building in 2016 - 2019 but the Directors retained control of the Service Charge bank account which collects all the quarterly in advance service charges. They are refusing to hand this over and have been misleading the Tribunal and the Appointed manager leading everyone to believe the the Managing Agent is the one that is not handing over the bank accounts. I have explained to the Appointed Manager and provide an email from 2017 during the Managing Agent's instruction to confirm it is the Directors of the RMC running the Service Charge bank account collecting all the monies.
The Appointed Manger has been led to believe there is a negative balance of £28,000 on the service charge account and £14,000 of Creditors which is completely false but she is not able to verify this without the bank accounts statements. The Directors have not credited leaseholders for the surpluses at year ends since 2016 and have claimed on building insurance and charged the same invoices again through the service charge (double accounting) all exposed at the S.27A LTA 1985 hearing (refund of service charges).
There are three residents at the property and two are Directors. I am the resident who they will not allow to join the RMC as a Director despite my constant requests. It is obvious why they do not want me on the board which will enable me access to the information to expose their financial misconduct.
I have emailed the bank to notify them of the Tribunal Order and that the Appointed Manger is waiting for the bank statements from Dec 2015 - to date for the service charge account. They as expected replied with the response I expected a" we cannot be of any assistance"
The Tribunal Appointed Manager obviously has no funds to work with, so has not been able to set her management systems or enforce the Tribunal Order. I have asked her to contact Tribunal for further directions and Penal Notice but she now won't get back to me knowing she cannot proceed with enforcement in any event. We have hit a brick wall despite my apparent success!.
The Tribunal will not deal with me because they say they have Appointed a manager to deal with the handover and I will need to make another application to appoint another manager if I am not happy. It has taken me 3 years of Tribunal proceedings to get to this point, because the Directors frustrated the proceedings with manipulative tactics. I do not want to start again!!
1. Can someone explain what application I need to make to County Court get a court order to enforce the bank to handover the bank statements and bank mandate to the Appointed Manager in line with the Tribunal Order.The Bank Mandate will prove the Directors have lied to Tribunal.
2. I have issued a Section 16 Notice Pursuant to Section 16 of the Company Directors Disqualification Act 1986 to have the Directors and Company Secretary removed (the Rogue Managing Agent is acting as Company Secretary) . I am about to submit the application to County Court but unclear who is the Respondent - is it the individual Directors and the Company Secretary or the RMC Company . I suspect it needs to be the individual Directors but I need to be very clear so my application is not thrown out. Are there any solicitors out there who could advise? The Directors are obviously from one Company, the RMC and the Managing Agent acting as Company Secretary is from another separate company, the Block Managment Company.
3. The Respondent also is in breach of the Cost Order to pay my costs for Tribunal. The Tribunal had no hesitation in concluding that the Directors had acted unreasonably in defending/conducting the proceedings and that it was appropriate to make an Order for Costs under paragraph 13 (1)(b) and 13(2) of the Tribunal Procedure (First -Tier Tribunal) (Property Chamber) Rules 2013 but they are also in breach of that saying that the Respondent is the RMC and has no money to pay and they as Directors are not personal liable. My argument is that, it was their conduct during the proceedings that was causation of the Cost Order and not the RMC. They cannot assume the Company’s identity for their protection. The protection extended to the Directors as an officer of the Company only exists while they act within their duties. The various rights to pursue the Directors personally to recover the debt is valid when the Director has acted outside their duties, their authority, or the law.
I would be very grateful for advice this has now taken 3 years of my life and we are no further forward. The Directors misconduct cannot be condoned or ignored.
Thank you
Can someone give me advise. I have been successful at First Tier Tribunal (Property Chamber) to Appoint a Manager Pursuant to S.24 LTA 1987. The Tribunal appointed a manger but the Directors of the RMC (Respondent) has not comply to handover the information by June 2020.
Their Representative at Tribunal was the Managing Agent who has been working hand in hand with the Directors running the RMC for 4 years to benefit their lifestyles.
The tactic the Respondent is using to absolve themselves from the breach of the Order is to pass the blame to the Managing Agent (Directors Representative for the proceedings) for the non compliance, knowing full well the Tribunal can't touch him as he is not party to the Order. Managing Agent cannot be party to the proceedings if not a party to the lease.
The Directors have been ambitious and economical with the truth and not transparent with the Appointed Manger. The Tribunal and the Appointed Manager have made the assumption that the Managing Agent runs all the bank accounts but this is not the case. The Directors appointed the Manager for the building in 2016 - 2019 but the Directors retained control of the Service Charge bank account which collects all the quarterly in advance service charges. They are refusing to hand this over and have been misleading the Tribunal and the Appointed manager leading everyone to believe the the Managing Agent is the one that is not handing over the bank accounts. I have explained to the Appointed Manager and provide an email from 2017 during the Managing Agent's instruction to confirm it is the Directors of the RMC running the Service Charge bank account collecting all the monies.
The Appointed Manger has been led to believe there is a negative balance of £28,000 on the service charge account and £14,000 of Creditors which is completely false but she is not able to verify this without the bank accounts statements. The Directors have not credited leaseholders for the surpluses at year ends since 2016 and have claimed on building insurance and charged the same invoices again through the service charge (double accounting) all exposed at the S.27A LTA 1985 hearing (refund of service charges).
There are three residents at the property and two are Directors. I am the resident who they will not allow to join the RMC as a Director despite my constant requests. It is obvious why they do not want me on the board which will enable me access to the information to expose their financial misconduct.
I have emailed the bank to notify them of the Tribunal Order and that the Appointed Manger is waiting for the bank statements from Dec 2015 - to date for the service charge account. They as expected replied with the response I expected a" we cannot be of any assistance"
The Tribunal Appointed Manager obviously has no funds to work with, so has not been able to set her management systems or enforce the Tribunal Order. I have asked her to contact Tribunal for further directions and Penal Notice but she now won't get back to me knowing she cannot proceed with enforcement in any event. We have hit a brick wall despite my apparent success!.
The Tribunal will not deal with me because they say they have Appointed a manager to deal with the handover and I will need to make another application to appoint another manager if I am not happy. It has taken me 3 years of Tribunal proceedings to get to this point, because the Directors frustrated the proceedings with manipulative tactics. I do not want to start again!!
1. Can someone explain what application I need to make to County Court get a court order to enforce the bank to handover the bank statements and bank mandate to the Appointed Manager in line with the Tribunal Order.The Bank Mandate will prove the Directors have lied to Tribunal.
2. I have issued a Section 16 Notice Pursuant to Section 16 of the Company Directors Disqualification Act 1986 to have the Directors and Company Secretary removed (the Rogue Managing Agent is acting as Company Secretary) . I am about to submit the application to County Court but unclear who is the Respondent - is it the individual Directors and the Company Secretary or the RMC Company . I suspect it needs to be the individual Directors but I need to be very clear so my application is not thrown out. Are there any solicitors out there who could advise? The Directors are obviously from one Company, the RMC and the Managing Agent acting as Company Secretary is from another separate company, the Block Managment Company.
3. The Respondent also is in breach of the Cost Order to pay my costs for Tribunal. The Tribunal had no hesitation in concluding that the Directors had acted unreasonably in defending/conducting the proceedings and that it was appropriate to make an Order for Costs under paragraph 13 (1)(b) and 13(2) of the Tribunal Procedure (First -Tier Tribunal) (Property Chamber) Rules 2013 but they are also in breach of that saying that the Respondent is the RMC and has no money to pay and they as Directors are not personal liable. My argument is that, it was their conduct during the proceedings that was causation of the Cost Order and not the RMC. They cannot assume the Company’s identity for their protection. The protection extended to the Directors as an officer of the Company only exists while they act within their duties. The various rights to pursue the Directors personally to recover the debt is valid when the Director has acted outside their duties, their authority, or the law.
I would be very grateful for advice this has now taken 3 years of my life and we are no further forward. The Directors misconduct cannot be condoned or ignored.
Thank you
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