2 thoughts on “Notice of Claim UNIT 609 AUSTIN HALL, Servia Road, Leeds. 9 February 2018”

  1. David Roberts
    To:
    Marc Horn

    9 Feb at 12:02

    Mr Horn

    I have your email and letter this morning. I understand your frustration and as you know we did act for Pinnacle Student Developments Leeds (PSDL) on the sale of these units. We also acted for the Buyers Company in relation to the stakeholder account management and securing a legal charge over the site.

    I do not act for Michael Gubbay or his company. We are no longer acting for PSDL. I am the Director of Pinnacle Student Buyers Leeds Limited, a position I wish to resign but no other party will take over the role as far as I can ascertain. That company is preparing its final accounts which will be filed at Companies House shortly.

    I am without instructions on the completion of the units at Leeds so I cannot assist you in that regard. The sale agreement for your unit you refer to allowed the Developer (PSDL) to sell the freehold provided the secured deposit deed (The Bond) was credited with the sum of £190,000 which occurred in June 2016. Your own solicitor I am sure advised you of this. There were subsequent claims against the Bond arising from defaults in paying the assured rents. You have the relevant account information. The sale was agreed in 2016 to raise funds to enable the buildings to be finished – which is what has happened. The sale proceeds were retained By Tuscola in an escrow account at their solicitors office and used to pay contractors to finish the build. There were defects in Asquith House which had to be rectified and Tuscola provided additional finance (over the anticipated £2.4m retained) to complete those works. I am told that sum was approximately £1.0m but I have no account records to prove that as I do not act for Tuscola.

    As far as I know the buildings are now structurally competed. I have no involvement with the lettings or management of the buildings and our only role subsequent to the sale of the freehold to Tuscola was to await completion of construction to enable the units leases to be completed with the Buyers. This for reasons which are not clear to me has not occurred.

    This is the factual matrix of events of which I am aware. I am uncertain what your alleged claim is against either me or my company.

    Regards

    David Roberts

    QualitySolicitors David Roberts & Co is a trading name of Wirral Solicitors Limited, a Company registered in England and Wales. Company registration Number 07900448.

    A list of directors is available for inspection at our registered office. VAT number 126915017

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    This communication is intended for the addressee only. Its contents are confidential and may also be the subject of legal privilege. If this communication has been sent to you in error, please notify us immediately and, if so requested, destroy the pages received. Unintended recipients are hereby placed under notice that any copying, publication, or any other form of dissemination of this communication or its contents is prohibited. This message has been virus-scanned. However, you are advised to check it using your own virus software before proceeding to open it.

    From: Marc Horn [mailto:maphorn@yahoo.com]
    Sent: 08 February 2018 22:27
    To: allan.freeman@pinnaclealliance.com; allan.freeman@harperbrooks.co.uk; tony.freeman@pinnaclealliance.com; carl.mills@pinnaclealliance.com; andrew.dixon@pinnaclealliance.com; andrew.dixon@harperbrooks.co.uk; David Roberts; michael.patterson@harperbrooks.co.uk; n.tellwright@urbanstudentlife.com; d.lowy@urbanstudentlife.com; a.buchanan@urbanstudentlife.com; david@urbanstudentlife.com; Michael Gubbay; Sol Levi; sgubbay@grangeford.com
    Cc: proofofdelivery@pinnaclealliance.com; proofofdelivery@harperbrooks.co.uk; proofofdelivery@urbanstudentlife.com; proofofdelivery@grangeford.com; proofofdelivery@davidroberts.co.uk
    Subject: NOTICE OF CLAIM – UNIT 609 AUSTIN HALL, Servia Road, Leeds.

    Please find enclosed copies of the notarised documents as follows and linked to my claim on the web.

    As this is a private matter the private sections in this claim are password protected. Click here for the navigation page, the password is 123.

    1. NOTICE OF CLAIM – UNIT 609 AUSTIN HALL, OPPORTUNITY FOR REMEDY, which explains the claim I am making against yourself in person, as well as the your company. It explains your response method and the procedure should you fail to disclose information required to settle my claim and the summary of the claim.

    2. Statement of Facts – Macrocosm – Natural Authority, Rights and Law.

    This explains my authority to make the claim, and your responsibility to me in regards my claim.

    3. Statement of Facts – Microcosm – Austin Hall unit 609 – Breaches of Trust.

    This details the breaches of trust and contractually breaches which have resulted in me making my claim.

    I have exhausted all reasonable means to settle this matter privately with Michael Gubbay on the 6 February 2018, however he failed to respond and reluctantly continue this formal remedy procedure to include other known respondents.

    It is not my intention to harass, intimidate, offend, conspire, blackmail, coerce, or cause anxiety, alarm or distress.

    This notice is presented with honourable and peaceful intentions.

    All are innocent until proven guilty.

    This notice is expressly for your benefit to provide you with due process and a good faith opportunity to state a verified rebuttal of my claim in order to reach an equitable resolution to the harm caused in regards your failure to perform your fiduciary duties as trustees and thereby causing me harm by denying me my right to enjoy the benefits of my grant.

    Hopefully this matter can be settled privately, however rest assured failure to do so will result in the claim being continued within the legal system.

    Regards,

    Marc

    NOTICE OF CLAIM – UNIT 609 AUSTIN HALL, Servia Road, Leeds. 6 February 2…
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    Today’s problems are the result of yesterday’s thinking – Be the change you want to see!

    1. Marc Horn To:
      David Roberts

      9 Feb at 13:08

      Hi David,

      I thank you for your prompt response.to help settle this matter which has helped partly clarified where the money from the sale went which I will take up directly with TL and PSDL.

      I still have the following issues in regards to yourself and PSBL.

      1. In accordance with my Agreement of Sale

      10.10 Deposit in trust account completed (£929,198.08) and SDD completed.

      10.11 The Company (PSBL – yourself) agrees with the Seller (PSDL) with the approval of the Buyer (myself) to release the Seller’s Legal Charge upon completion of the Secured Deposit Deed.

      a) The legal charge had a negative pledge, and the undertaking was to complete the development to the point of reaching practical completion and completing the Leases with myself and other investors, which still has not been done over 19 months later.
      b) I did not give approval to release either the PSDL nor Land Registry Charge (5.2.1.iii).
      c) My solicitor has confirmed that he did not give approval, and was not even requested to give approval.
      Hence PSBL could not have agreed to release the Seller’s Legal Charge despite the second condition being met that the SDD was completed.

      Your clarification will establish if there was a breach of trust and or a breach of contract as well.

      2. The trust account for the Assured rent is specific for what and how it is to be used. It gives a figure of £190,000.00 and the deposit was in excess of this which meets is not a problem as the £190,000.00 is a minimum. However the withdrawal of £739,198.08 unless it went directly to complete the development is a breach of trust.

      £300,000.00 went to another project – Warwick Road Development,
      £381,471.18 went to Mason & Vaughan Group – Completion funds,
      £23,575.50 went to pay a bill??
      £7776.00 was deposited re SDLT shortfall.
      £41,928 went to pay HMRC in regards SDLT

      Can you please show how these payments were used and authorised as being legitimate expenses as security in the development which will satisfy me that the breach of trust was in good faith.

      Again I thank you for your prompt response and hope you can provide evidence of the 2 remaining items so that my claim with you and PSBL can be settled.

      Regards,
      Marc

      Today’s problems are the result of yesterday’s thinking – Be the change you want to see!

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