Letter to shareholders 9/1/12:
Dear Shareholders,
TCCOA Ltd. court action against me
I tried to address your AGM last May and was predictably prevented from doing
so by your chairman, even though I
had two proxy authorisations from other shareholders.
Instead of addressing the AGM, I therefore distributed a note which I am enclosing
with this letter.
I promised to notify all shareholders if the situation developed to a stage
where significant costs would start to
accrue. It seems that now is such a time.
I received my first threatening letter from Goldberg solicitors on Christmas
eve 2010 and received a notice of hearing
on 18th December 2011 – both of these communications being delivered at
a time that the least number of
shareholders would be aware of them unless I took action to inform you.
Why Goldberg Solicitors are being used in this action is not clear to me, but
it is perhaps because of a personal
relationship your chairman has with them.
I see in the latest TCCOA newsletter that approximately half of it is dedicated
to building a case for wasting your
money on this court action, and making excuses, but at the same time conserving
funds to pay for the litigation! . I
have offered to discuss the issues with the committee and have been told that
they do not wish to talk and their
solicitors have told me in writing that they do not wish to talk as it would
be a waste of their client’s money (your
money, which is now being spent on solicitors fees and court costs. I have been
very clear over the past 12 months
that if I am forced to defend myself I shall be claiming costs and damages and
making counterclaims for other
interference and nuisance since buying the cafe from Phil Newcombe.
My counter claims date back to 2005 when a contract to sell the ‘top plot’
to Phil Newcombe was broken by the
committee and the unauthorised replacement and damage to my water supply for
which I was charged £400 and lost
my water supply for 6 days in 2010 due to the way that the new pipes were installed.
In addition we shall be claiming
for the unnecessary distress and anguish caused to Nina, which was possibly
a contributory factor in her
miscarriage.
I do not wish to be the cause of any unnecessary costs to shareholders, particularly
those who can ill afford an extra
levy due to the malicious ambitions of your deranged chairman and his cronies.
I am however determined to
establish that personal attacks on me, my family and my business will be resisted
with whatever it takes to be left in
peace.
I suggest, before any serious court costs are incurred, that an EGM be called
to ask the committee to account for
their actions and that I am invited to inform the meeting of the facts from
my perspective. I think you will find that my
wish is to repair the damage to the community spirit that used to exist before
TCCOA Ltd, was set up
In my application for costs damages and reparations, I will endeavour to hold
the directors personally liable for the
costs. However, having seen how the costs of the last legal action against the
old freeholders along the road were
covered up, I cannot imagine the directors revealing the true costs of this
irresponsible action. However, in case the
costs to shareholders are high, I would be willing to discuss some sort of ameliorating
actions with those not in a
position to pay the extra costs.
The first hearing at Plymouth County Court is scheduled for 17th January 2012.
It would be an honourable and responsible action if the Directors were to call
an EGM to gain consent before
embarking on any costly legal action. I am doubtful that your current committee
would even consider it.
I will publish this letter on my website www.eddystonecafe.com where shareholders
will be able to contact me for
further information or to show your support for the stand I am taking. Or if
you let me have your email address (mine
is jim@shekhdar,com), I shall keep you updated on progress
Yours sincerely,
Jim Shekhdar.