TCCOA Legal Action against us - and the cafe:
| 14th January 2012 - Summary | Updates |
On 23rd December I received a 'Notice of Claim' from Plymouth County Court asking for forfeiture of the land at the top of the track, which it seems, as far as the TCCOA committee are concerned, also gives them the right to control or cancel my access to the track and the hoist, both of which are essential for my business and have been associated with the cafe for many years. Reasons for this action remain questionable but I assume is driven by Mr Somerville and his sycophants who have been determined over the past 4 years to interfere in my business. As the committee and the solicitor they have retained refuse to talk to me, I have no alternative than to defend the claim and I have taken the opportunity to make a counter claim to resolve all the issues between the committee and myself that have arisen over the past 5 years. I was refused the opportunity to explain the situation in to the TCCOA AGM in 2011 and 2010. In 2011 I distributed a letter to the attendees of the AGM promising that I would inform shareholders if the committee persisted in their actions as soon as it had financial implications for the other directors. The letter I sent out thidsweek can be read here - (letter to shareholders dated 9/1/12). The committee has already spent a significant sum on their solicitor and it appears a barrister. It is likely that the total costs of this case will exceed the amount that the same committee wasted on their abortive legal actions against three 'old freeholders' which I believe was in the region of £60,000 although the company accounts do not show those costs. I do not want this action to continue - but now that they have started to cost me money, at the very least I shall be seeking costs from the company. It is inconceivable in normal practice that these arrogant people would not consult fellow shareholders through an EGM if they wished to commit such a large sum of money on legal costs. My legal expenses insurance is only activated after the insurance company assesses that the chances of winning are good. They will insist on claiming all costs once they are involved. The first hearing is on 27th January, where an adjurnment is expected from the Judge. There is therefore an opportunity for anyone concerned to hold the committee accountable by calling an EGM. If any shareholders wish me to attend such an EGM to explain the siituation please email me at jim@shekhdar.com I shall be posting updates as matters progress.
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Summary:
On 23rd December I received a 'Notice of Claim' from Plymouth County Court asking for forfeiture of the land at the top of the track, which it seems, as far as the TCCOA committee are concerned, also gives them the right to control or cancel my access to the track and the hoist, both of which are essential for my business and have been associated with the cafe for many years.
Reasons for this action remain questionable but I assume is driven by Mr Somerville and his sycophants who have been determined over the past 4 years to interfere in my business. As the committee and the solicitor they have retained refuse to talk to me, I have no alternative than to defend the claim and I have taken the opportunity to make a counter claim to resolve all the issues between the committee and myself that have arisen over the past 5 years.
I was refused the opportunity to explain the situation in to the TCCOA AGM in 2011 and 2010. In 2011 I distributed a letter to the attendees of the AGM promising that I would inform shareholders if the committee persisted in their actions as soon as it had financial implications for the other directors. The letter I sent out thidsweek can be read here - (letter to shareholders dated 9/1/12).
The committee has already spent a significant sum on their solicitor and it appears a barrister. It is likely that the total costs of this case will exceed the amount that the same committee wasted on their abortive legal actions against three 'old freeholders' which I believe was in the region of £60,000 although the company accounts do not show those costs.
I do not want this action to continue - but now that they have started to cost me money, at the very least I shall be seeking costs from the company.
It is inconceivable in normal practice that these arrogant people would not consult fellow shareholders through an EGM if they wished to commit such a large sum of money on legal costs.
My legal expenses insurance is only activated after the insurance company assesses that the chances of winning are good. They will insist on claiming all costs once they are involved.
The first hearing is on 27th January, where an adjurnment is expected from the Judge. There is therefore an opportunity for anyone concerned to hold the committee accountable by calling an EGM.
If any shareholders wish me to attend such an EGM to explain the siituation please email me at jim@shekhdar.com
I shall be posting updates as matters progress.