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Thursday, 27 February 2014

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            Rise up there young soldier
            They buried you long ago
            Don't you know
            You're a woman of the world

            And the boy 
            Had a cry
            With a gun
            In his eye
            Rise up there young soldier young man

            No fear

          
           

           

Monday, 17 February 2014

Chronic


17th Feb 2014

Dear M Lafferty,

Having read the 1 and 2 application rules, I copy them below for reference; I believe I have complied with those instructions, in particular, 1. d-f.

Rules of Court
Rule 47
1–Contents of an individual application
1.An application under Article 34 of the Convention shall be made on the application form provided by the Registry, unless the Court decides otherwise. It shall contain all of the information requested in the relevant parts of the application form and set out
(a) the name, date of birth, nationality and address of the applicant and, where the applicant is a legal person, the full name, date of incorporation or registration, the official registration number (if any) and the official address;
(b) the name, occupation, address, telephone and fax numbers and e
- mail address of the representative, if any;
(c) the name of the Contracting Party or Parties against which the application is made;
(d) a concise and legible statement of the facts;
(e) a concise and legible statement of the alleged violation(s) of the Convention and the relevant arguments; and
(f) a concise and legible statement confirming the applicant’s compliance with the admissibility criteria laid down in Article 35 § 1 of the Convention.
2.
(a) All of the information referred to in paragraph 1 (d) to (f) above that is set out in the relevant part of the application form should be sufficient to enable the Court to determine the nature and scope of the application without recourse to any other document.
(b) The applicant may however supplement the information by appending to the application form further details on the facts, alleged violations of the Convention and the relevant arguments. Such information shall not exceed 20 pages.


If however you are indicating 2 b, I do believe that it is optional to put relevant argument but I would like to draw the courts attention to the fact that in my Supreme Court application, I have counter-argued each point of the final Judgment, therefore I feel since all the documents are in the application, I have no need for unnecessary duplication. Please see the Supreme Court 1st application it is the first document in the application and points to relevant argument as to how my judgment misrepresented my legal argument in full.

Namely I pleaded that my lease contract made me insured to which I paid a contribution towards and my landlord did not exercise my rights conferred under the said contract/lease. This in ‘contract’ made me uninsured and breached the contract in law. I pointed this out to the Court of Appeal. I believe it is an issue of National importance because if a landlord does not make claims then is backed up by the joint insurance in court to save a claim then common sense says that no small business is insured at all, so what are we paying for?

I further argued that clause 5(22) in my leases where I cannot breach the terms of the insurance myself should at the very least, backed by the relevant and current laws to which I went on to argue in the Court of Appeal, be an implied obligation for the landlord, notwithstanding that the contract was simply breached by the landlord making me in law un-insured hence breach of lease.

I at no point in the case asked for a ‘repairing obligation’ to be implied. I had to learn a lot of laws for the Court of Appeal and I am not so stupid as to argue for an implied repairing obligation, when I have no repairing obligations as I am insured too, with the same insurer. To what law is it said I asked to be implied?

The judgment stated as fact that this is what I asked for. I did not. This is a lie.  The Judgment goes to great lengths to justify an imaginary case I did not plead. The transcript will prove it.

I have been misrepresented in full by the Court of Appeal and duly ignored by the Supreme Court (until this month 8 months too late, when I put it publically on the internet that I was in Europe) and this is not the first time that I have been treated unfairly in this trial that has lasted for 6 years, as stated in the, statement of facts no 14. The whole case has been unfair from the start to finish as stated.

Therefore to have access to Justice and the courts with speed, which is what is enshrined in the convention article 6, has been wholeheartedly breached and therefore my basic human rights have been violated let alone suffering loss of my life, health (chronic urticaria and depression), possessions and finances and being forced to learn the law and represent myself too or lose everything I have worked for in my life. I am not degree educated as I was taken into care at 13yrs.

I have survived an attempt, to ruin me for life, not only taking my premises by trespass with rent paid breaching article 1, but by judicial corruption in my case proved by me with documents catching the judiciary in this country red handed.

Further for this application I have sent the Feb ‘reply’ from the Supreme Court.
It would seem your request and my sending of the ‘reply’, crossed in the post.

Article 1 & 6 in my application is referenced here below but please note that I am not legally trained in any way and I cannot get a British Lawyer to represent me in this case because of the potential consequences for their own career and thus potential compromise of my case by them because of this.

I would like some answers about at what stage I can get legal aid but I wonder if I can appoint a lawyer in Europe who may not feel as much compromised?

I have put in article 13 here too but that is what I am doing now seeking effective remedy. Thus I do believe I only need quote Article 1 Protection of Property and Article 6 Right to a fair trial.

ARTICLE 1
Obligation to respect human rights
The High Contracting Parties shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I of this
Convention.
– Protocol 1

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Paris, 20.III.1952
THE GOVERNMENTS SIGNATORY HERETO, being members of
the Council of Europe,
Being resolved to take steps to ensure the collective enforcement
of certain rights and freedoms other than those already included
in Section I of the Convention for the Protection of Human Rights
and Fundamental Freedoms signed at Rome on 4 November
1950
(hereinafter referred to as “the Convention”),
Have agreed as follows:

ARTICLE 1
Protection of property
Every natural or legal person is entitled to the peaceful enjoyment
of his possessions. No one shall be deprived of his possessions
except in the public interest and subject to the conditions provided
for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair
the right of a State to enforce such laws as it deems necessary
to control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions
or penalties.

ARTICLE 6
Right to a fair trial
1.
In the determination of his civil rights and obligations or of
any criminal charge against him, everyone is entitled to a fair
and public hearing within a reasonable time by an independent
and impartial tribunal established by law.

ARTICLE 6
Right to a fair trial
1.
In the determination of his civil rights and obligations or of
any criminal charge against him, everyone is entitled to a fair
and public hearing within a reasonable time by an independent
and impartial tribunal established by law. Judgment shall be
pronounced publicly but the press and public may be excluded
from all or part of the trial in the interests of morals, public order
or national security in a democratic society, where the interests
of juveniles or the protection of the private life of the parties so
require, or to the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice the
interests of justice.
2.
Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
3.
Everyone charged with a criminal offence has the following
minimum rights:
(a)
to be informed promptly, in a language which he
understands and in detail, of the nature and cause of the
accusation against him;
(b)
to have adequate time and facilities for the preparation of
his defence;
(c)
to defend himself in person or through legal assistance of
his own choosing or, if he has not sufficient means to pay
for legal assistance, to be given it free when the interests
of justice so require;
(d)
to examine or have examined witnesses against him and
to obtain the attendance and examination of witnesses on
his behalf under the same conditions as witnesses against
him;
(e)
to have the free assistance of an interpreter if he cannot
understand or speak the language used in court.

[ARTICLE 13
Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention
are violated shall have an effective remedy before a national
authority notwithstanding that the violation has been committed
by persons acting in an official capacity.]

In your first letter you asked for me to re-sign the application. In your second letter you asked for me to send the Supreme Court reply. To both I have done. I hope this means that the 4th April can be ignored as I have a lease that runs out by then and any action before that can save my life as I know it, as I have replied. If there is anything further you need in the application now, or once it ‘s reviewed by chamber, I can provide it. I can also provide argument if you choose to ask for some from the UK at that stage.

I do believe their can be remedy and am willing to be given an offer by the UK but not one that in no way reflects my losses of hundreds of thousands of pounds. I see no point in compromise when all I want is accurate justice and a fair trial.

I have conducted myself professionally throughout and to the best of my ability despite the emotional and financial hardship to stay on legal aid to pay court costs and do the case myself I have thus far survived and by the mercy of God.

Everyday I risk falling, everyday I suffer, I am on a balancing act mentally and financially holding back a wave that could kill me for good, losing more than I have already lost when they hit me with half a million in costs.

What did I do to deserve such illegality by so many interested in protecting themselves? This case is completely extraordinary.

You must understand that I simply was trying to run two businesses and had serious repairs that needed doing on my insurance that the powerful landlord avoided. I did not set out to do battle with my landlord, nor their insured, nor the courts but in doing so I have hi-lighted some very important law internationally and that has serious consequences for insurers on repairing obligations.

Therefore they fight me all together with fierce means. I also believe they are active in destroying my reputation and also are working behind the scenes to stop me claiming any current losses by contacting agents that give me bookings and making legal requests to stop that, as it would show current losses to date.

This case is very active in it’s continued persecution of me and another on a daily basis for which we just need to see it ended with fair justice and of all those I normally represent in my work of setting up a youth economy to fight for children’s rights in this country. While I am out of action things are going wrong and I who they trust cannot help them at all as I have been robbed of my means.

Can you can add this to 1. E of the application as an additional 4 pages in accordance to 2B.

Article 35. 3. B shows that this application fulfils the criteria of significant disadvantage.

Kind Regards


Ms Mary Josofar Valdivieso Fortuno Flores.

Friday, 7 February 2014

“Until people get it that children’s rights are not a political agenda, they will not see the abuse is only a form of ‘prejudice’ and every form of prejudice has been outmoded by the people fighting for their rights and this is a natural evolution” MJVFF

You should know your own 'Rules' Lord's...

 This is Lord Kerr
 This is Lord Carnwath
This is Lord Toulson

There are Rules when one applies to the Supreme Court the Highest Court in the land...

I followed the rules

and waited at rule
20.     The time limit for the courts to reply is 28 days. Just to add that was all mid  2013.

(I will show all the rest of the rules at the end of the post if you are interested in "fair trial" rules.)

Above is my case number at the European Court of Human Rights and correspondence between us.

Oddly today I get an envelope marked from the Supreme Court. Since I have not had a fair trial or been treated with any respect by the courts to even follow their own rules, the envelope could be one of two or three things.

One in the case of Mary Josofar Valdivieso Fortuno Flores v UK it could be an offer to settle, as that is what Europe first offer a country.

Two it could be a BACKDATED letter to dismiss the case that it 'does not raise an arguable point in law' and is not in the public interest - standard reply

Three well that I did not expect..

but hey ho

it is my case

so what I got was a Feb 2014 reply but that breaks the rules of a fair trial anyway

oh but it is my case

of course they did that at the first hearing, gave judgment without reading my case at all 92 pages,
then I proved it and they simply gave a second Judgment...

So "JUST TO SAY THE SUPREME COURT HAS REPLIED"

Here is a copy






So I think I am still good for Article 1 of the Human Rights Act and Article 6 - Right to Property and Right to a fair trial...






For those that can see the rules here they are... The Supreme Court got stuck till today at 20.



Application to the Supreme Court

1.     Form 1 on A4, bound on left, use paper on both sides.
2.     The Application should set out briefly the facts and points of law and a brief summary of why the application should be granted.
3.     Section 5 of the form should have brevity and clarity when giving the information about the decision being appealed.
4.     The grounds to the Appeal should not normally exceed 10 pages of A4.
5.     The registrar to the Supreme Court will initially reject any application that fails to identify the relevant issues or applications not legible or produced in the right format. You can ask for advise from the registrar to approve the documents and later amend if necessary and serve to the other side as long as it does not unfairly prejudice or cause delay.
6.     Pay the fee, sign the application and serve to the Supreme Court and the parties.
7.      If the application for permission to appeal;

a)    Asks the Supreme Court to ‘depart’ from one of it’s own laws or that of the old House of Lords
b)   Seeks a declaration of ‘incompatibility’ under the Human Rights Act
c)    Seeks a ‘reference’ to the Court of Justice of the European Union

Then state this clearly and give full details. This is a must!
8.     A House of Lords decision is normally binding but the Supreme Court    would ‘depart’ if necessary.
9.     Include any other neutral laws of judgments or law reports and cite them.
10. You can have a public expert called an, ‘intervener’ if the case needs one or if the case is of public interest. As long as they don’t work for the establishment.
11. Get a certificate of service from all the parties you serve to prove you have. Include this in the application and state the method of service.
12. Serve the application to the registrar at the Supreme Court with 3 extra copies of the application plus 3 copies of the order appealed against and 3 copies of refusal by the lower Court to except permission to appeal. Then file on time.
13. The registrar will stamp and seal the application once checked and satisfied that it is correct. They will send this copy sealed back to you by post.
14. If the other side want to add to the application or reject it they can. They have 14 days to do this if they want to participate but notice to them must be given by serving them the application.
15. The application is then complete. Then 7 days after filing any additional papers must be served with 4 copies of the order appealed against, 4 copies of refusal of permission by the lower Court, 4 copies of any official transcripts that are necessary, 4 copies of any final ‘orders’ of all the Courts below, 4 copies of unreported judgments cited in the application of the courts below, 4 copies of a document which sets out a history of the proceedings to date. No other papers are required unless requested.
16. If there are any documents that are necessary to add explain why needed.
17. Any additional documents must be bound in the correct way and copied on both sides of the papers. There must be one and a half line spacing and no gothic script or Roman numeral. Documents must be labelled and indexed. The bundle of paper cannot be more than 2.5cm thick and must be comb bound. All this must be done within 8 weeks.
18. The appeal must then be decided if admissible.
19. The case must be relevant as an issue of public importance.
20. The time limit for the courts to reply is 28 days.
21. The courts must say if it is an issue of public importance.
22. Then if permission to appeal is granted both parties write submissions or have an oral hearing.
23. Points on the important ‘general laws’ must be raised or the case is dismissed with the Court giving the general law reasons. But there is no value in those reasons if dismissed to be then used as a future precedent
24. The Courts must address an application on community law, in full.
25. Permission can be then given outright to appeal with the order sealed.
26. The other side can respond within 14 days by invitation of the Courts and serving 4 copies or at an Oral hearing.
27. We don’t need to respond but the Court can invite further response from us.
28. Then the panel decides and makes an order or a proposal with some terms. We respond within the time frame given.
29. If the panel is giving permission with certain terms then the parties have the right to make further submissions on the proposed terms within 14 days. The panel then make a decision with or without terms. We have the right to pull out and appeal the terms by going to the Court of Appeal again. Then there is an oral hearing for further argument. The other side have 14 days to give any reasoned objections and no large costs can be claimed for this.
30. The oral hearing should be 30 minutes. Then the order is sealed.
31. Any expert witness on any issues of public importance can seek to make a submission in the public interest. 4 copies of these must be served before the application to all the parties and the court with certificate of service signed for, as received by all the parties.
32. If permission to appeal is granted the expert intervener must make a formal application to be involved.
33. Sealed orders are then sent to all the parties.
34. Within 14 days of permission being granted to appeal we must say if we want to proceed and must serve this to all the parties.
35. All the above should be done within 8 weeks but more generally from the application it takes 7 days.
36. The appeal is heard within 21 days of the decision to grant permission to appeal.
37. A judicial review of the case can take place if it has public interest.

Ref Notes:
1.
An Explanation about Corrupt Judiciary
and the latest that is being done xxx
Among other things, a dishonest judge can ignore evidence, twist rules and procedure, obstruct the record, retaliate, manufacture facts or ignore others, allow infirm claims or dismiss valid ones, deny admission of evidence prejudicial to the favored party, suborn perjury, mischaracterize pleadings, engage in ex parte communication and misapply the law.


http://www.coe.int/t/dghl/monitoring/greco/news/News%2820140127%29Eval4France_en.asp 

2.

http://www.theguardian.com/law/2013/nov/28/european-court-of-human-rights 


It was Lord Carnwath that said 'it is one thing saying that a landlord can get away with leaks on the premises but it is another when they come from outside the premises and are owned by the landlord... would of thought he would have championed my case then as the landlords premises outside mine leaked on mine... of dear the UK is very disappointing... 

3.

I did write to one of the three Judges that sent me a reply today.. in the summer..
I was hoping he might take an interest. I have learned that there is never much hope.
Dear Lord Kerr of Kinlochard,

I would like to meet in confidence with you at your earliest convenience to ask you're advice on a court matter of a sensitive nature with regard to Lord Justice Neuberger.

With a number of options I want to know how best to proceed without further upsetting anyone but with Valour and in the pursuit of Justice?

I would be most grateful.

Yours sincerely,

Mary Josofar Valdivieso Fortuno Flores.






Wednesday, 5 February 2014

RIP Lisa Gilbert who died aged 42. In Dec 2012 she reported that someone told her "arses were being kicked on my behalf" - Who said that to her? In early 2013 she takes to blogging and get's hold of me to defend me and to speak of those NAYPIC days as she was a volunteer for us as well as a case as that often happened. June she gets brave and reports historical abuse but tells us all on a blog she is fearful. The police contact me about her case once and that is it, I tell them anything I remember which is not that much as all my files are in police custody and still are, plus we have no organization still. I do believe there is much work being done in the society to promote those who are just trouble makers and to prevent those with real evidence to be smokes screened. I say do not trust what you are being fed. Bring back real NAYPIC representation where the actual people involved speak for themselves and are supported by others that have been there too. Do not trample on this post!!!!

Vincent - By Don McLean was Lisa's song
http://www.youtube.com/watch?v=SRzlD5i-nnI&feature=kp

Sunday, 2 February 2014

So how is it going in the European Court...

Well after a slow start, things should be picking up tomorrow...

Judgment was on the 24th May 13 at the Civil Appeals Court
Application was made to the Supreme Court June 13
All paperwork was sent back to me sealed so the service was good
Then I was completely ignored because of allegations of judicial corruption
So off to Europe I went within the six months deadline to the last hearing
Served Europe on the 15th Nov 13
Sealed and sent back to me Dec 13 with a barcode and request for signature by 31st Jan 2014

So next Monday it's all systems go...

In the Mix

Simon Wadsworth
To Me

14 Jan
Dear Ms Flores

Thank you for your email addressed to M Sweeney at One Housing Group, copied also to the Homes and Communities Agency (HCA).

We are unsure as to why this has been sent to the HCA?

Firstly The Homes and Communities Agency (HCA) became the social housing regulator on 1 April 2012.  A new independent Regulation Committee is responsible for regulation within the HCA.  The committee will set and oversee the Regulatory Framework, including the standards required of providers.
A copy of our framework can be found at:

The Role of the regulatory committee is to ensure that social housing continues to be available to current and future tenants and to support the supply of new homes and wider public benefits in a way that represents a fair deal for taxpayers.   The regulator will do this by:

•           Obtaining assurance that providers are governed effectively, financial viable, and focussed on value for money in relation to their social housing assets

•           Where providers are not meeting our economic standards, supporting them to address problems, and where necessary stepping in to ensure the social housing assets are protected

•           Facilitating new entrants to the sector, whilst ensuring they meet its standards and offer good value to the taxpayer

•           Supporting providers to secure private finance at competitive rates, by offering assurance to lenders and working with providers and lenders to develop the lending market

To help social housing tenants get a fair deal by:

•           Setting clear consumer standards for social housing tenants

•           When presented with evidence of serious harm or potential serious harm, addressing the issues quickly and effectively in relation to social housing tenants

So our role is one of primarily an economic regulator. The HCA as regulator does not have a statutory mandate to deal with complainants and cannot mediate in disputes between landlords and tenants or others. Providers have principal responsibility for dealing with, and being accountable for, complaints about their service, and the Tenant Involvement and Empowerment standard requires that they have clear and effective mechanisms for responding to tenant complaints. A tenant or other with a complaint against the landlord should raise it with the landlord in the first instance.

Therefore our role, regulatory remit and framework document relate to social housing and social housing tenants.  It is not clear as to what your relationship is with One Housing Group. If you are not a social housing tenant and the properties in question are not (they seem to be commercial properties) then it is unlikely your issues would fall within the role of the social housing regulator. I would advise in the first instance to review our regulatory framework document. If your matters relate to any commercial or business relationship with One Housing then you will need to continue with your own legal case with any breaches in the contractual agreement you have with them.

However for us to consider clearly what information you are bringing to the Regulator can you confirm the following:
Are you a social housing tenant, social housing leaseholder, commercial tenant or have a contractual agreement with One Housing?
Are you still a social housing tenant with One Housing Group?
From reading our regulatory framework what breaches of our standards to you believe has happened to you if you are a social housing tenant?

Once we have received this information we can assess your concerns more appropriately in relation to our role.

I hope this information assists you.

Regards

Simon Wadsworth 
Referrals and Regulatory Enquiries Advisor
Homes and Communities Agency
The Social Housing Regulator
1st Floor, Lateral, 8 City Walk, Leeds, LS11 9AT
T: 0113 233 7170
Switchboard: 0300 1234 500
homesandcommunities.co.uk

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PROTECT - COMMERCIAL
From: Scarlet Maguire Gallery [mailto:scarletmaguire@yahoo.com]
Sent: 13 January 2014 15:34
To: lizzie.clifford@housing.org.uk; michelle.smith@housing.org.uk; msweeney@onehousinggroup.co.uk; Monique Jamera; editorial@camdennewjournal.co.uk; Z_mail
Subject: Par for the course - Fw: 106-108 Cromer Street shop availability

Dear Mick Sweeney,

When people come to my humble one bedroom flat that I have had since I was 19 years old fresh out of the care system, they say "I love your flat". I think, 'what is there to love' as they all say it.

When I walk down my street in Tonbridge Street I look at my two shops 'spaceshift' and 'Scarlet Maguire Gallery' and I see some sort of devastation of one of my two shops, somewhat reminiscent of some bombed out town in Northern Ireland, in the day, since it was actually given rent free to a tenant for a year to run almost like a joyrider into the ground, that people in the area used to be proud of in the same way as with my flat and they used to say "I love your shops".

So what am I doing right that has created so much wrong and what kind of a mind have I got to keep on fighting?

Should I just accept in these days of a lack of social justice, corruption and greed that this is all just par for the course? I don't think so... or we would all just be apathetic and accept a life times worth of financial ruination and effectively slavery with an ongoing acceptance of negative mental health born out of real situations and not voices in our head which thus far I am glad to say I have not experienced.

I have from 2008 to 2014 experienced however wrongful eviction for a single day late rent payment, been hauled through the county court for a period of two years, faced legal costs of £400,000, been misrepresented in full at the Court of Appeal, ignored in full by the Supreme Court and now am successfully in the European Court of Human Rights exercising my rights under Article 1 'right to protection of property' and Article 6 'right to a fair trial' and all this I might add I have done without any legal help as I was forced to get my justice by representing myself, which is I must add has been pretty much more than a full time job especially against the top Landlords and Tenants QC's in this country employed by the landlord One Housing Group.

There are a few things about my case that can be safely said;

1) I experienced flooding and leaks that came from the landlords properties that kept putting me out of business. During those times I was still forced to pay rent and business rates.

2) Even though I paid insurance to the landlord against any such incident occurring which would protect me from having to pay rent and compensate me in the event of these types of occurrences my rights conferred in the insurance policy were not exercised by my landlord.

My 10 years lease for 'spaceshift' runs out in April 2014 so I approached the landlord in December to say;


Dear Mick Sweeney,

Historically I am sure your intention was not to ill will me and I have no doubt that it was influenced by the purposes of the insurance company in saving money but nevertheless the deed has been done thus far effectively.

Bearing in mind intention, what do you want for the shop?

After all business is business and I am interested.

Mary Jo VF Flores

To which there was no reply.

I feel like a cat marking territory and generally know what is going on with those shops at all times. An estate agent moved in to 'Scarlet' and I happen to see him marking my shop as his new territory and sure enough, I find out as I always do, he wants it. So I approach him and say look mate, there is £400 pounds worth of copper on the bar, there is a grands worth of glass, there is four grands worth of new boiler and 13 radiators, five grand in wooden flooring laid throughout, apart from you and I no one has put in an interest and those assets are mine. I have just about kept my sanity whilst the last tenant ran the place down. He said to me 'well' and gave me that look as business has no morals, so I said well I will not be happy and "if I am put to fighting for my rights, I'll take this one back as well" maybe it was fate as I may have left him out of it but now I too want to put Scarlet back!

In competition law, the landlord should have replied. Yet another mistake I think Mr Sweeney!!! No justice, no peace, no matter how long it takes.

Jo Flores


spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7837 6680
mob: 07916 325037

On Friday, 13 December 2013, 12:37, Scarlet Maguire Gallery <scarletmaguire@yahoo.com> wrote:

Dear Mick Sweeney,

Historically I am sure your intention was not to ill will me and I have no doubt that it was influenced by the purposes of the insurance company in saving money but nevertheless the deed has been done thus far effectively.

Bearing in mind intention, what do you want for the shop?

After all business is business and I am interested.

Mary Jo VF Flores

spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7837 6680
mob: 07916 325037


Me
To Simon Wadsworth

14 Jan
Hi Simon,

I never forget a name.

The email is for your information at this stage.

I understand that the estate agent is signing for the property today and that does seem very in house. I also refer to policy in letting even of commercial property.
Your interest in public money being well spent as a body albeit a new one is of the place being trashed for a year rent free after all Camden handed over those properties in good faith and with contract issues in place to keep in repair and good governance.

I copy in an old email conversation I had with you before in case you have forgotten.


Alan Williams Snippet unavailable
3 Nov 2008
spaceshift Snippet unavailable
4 Nov 2008
Alan Williams Snippet unavailable
5 Nov 2008
spaceshift Snippet unavailable
5 Nov 2008
Alan Williams Snippet unavailable
5 Nov 2008
Simon Wadsworth Snippet unavailable
6 Nov 2008
Simon Wadsworth Snippet unavailable
7 Nov 2008
Me Snippet unavailable
7 Nov 2008
Simon Wadsworth
To Me
7 Nov 2008
I have again checked with our regulation team.  They have again stressed that the Housing Corporation is not the appropriate body to raise these matters with.  If you feel that their is a fire risk you should be raising it with the Health and Safety executive or Fire Department.  The Housing Corporation cannot assess if what you claim is a fire risk.  For your own issues your course of action is through a legal process.
If you are still dissatisfied with the service you have received from the Housing Corporation then please review our complaint booklet.  A copy is attached for you.  However this will address our service not to look again at your issues with One Housing Group.  Your complaint will be considered through stage 2 of our complaint process.
I can appreciate that this is not the response you were hoping for.  However our regulation team have reviewed your emails and given the appropriate advice for you to follow.
Again please except my apologies for your dissatisfaction.
Simon Wadsworth | Enquiries and Complaints Assistant
Housing Corporation | 1 Park Lane | Leeds | LS3 1EP
Tel: 0113 233 7170 | Fax: 0113 233 7101
Please note: From 1 December 2008, I will transfer to the Tenant Services Authority. From that date, my email address will be simon.wadsworth@tsa.gsx.gov.uk


From: Scarlet Maguire Gallery [mailto:scarletmaguire@yahoo.com]
Sent: 07 November 2008 15:10
To: Simon Wadsworth
Subject: RE: Building advice
As a commercial tenant the complaints procedure does not apply to me. However as a concerned member of the public pointing out a fire risk, I find your attitude appaulling.

 
spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7278 4404


--- On Fri, 11/7/08, Simon Wadsworth <Simon.Wadsworth@housingcorp.gsx.gov.uk> wrote:
From: Simon Wadsworth <Simon.Wadsworth@housingcorp.gsx.gov.uk>
Subject: RE: Building advice
To: "spaceshift" <info@spaceshift.co.uk>
Date: Friday, November 7, 2008, 3:04 PM
Thank you for your further email.
I am sorry to hear you are dissatisfied with my response.  However your emails were reviewed by our regulation team, who have advised you as appropriate to seek your own legal advice and One Housing Group's formal complaints process.
Simon Wadsworth | Enquiries and Complaints Assistant
Housing Corporation | 1 Park Lane | Leeds | LS3 1EP
Tel: 0113 233 7170 | Fax: 0113 233 7101
Please note: From 1 December 2008, I will transfer to the Tenant Services Authority. From that date, my email address will be simon.wadsworth@tsa.gsx.gov.uk


From: spaceshift [mailto:info@spaceshift.co.uk]
Sent: 07 November 2008 14:58
To: Simon Wadsworth
Cc: 'Jonathan (Councillor) Simpson'
Subject: RE: Building advice
Dear Simon,
 
Thank you for responding, I did wonder why Housing Corporation didn’t seem to have an interest when I am clearly whistle blowing to whom I believe to has the authority to force this housing association to protect its tenants be it residential or commercial lease holders of a national voluntary organisation.
 
It would seem however that Mick and Peter’s personal relationship is heavily protected.
 
QUOTE
 action that must be taken to protect the interests of the tenants-prima facie evidence of misconduct and mismanagement
 
QUOTE
am worried that the major leak that lasted 3 years in the electricity room (which in May 2008 was finally fixed), exposed that there were 12 water pipes in that common part electricity room. They now need to be sealed (exposed now for 6 months) in a watertight way. Despite me reporting it to the Camden New Journal on June 12th 2008, the fire brigade and the environmental health who both wrote to Mick Sweeney to pass to Oliver Barnett and Monique Jam era about the fire risk concerned, the repair is still outstanding.
 
QUOTE
Surely you are all aware that this is non-compliant with the Housing Act 1996 as well as a breach of para 23 (1) & (2) of schedule 1. This too is ‘Failure over time to address known or potential problems’ which is Housing Corporations own codes of conduct in assessing a housing associations regulatory codes, could have you under supervision for that as well as directors suspended.
 
At this stage I can only offer to show you the dangerous area. The UCH building is minutes walk from our commercial premises so perhaps you won’t find it too much trouble to come and have a look for yourselves, urgently or would it take a fire or a death to prompt any action.
 
My mobile is 07916 325037.
 
I must say Simon I am very shocked at your curt reply.
 
Jo Gavin
 
spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7278 4404
 
spaceshift...
in association with Scarlet Maguire Gallery
106-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7278 4404
 


From: Simon Wadsworth [mailto:Simon.Wadsworth@housingcorp.gsx.gov.uk]
Sent: 06 November 2008 11:49
To: info@spaceshift.co.uk
Cc: AW@onehousinggroup.co.uk
Subject: RE: Building advice
 
Thank you for the copies of emails that you have sent to the Housing Corporation enquiries email account.
 
This matter you have with One Housing Group is not within the remit of the Housing Corporation to get involved with.  Housing associations are independent bodies responsible for their own performance and management. This is a contractual matter that you need to seek resolution through your own solicitors or the Housing Groups own formal complaints process.  There is nothing further for the Corporation to add to this situation.
 
Simon Wadsworth | Enquiries and Complaints Assistant
Housing Corporation | 1 Park Lane | Leeds | LS3 1EP
Tel:0113 233 7170 | Fax: 0113 233 7101
 
Please note: From 1 December 2008, I will transfer to the Tenant Services Authority. From that date, my email address will be simon.wadsworth@tsa.gsx.gov.uk
We welcome your feedback
In accordance with our service standards the information provided should be despatched within 5 working days from receipt of request.
If you would like to provide us with any feedback on the information provided or any other area of our service, please email OtherEnquiries@housingcorp.gsx.gov.uk or write to our enquiries and complaints team at the above address.
 
 


From: Alan Williams [mailto:AW@onehousinggroup.co.uk]
Sent: 05 November 2008 15:53
To: spaceshift
Cc: Enquiries ; Gareth Crawford; Oliver Barnett; msweeney@onehosinggroup.co.uk
Subject: RE: Building advice
Dear Jo Gavin
 
I note your comments. The issue of repairs and maintenance are dealt with by Oliver Barnett and no doubt he is acting on these.
 
Regards
 
Alan Williams
Group Development Director
 
one housing group
Tel: 020 7428 4212
Fax: 020 7428 4297
awilliams@onehousinggroup.co.uk
www.onehousinggroup.co.uk


From: spaceshift [mailto: info@spaceshift.co.uk ]
Sent: 05 November 2008 15:42
To: Alan Williams
Cc: enquiries@housingcorp.gsx.gov.uk; Gareth Crawford; Oliver Barnett; msweeney@onehosinggroup.co.uk
Subject: RE: Building advice
 
Dear Alan,
Thank you for making your position suddenly so clear.
We have always paid the rent please check your finance dept Clarence Smith, who called me the day after the shops were first repossessed (29th Oct 08) to say cheque’s had regularly got lost recently due to reception losing them.
Yesterday we were broken into again even though we handed in proof of payment Friday 31st Oct to your finance dept.
Today we tried to serve an Injunction at around 8.30 am this morning by handing a Court Order to the One Housing Group Chief Executive Mick Sweeney after shaking his hand, and stating that this was to prevent you breaking into our shops again, but Mr Sweeney’s reply was: “I don’t wanna know about that” and walked away. We then served the injunction by handing the paperwork to Oliver Barnett and were given back keys to new locks by this afternoon, Copy of Injunction is attached.
To date we, as commercial leaseholders, have always paid the rent, put tens of thousands of pounds worth of refurbishment into both properties and have taken much care to provide the local community and young people with art and opportunities over these last 9 years.
Unfortunately we have had to face an incredibly long series of problems to do with the building, whose entire responsibility for solving was that of CHA. The response we received from various departments at CHA was slow and mostly inefficient, which resulted in causing us a lot of business interruption and serious consequential losses. CHA, and more recently One Housing Group have simply tried to continuously hide their initial and ongoing incompetence.
Further to hiding flaws within your organization and trying to buy time, the latest illegal cowboy tactics employed by your Commercial Property Assistant Director Oliver Barnett over the last week can only put further shame to your name: you, or whoever is making decisions here, are now simply trying to make us disappear, in the hope clearly that this will make any outstanding issues around disrepair vanish at the same time! How convenient!
Ignoring a problem, denying responsibility, passing on the problem over to your Insurance, refusing to repair insured damages, using dishonest and blatantly illegal tactics to threaten, blackmail and finally evict your tenants, none of these have made the problem disappear, in actual fact it has just resulted in getting matters much worse, for us obviously but for you too.
I think it is time for CHA and One Housing Group to finally face their responsibilities as landlords and to stop behaving like bullies. I think it may be time for the Housing Corporation, namely Peter Dixon, to step in and deal with this matter on a personal basis, don’t you?
Would you please address the current issues of major dis-repair immediately since we have been unable to trade for 11 months and 6 months respectively on each shop, while having to pay rent!
Jo Gavin.
Director
spaceshift...
in association with Scarlet Maguire Gallery
106-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7278 4404
 


From: Alan Williams [mailto:AW@onehousinggroup.co.uk]
Sent: 05 November 2008 08:00
To: spaceshift
Cc: enquiries@housingcorp.gsx.gov.uk ; Gareth Crawford; Oliver Barnett
Subject: RE: Building advice
 
Dear Jo Gavin
 
I am aware that One Housing Group has taken possession of its commercial premises that were leased/rented to you for non-payment of rent. It seems therefore that your grievances stem from that action and you should pursue them in an appropriate way.
 
I am unaware of the status of repairs at the premises but, as you are no longer the tenant, they are clearly no longer a matter for you.
 
Gareth Crawford is the Director responsible for our commercial portfolio and I can only refer you to him.
 
Alan Williams
Group Development Director
 
one housing group
Tel: 020 7428 4212
Fax: 020 7428 4297
awilliams@onehousinggroup.co.uk
www.onehousinggroup.co.uk


From: spaceshift [mailto: info@spaceshift.co.uk ]
Sent: 04 November 2008 21:42
To: Alan Williams
Cc: enquiries@housingcorp.gsx.gov.uk
Subject: RE: Building advice
 
Dear Alan,
 
Thank you for your reply. Gareth Crawford is and has been aware of some of the disrepair issues for some time and I have attempted to meet with him, Oliver and the local councillor Mr Jonathan Simpson many months ago about the ongoing danger to ourselves and the residents. Gareth and Oliver both stated that they would meet with my representative Jonathan Simpson but not with me the leaseholder and gave no good reason for this ridiculous teacher/pupil standpoint it was absolutely outrageous.
 
I am worried that I am not being given any advice and wet rot has been for years now growing off my ceiling from no natural or mechanical ventilation what so ever which poses a major structural question to repair, hence your advice, when in doubt go to the top man.
 
I am worried that the major leak that lasted 3 years in the electricity room (which in May 2008 was finally fixed), exposed that there were 12 water pipes in that common part electricity room. They now need to be sealed (exposed now for 6 months) in a watertight way. Despite me reporting it to the Camden New Journal on June 12th 2008, the fire brigade and the environmental health who both wrote to Mick Sweeney to pass to Oliver Barnett and Monique Jam era about the fire risk concerned, the repair is still outstanding.
 
Surely you are all aware that this is non-compliant with the Housing Act 1996 as well as a breach of para 23 (1) & (2) of schedule 1. This too is ‘Failure over time to address known or potential problems’ which is Housing Corporations own codes of conduct in assessing a housing associations regulatory codes, could have you under supervision for that as well as directors suspended. That However is nothing compared to residents or us shop owners burning to death.
 
I hope I can meet with you to discuss the association taking a lead in these ongoing matters of disrepair and to sort them out once and for all in a speedy manner.
 
Many Thanks
 
Jo Gavin.
 
 
spaceshift...
in association with Scarlet Maguire Gallery
106-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7278 4404
 


From: Alan Williams [mailto:AW@onehousinggroup.co.uk]
Sent: 03 November 2008 15:56
To: spaceshift
Subject: RE: Building advice
 
I have referred your e-mail to Gareth Crawford, the Director of New Initiatives (the Director responsible for commercial premises). He will contact you shortly.
 
Regards
 
Alan Williams
Group Development Director
 
one housing group
Tel: 020 7428 4212
Fax: 020 7428 4297
awilliams@onehousinggroup.co.uk
www.onehousinggroup.co.uk


From: spaceshift [mailto: info@spaceshift.co.uk ]
Sent: 03 November 2008 15:07
To: Alan Williams
Cc: enquiries@housingcorp.gsx.gov.uk
Subject: Building advice
 
Dear Alan,
 
I need your advice regarding a major structural problem I have at my commercial premises 106-108 Cromer Street .
 
I have previously tried and failed to receive any kind of advice and guidance from ‘One Housing Group’ and thought you may be able in your role to give me the advice I need.
 
I also want to write to Hugh Lake regarding,  action that must be taken to protect the interests of the tenants-prima facie evidence of misconduct and mismanagement but Joylin at his office is away, reception don’t have his number and Leila has not yet called me back.
 
I would like to make you aware that Oliver Barnett and I have a pointless relationship where he does not answer simple enquiries and takes actions that can only be seen as a violation of my rights;
 
Improper inducement to fix my floor 104 Cromer Street , costing £5,000 or he would double my rent. Then served a section 25 despite all the repairs.
 
Refusing to answer my letter stating he owes me £31,000.00 outstanding rent.
 
Serving me with notice to get rid of me as a tenant and then breaking into my shops.
 
I simply want repairs done and cannot deal with this bully who I am now taking to court.
 
Can you please call me back
 
Jo
 
 
 
 
 
spaceshift...
in association with Scarlet Maguire Gallery
106-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7278 4404
 

Best

Mary Flores



spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7837 6680
mob: 07916 325037
Simon Wadsworth
To Me

14 Jan
Dear Ms Flores

Thank you for your clarification.

Although this will not assist you, our role as regulator has changed dramatically from 2008.  Under the new regulatory framework (link included in my last email)  we cannot get involved in matters concerning commercial properties.  If you would like to see further information on our role please see page 30 onwards of the framework. The issue of a ‘trashed property’ is a matter for the landlord and not for the regulator.  You may send emails regarding your situation to the HCA mail@homesandcommunities.co.uk however unless they are matters that demonstrate a breach of our standards in relation to social housing tenants then there is nothing further for the regulator to action.

I hope this clarifies our position.

Regards

Simon Wadsworth 
Referrals and Regulatory Enquiries Advisor
Homes and Communities Agency
The Social Housing Regulator
1st Floor, Lateral, 8 City Walk, Leeds, LS11 9AT
T: 0113 233 7170
Switchboard: 0300 1234 500
homesandcommunities.co.uk




PROTECT - COMMERCIAL
Me
To Simon Wadsworth

14 Jan
Clearly, for now.

Thank you.
spaceshift...
in association with Scarlet Maguire Gallery
104-108 Cromer Street
London WC1H 8BZ
UK
tel: 00 44 (0) 20 7837 6680
mob: 07916 325037