Concerned Residents

Challenging the share list of a British registered

privately owned company. Within 3 months of the arrival of "Moriarty" on the "CROC" Estate , the share holder list had been engineered. Somehow, someone removed some shares, all the share numbers and all the shareholder addresses. An alphabetical list of names was registered instead. This means there is little possibility that any 3rd party could connect all non-resident shareholders, or shareholders not on the electoral role, to any flat. Could some names even be aliases? Was something wrong with the uncontroversial way our company had previously recorded share ownership for 23 years?

Some shareholders might wonder just why CROC went to all the trouble of seeking original share records and producing a spread sheet which shows who owned each issued share in our company prior to the unnecessary change in the system? When the "CROC" Estate company was set up, all shareholders were residents, ONLY residents could buy a share. Each share had a number which was given at the time of issue. The system was later changed, openly and by consent, to include non-resident flat owners as shareholders. ONLY FLAT OWNERS CAN OWN A SHARE OF OUR "CROC" Estate COMPANY. When a flat is sold, the share must either be transferred to the new owner, or, it must be bought back for the nominal £1 and cancelled. It is then invalid.

If someone owns more than one flat they can own more than one share BUT they can ONLY have one voting share - the first share they bought in the "CROC" Estate Company. The Articles of our Company were changed, again openly, at an AGM, to incorporate this privoso, because, in the early days, someone with a lot of money bought flats to gain shares! Their intention was to have a block vote of shares, and to thus gain control of the Estate by stealth. There are always asset strippers or speculators looking to make a fast buck! That attempt to "stitch us up" failed. As flat owners we had been both vigilant and lucky! This shows, though, just how important it is to remain alert, if we, as flat owners, want to retain our assets and our independence!

As to your share:

There can NEVER be more issued shares in the "CROC" Estate than the number of flats here. At the moment there are around 240 flats.

Our accountants have certified that there are either 209, 218 or 230 shares, depending on which "certified" version of the accounts is correct! The CROC spreadsheet suggests that 232 shares have been issued, but some were issued to the original tenants who have since died. On the death of any original tenant-shareowners their share should have been bought back, cancelled and withdrawn. Long term tenanted flats become significant assets of the "CROC" Estate on the death of the tenant. These assets are communal/joint assets owned by all of us. Under no circumstances can any share that had been owned by a long term tenant be used by anyone, either individually or collectively.

Your £1 share actually MEANS THAT YOU OWN AROUND 1/230th OF THE TOTAL ASSETS OF THE "CROC" Estate company. These assets include your portion of "CROC" Estate owned flats; your portion of the "CROC" Estate owned garages; and your portion of the freehold of the "CROC" Estate gardens and other communal parts. This is one of the reasons we, at CROC, can seem touchy about our "common parts" rights. We believe the situation as set out in OUR, repeat OUR leases is non-negotiable. Any newspaper reader will have seen articles about people who own houses but have no right of access to them! Should, God forbid, a private equity company suddenly appear on the horizon, your share could be worth in the region of £35,000 plus - Yes, 35 THOUSAND POUNDS PLUS! However, the quality of your life would plummet if outsiders gained control of the "CROC" Estate ! Where is your share certificate?

(It seems "CROC" is temporarily out of webspace! We'll have to add more pages! When we do we'll scan in a newspaper article about a house with no right of access!

Could this be a mirror image of our situation?

Friday 9th September, 2005. Front Page. Barnes, Mortlake and Sheen Times.

Within a 1.5 mile radius of the CROC Estate are other

examples of ill-treated residents.

A prestigious estate, owned by leaseholder/shareholders, and with a gated-entrance, is forcing each car owner to pay £40 for an electronic gate-opening-device unique to a particular car/driver. Elderly residents who do not own cars can no longer have taxis come onto their own, THEY "OWN IT! estate. The carless elderly struggle, sometimes with luggage, to meet their taxi outside the premises!

Source: a concerned female.

On a road leading to Richmond Hill, a middle-sized block of leased flats, near to the Catholic Church, had their maintenance charges trebled within a year. These leaseholders do not own their freehold, which was "taken over".

Source: a fellow parishoner.

February 2007: The British Treasury has decided that the UK planning system is a barrier to business! Those "at the Treasury" want to remove what THEY SEE as obstacles. These include YOU; your community; and Community-based Pressure Groups should any wish to become involved!

The current town and country planning system plays an absolutely crucial role in protecting both our environment and communities. CROC members are amongst those who believe that involvement from local people not only improves the quality of the decisions made, but is the key to successful developments.

Groups and individuals with broadly similar to views to "Concerned Residents".

Brighton Pavilion Labour and Co-operative MP David Lepper is backing a call in the House of Commons to force landlords of leasehold property to make leaseholders more aware of their rights.

Being a Leaseholder: The Essential Guide to Owning a Flat

Excellent link to help source other bookshops across England.

Social Enterprise London.

Social Enterprise London might well be able to help residents in estates of non-profit-making groups of flats or houses, regardless as to how wealthy the residents are or are not! At "CROC" until the current regime took over we fell absolutely into the "social enterprise" category. We made no profit and we "balanced the books" at the end of each financial year with a small adjustment monetary adjustment upwards or downwards. This "social enterprise" status meant that the "CROC Estate", like all other estates which have their status approved by the Inland Revenue, was not liable for national taxes.

One of the first things "Moriarty" did on his arrival was to disassociate the Estate from the Inland Revenue "social enterprise" scheme. Then, "Moriarty", manager, who had enhanced his own qualifications, spent 3 months re-adjusting "our" accounts (and other records?). This has cost us, as residents, dearly.

The help Social Enterprise London can provide for "social enterprise estates" will, finally, depend on the actual wording and conditions laid out in the leases. We suggest that any UK estate a similar, or broadly similar, submit copies of their leases (free of charge) to see if they are eligible for help.

Information which might prove useful to other "Concerned Residents" and/or more general campaigners.

The Assets Recovery Unit: We do know that the government plan to run down, and then to close the Assets Recovery Unit. However, they do have a stand at the (June) 2007 Annual Conference of the Institute of Trading Standards Officers (ITSA) . Anyone who comes across evidence of another "creaming off" or "hiding assets" should contact the Assets Recovery Unit for free, confidential advice.

Searching for Companies registered in Channel Islands. There is currently no way of searching for individual director names, but this is in preparation.

Trade Names: There is no Register of Trade Names in Guernsey and Alderney, but there is one in Jersey.

To look for a company registered in Alderney contact the Company Registry, The Clerk of the Court, States Office, New Street, Alderney. tel: 01481 822817

To look for a company registered in Guernsey contact: Her Majesty's Greffier, The Company Registry, The Greffe, Royal Court House, Guernsey, GY1 2PB. They hold information on Registrations of Limited Liabilty Companies and Limited Partnerships. As yet there is no Register of Individual Directors. They accept telephone enquiries: 01481 725277: fax 01481 715097.

To look for a company registered in Jersey, contact The Director of Companies Registry, The Financial Services Commission, PO Box 267, Nelson Street, David Place, St Helier, JE4 8TP. tel: 01534 822030: fax 01534 822003. All records of registrations are available on computer which can be accessed by the public. The cost of a search is £10 plus 25p for each page printed out. Cheques to Jersey Financial Services Commission or by credit card. Anyone with a complaint against a company which is registered in Jersey, should click through to this site, then click on 'About Us' where there is a mechanism to register your complaint.

"CitizenAdvice" from the CAB; and Citizen's Advice Bureau in Jersey, The Annexe, St. Paul's Community Centre, New Street, St. Helier, Jersey, JE2 3WP, The Channel Islands. Local freephone 0800 7350249: otherwise 01534 724942 or fax: 01534 617508. We found the volunteers at the Citizen's Advice Bureau in Jersey, helpful.

Companies with a legal status must be registered. Here are sources of UK company information. Companies House within the UK has been streamlined. Sadly, the overstretched staff are now, inevitably, often less helpful. General UK company information and advice:

The Companies House Contact Centre: 0870 33 33 636. Lines open 08:30 - 18:00 UK time: Monday to Friday, NOT national holidays.

Minicom - 02920 381245
email: enquiries@companies-house.gov.uk; and feedback c/o Mr Ian Smith, The Customer Services Manager, ismith@companieshouse.gov.uk

The London walk-in Centre for Companies House is at 21, Bloomsbury Street, London WC1B 3XD, about 1 minute walk from the British Museum. There are excellent, free toilet facilities!! Staff are quite helpful. The computer terminal nearest to the counter is a specialist one with more facilities. These include searching by postcode, and the details of many EU-based companies are now coming on-line.

All terminals are free to use, and basic information is free too. Other prices range up to around £5.00. The usual searches are carried out by Company name; Company number; or Company Director or Secretary surname. If using surnames we suggest you also cross-reference the details of any spouse (if known), and possibly anyone else registered as living at the same address. You can search for these by using the specialist terminal at Companies House for searching by postcodes, or by using the Electoral Role. That is held at the local Reference Library. Company Directors must submit details of their other UK directorships. Details of the mortgages held by any privately owned (like ours) company are listed, as are the details of the shareholders. This does not apply to publicly listed companies (plcs). All UK registered companies must file their accounts. The public can print off items at a reasonable cost.

Northern Ireland: Web-filing and company information now goes through the UK Companies House site. The local Customer Counter is on 1st Floor, Waterfront Plaza, 8, Laganbank Road, Belfast, BT1 3BS and personal callers can visit between 10.00 am and 4.00 pm Monday to Friday. 0845 604 88 88 / fax: 028 9090 5291.

Scotland: Companies registered in Scotland are now also found through the main Companies House site. Companies House in Scotland is at 37 Castle Terrace, Edinburgh, EH1 2EB. DX ED235 Edinburgh 1.

The Data Protection Registrar (www.informationcommissioner.gov.uk)

enforces the Data Protection Act.. The Data Protection Act. specifically states that if security cameras are to be set up WITHIN (i.e. inside) a residential building ALL of the residents must agree to this, and a notice must be displayed outside the front door so that anyone visiting realises they might be watched! These restrictions do NOT apply to street cameras or to many public buildings. "Moriarty" had been determined to install security cameras inside each front door on the "CROC" Estate .

Whilst English Heritage is an excellent conservation organisation in many respects, and a majority of the CROC Committee are members of English Heritage, English Heritage can appear Kafkaesque to owners of the more average listed properties.

On day 2 (11th January, 2007) of the "CROC" Estate hearing at the Leasehold Valuation Tribunal (LVT), another block of flats in our general area had a hearing in an adjoining court room. This was a coincidence. As well as being able to read the CROC Judgement (you can search the LVT website by name of litigant or by date) you can read the Judgement of other case too!

Companies House in Gibraltar: Companies registered in Gibraltar are (as one would expect!) not easy to track! Most of the information held on companies registered in Gibraltar is only available on subscription. There does appear to be a facility for subscribers to ask questions! (and to get answers, perhaps!!?).

Looking for a company registered in the Isle of Man is more difficult than searching for one registered in the Channel Islands. You could use a company search agent: they are listed on the internet, or in the Isle of Man phone book. Even if you do the search yourself it will still be expensive. The General Companies Registry (OIK-Recortyssee) is at Finch Road, Douglas, Isle of Man, IM1 2SB. tel: 01624 6895233; fax: 01624 685236. Postal enquiries should be sent to the Deputy Assistant Registrar in the Companies Registry. The information held at the Company Registry is the registered office; the names and addresses of the Company Secretary and the Directors; the share capital and whether there are any shareholders (without specific details); any change of company name and any special resolutions passed. The accounts and other financial details such as mortgages held etc. are currently not available to view. There is a quite a hefty initial payment of around £25 and then a charge of around 25p a page for photocopying.

The Lands Tribunal, established 2006; The Agricultural Lands Trinunal; The Lands Tribunal Scotland established 1971; The Agricultural Lands Tribunal Wales etc. Google also lists Land Tribunal websites for countries which had previously been administered by the UK.

The Leasehold Valuation Tribunal is a government funded body charged with the overseeing and protecting the rights of leaseholders in the UK. The Leasehold Valuation Tribunal has strict working criteria, and any award made by the Leasehold Valuation Tribunal is legally enforceable. Any Appeal against an LVT Judgement would be heard by the The Lands Tribunal, , but as the LVT has rigid terms of reference such Appeals are extremely rare.

Re: CROC's LVT Judgement, our calculation was that CROC members had been awarded a reimbursement of over £700 a shareholder. "Internal re-calculations" reduced this sum to £543.16 per shareholder, and an EGM on 21st March, 2007, make it extremely unlikely that most shareholders will be receive any refund! Any shareholder inclined to enter this lottery should ask the "CROC" Estate office for an LVT claim form! There is an unlisted telephone number in the "CROC" Estate office. 020 89?8 1112. When this telephone number is, like any other business number, officially listed, we will remove it from our website.

The Twentieth Century Society will help to get any building of suitable status listed. The initial consultation and assessment can be done without the knowledge or consent of the owner. If approaching the Twentieth Century Society do make sure you read and understand the "small print", or have it checked professionally. Sometimes, (certainly not always!), the benefits of any help could be outweighed by ensuing bureaucratic formalities.

The Victorian Society .