A letter to the trustees

Anyone who knows me knows what I have been through, with the collapse of my career. Lat year, I wanted to kill myself as it had just got too much and all of the stress has caused huge effects to my body, such as my horrendous skin condition, which means that I am in pain 24/7 and I have sleepless and broken nights. Here is a picture of how my foot looks

Digital Camera

Out of sheer desperation, I have written this letter to the trustees, highlighting the unfair treatment between my brother and I. Here is the letter, which was painful to write and will be painful to read.

“The trustees of the Hender Family Settlement

By email only

18th July 2021

Dear trustees,

Thanks to information from Lori Cameron, I am now well aware that my father is in the advanced stage of Alzheimer’s and that my brother has taken over all of his financial and personal matters and that he, Ron Downhill and John Marriott are all masons.

When I was staying at Lori’s house, she made me aware that there was a concerted effort to have me removed as a beneficiary of the trust; the parties involved being my father, my brother, John Marriott and Ron Downhill. This meeting took place in the chambers of a masonic lodge that is below the current offices of Bryan Cave Berwin Leighton in London. I have this conversation recorded on my laptop, unbeknownst to Lori, who I have never really trusted, as she has continually sat on the fence, playing to me and to my father/brother for her own benefit. If questioned, Lori will deny saying that but she will also confirm that I had my laptop open at all times, as I was working to find a solution to have a better life and also managing my affairs remotely, which is so easy to do these days.

But Ron Downhill could not break the trust deed, as when my father was well, he made it so watertight for Martin and I that provision would ALWAYS be made for us ON AN EQUAL BASIS. Then we died, it would pass to our children. THAT WAS WHAT HE WANTED FOR BOTH OF HIS BOYS, when he was free of his disease anyway.

Given that you can do basically whatever you like with regards to my distribution, I have kept my powder dry on this matter. This is unequivocally financial abuse and is easily proved.

I did not remember the conversation that my father had with Rosanna at the time of the execution of the loan agreement, as I was still suffering from the effects of the divorce and could not think straight, but remembered it two years later. The “proper loan” that is supposedly due to the trust is as a result of my father’s breach of a verbal contract with Rosanna and also a breach of a promise, both of which are recognised in law and legally binding on my father and/or his estate. If the trustees took a moral stance, they would have ignored the £180,000 or so and would have sought repayment from my father. Given my father’s advancing illness, after two years, they sought to tack on extra debt, which was at the whim of my now sick father.

My father did not disclose it either at the court hearing and, as although he has always said that he has a much better memory than me, he purposely failed to disclose to the court the arrangement that he had with Rosanna. Given that his appearance in court was some years before his actual diagnosis of Alzheimer’s, it is obvious that he broke his oath and committed perjury. I have already provided a “sworn” affidavit to this effect. As I am not religious, I cannot, in all good conscience, swear an oath and thus affirmed my affidavit. Regardless of whether it is a sworn or an affirmation, if the affidavit proves to be false, I can be imprisoned for perjury but, as the statement that I made in front of a notary was true, that is academic.

There is also the issue of my sexual abuse by my father when I was 8 and which I endured it until 12 or 13. I did report my father to the police last year but thanks to his masonic connections, it was buried by the Metropolitan Police. I am pushing GB News to disclose the attitude of the police towards male sexual abuse and have communicated with Andrew Neil personally on this matter. He is minded to produce a programme, on his return, to blow this issue wide open and, if you are aware of GB News, he does not hold back. After all, he tore Richi Sunak apart in the first week of airing.

If Martin has a good memory, he will remember that when we were on holiday, I suddenly could not wear trousers and had to stay in my room in the evenings. On our return, my mother had all of my school trousers lined with silk. This was a precursor to the effects of abuse that I now constantly suffer.

As if that was not enough, I have a telephone conversation with my father, admitting to inciting my daughter to accuse me of sexual abuse, on my Dictaphone. Given what I knew about my so called family’s dishonesty, I could not trust anyone and so all telephone conversations with my father were recorded for my own protection.

Let us turn to Ron Downhill, who swore blind on an email that he was not a mason. If he had nothing to hide, why deny it as the masonic institution is, after all, a proscribed organisation, much to my disgust and moral standards.

He is the tax and legal advisor to the trustees and is thankfully under English legal jurisdiction. I even know where he lives thanks to the power of the internet and Companies House Beta; you just have to dig a little.

Ronald Edwards Downhill lives at xxxxxxxxxxxxxxxx

(It is also fortuitous that Martin, my biological brother, also lives in England and is subject to English jurisdiction)

Given that Ron Downhill is the tax and legal advisor of the trustees, the trustees are legally prevented from effecting any change to original arrangements, WITHOUT his authority.

As the trustees are in breach of their duties by acting on arrangement changes that are contrary to ANY legal agreement, the actions of providing advice to the trustees, which was illegal, constitutes the incitement of financial abuse against me.

Indeed, with regards to the arrangement with Rosanna, Ron Downhill was in attendance at the court hearing (but not present in court) to give legal advice to both my father and Thomas Meier, for which he charged at fortune. He was professionally responsible for giving the proper advice and for also asking questions of my father, such as “were there any fall back arrangements for financing Rosanna in the case of a divorce?”. He clearly failed to ask these questions and so was highly negligent in providing poor advice and not asking the right questions. My father told me that he charged £30,000 for the day.

Given that Ron Downhill was present at both the divorce hearing and at the insidious meeting to try and get me removed from the trust, he has not only been negligent but committed financial abuse against me and that can be proven.

However, Ron Downhill’s attitude towards me may also be down to the demise of his best friend, Thomas Meier and so he has just “got the hump”. IF this is the case, then he is being very churlish.

As a forensic Chartered Accountant, I exposed the arrangements that were made for Martin and that they were contrary to the fiduciary responsibilities as a trustee, namely Thomas Meier.

I was, as a beneficiary, well in my rights to complain about his actions and that they were unfair and, as a result of my complaint, he was sacked or as BLP put it, he “retired”, although he is still a member of the Swiss Trust Association and I am quite sure provides consultancy to Paicolex at a very high fee. After all, he has his own consultancy business (TEM Consulting).

I can also prove the direct link between my father and the trustees, then supervised by Thomas Meier. For two years, he agreed to all of my calculations for loan interest and was in full agreement of the capital that was due.

If there had been any other loans outstanding, Thomas would have insisted that I amended my capital (and interest) calculations. After all, he had access to ALL of the details of property transactions, actually far more than me, as EVERYTHING was sent to the him by the conveyancing solicitors.

So why, when coincidentally, he was superceded by Claire Edwards and my father was diagnosed as having Alzheimer’s, did everything suddenly change? Loans appeared out of nowhere, completely contrary to all of the documents that were sent to the trustees by the conveyancing solicitors previously. That shows that my father had informed the trustees of so called loans and instructed them to unilaterally amend the signed and executed loan agreement. That also proves that my father had DIRECT CONTROL over the trustees. This blows away the trustees legal independence from the settlor and makes a farce of the whole trust.

After all, when my father was well, he and I prepared the accounts of the trust and that of Adriatic Sea Corporation together and where was no issue whatsoever with any loans. So, not only are these so called extra loans nonsense but also the original loan itself. Remember that I was going through a very acrimonious divorce with Rosanna and had such a mental breakdown that I wanted to blow up Nepcote House with me in it. I was arrested for that, such is the inability of the police to properly deal with mental health issues and that is PURE FACT, not word of mouth or conjecture but PROVEN FACT.

In summary, I have enough proven fact to sue personally both Ron Downhill and  Martin for financial abuse, as well as the former for breach of professional duty of care, tying in John Marriott as apparently he was to be the successor to my father as self appointed UK representative to the trust.

I now have meagre savings, thanks to the trustees implementing the illegal amendments to the loan agreement and for also refusing to help me when I was forced to go into a very expensive private psychiatric hospital that charged over £6,500 a week.

I now turn to the main purpose of this letter.

Thanks to what my very sick father has done to me, I am now severely agoraphobic and, as a result of the immense stress that I have endured for many years now, I now suffer from a horrendous skin condition called Prurigo Nodularis. I sent a picture of my foot showing this condition to both John Marriott and Ron Downhill, whilst emailing them about my situation, emails which they have totally ignored. It has got so bad and I have had so little sleep that I was actually permitted to go to a “face to face” consultation with my GP. When he first saw it, he immediately referred me to a private dermatological clinic on the island, yet more money but I had no choice, just like previously.

I had thought about building a bungalow on the large plot of land adjacent to my house but, after a great deal of expense from planners, tree specialists and house designers, it was agreed that it was going to be nigh impossible to get planning permission. I then thought about moving to somewhere else on the island but the sad fact is that my mental and physical health would not improve, due to what the Isle of Wight police did to me on many occasions. To really improve, I have to leave the island, which in itself will be hard because of my agoraphobia.

Even if Ron Downhill and John Marriott do not care a hoot about me, Martin did at one point and was so concerned for my mental health that he sent the police around to check on me TWICE. Surely, he has not changed that much in the last few years; he is my brother after all.

I ask for no favours and no special treatment but to be treated on the same terms as Martin has been. You, after all, gave him an interest free loan to buy Granimar five years ago and let him provide insufficient security for the purchase of his new house in Bath for which he paid £1.08M plus stamp duty. I also doubt that he has repaid the deficit as Hillside Cottage sold for much less. That was why Thomas Meier was forced to “retire”. When I broached this with my father, he said that Martin had given a “personal guarantee” but that is not the way that it works in trusts, is it?

Lori also told me that once Martin had moved and had got Granimar, he made a statement to my father that “I have never been so rich before”. That says it all about the favouritism that the trust and my father has afforded to Martin.

I should remind you that under the terms of the trust deed, beneficiaries have to be paid on AN EQUAL FOOTING

Furthermore, it also says in the trust deed that there must be no diminution of capital, other than investment losses. How is it, therefore, that the three children have been paid hundreds of thousands of pounds out of capital, a clear breach of the trust deed, as well as a property bought or financed for Verity and her boyfriend. Where does it say in the trust deed that a beneficiary’s daughter, who has no right to anything under the trust deed, who threw away her law degree because she partied too much and who is starting on a new career at Curry’s is handed a property on a plate, when both I and my brother had to take out mortgages on our first homes?

As I said at the beginning of this letter, what you are doing is going against a man’s wishes that he arranged when he was well and employing his irrational demands when he is so ill that he does not know the time of day.

As Ron, John and Martin are all masons, they should understand that their loyalty is to the former man and not what he has become.

If you, the trustees, had asked my father when he was well, what do you think he would say as to the treatment of his two sons? Treat them equally, that is what he would say. Ron Downhill, Martin and John Marriott are actually breaching their loyalty to my father and though I do not prescribe to their beliefs, they are breaking their code.

He may be still Bill Hender in body but he is nothing like the man that you or I knew; Alzheimer’s has ravaged his brain and he is really not Bill Hender or my father anymore. It is not his fault that he got this dreadful disease but nothing can change the outcome now, not even with the entire wealth of the settlement

Similarly, you as trustees must act on the wishes and preparations that my father made when he was well and not those of an irrational and very sick man.

The legal and fiduciary duty of trustees is to look after the beneficiaries. You knew EXACTLY what was going on but, because the three of them control the trust, you did not afford me any help or lift a finger. You, as trustees, have broken every single rule in the book and, whilst he was able, you have taken instructions from a very sick irrational man. I even have an email saved from Andrew Lugg to say that my father’s Alzheimer’s was “not relevant”. What world does that man live in?

I cannot take actions against you yourself, because you are outside the jurisdiction of England but I can take action against all three parties who are involved in this sordid and sad affair.

I know that my father’s will was altered when he was already sick (by TWM) and that BLP refused to amend it. I am well aware that I have been probably cut out of everything and thanks to my father’s illness, have lost my birth right. My brother never stopped him out of greed.

So, I have to rely on the trust as I have no savings of worth behind me. If the trust is going to treat me so unequally, as my father has done in his will, I am being damned twice.

If you know me at all, I am not a man who loves spending tens of thousands on himself. I cannot do that because I do not have the funds to have a happy social life, like Martin.

I am not after millions but am after equality, nothing more and nothing left and am given the opportunity of being able to start a new life that has been destroyed by the actions of my father and his generals.

I hope that all of those who read this letter, read it very carefully and come to some understanding as to what pain I have suffered at the hands of my father; pain that none of you will be able to fathom.

It is not about settling a grudge or getting as much as one can get; it is about a very damaged man being helped to have a new life by the very people who have been paid large sums of money to do just that.”

Published by David Hender (copyright owner- all rights reserved)

If you want to know me, you first need to understand where I have been and where I am going

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