William Thomas Hender: date of birth 28th November 1930This message was sent with High importance.
David HenderMon 29/08/2016 11:52lisa.mayhewxxxxxxxx;complaintshandling@xxxxxxxxx;Ron Downhill (Berwin Leighton);John Marriott (Private)
Dear Mrs Mayhew,
The above person is my father and he is one of Mr Downhill’s longstanding clients, whom I have also had countless dealings over the years, particularly to do with the family trust that is run by Paicolex, a Swiss company that is associated with Berwin Leighton Paisner.
He was sadly diagnosed with Alzheimer’s over three years ago and his behaviour has become particularly dysfunctional, especially towards me and my cousin over the last year.
He advised me approximately 6 months ago that he was going to have a new will prepared that would effectively cut me out of the will in favour of my brother, Martin William Hender and possibly my daughter, Verity Jade Beatrice Hender.
I have now learned that this “new” will has not yet been signed and/or witnessed and given that my father no longer sadly has full mental capacity, he is legally prevented from making a new will.
My father and Mr Downhill have had a very close working relationship over many years and I wish to register my concern that Mr Downhill will let my father have a new will lodged, despite his lack of mental capacity. I have also learned that my father is also a mason despite him denying this for many years and it may be that Mr Downhill is one also, which would mean that he would allegedly have an “obligation” to secure the completion of the new will.
I understand that my father will be seeing Mr Downhill shortly to secure the completion of the new will and I would like to respectfully point out to you that such an act would be illegal and the will would be void.
My brother and I were attorneys for both his welfare and financial/personal affairs and he, as a result of his illness, has allegedly had my POAs rescinded. I have written to the Office of the Public Guardian to determine as to whether this is true and, if so, to have it overturned due to his lack of mental capacity. I will go to court if it is necessary.
With regard to the “new” will, I did speak to Mr Downhill over this and he said that “in such a circumstance, I would have to go to court to have it overturned”. Indeed, Mr Downhill was bluffing insofar that the supposed new will had not even been ratified, even though it cannot be legally done so.
Mr Downhill has been extremely helpful to me over the years, particularly in dealing with the family trust but I am afraid to say that this crosses the red line.
I am prepared for this to be dealt with “in house” but if this debacle is not stopped, I will have no hesitation but to contact the Solicitors Regulatory Authority.
It is a case in point that my mother, Betty Hender, suffered from Alzheimer’s and even though at the time, her Alzheimer’s was not as advanced as my father’s currently is, was prevented by Mr John Marriott, my father’s financial advisor, from being a joint settlor to a UK trust due to her lack of mental capacity. Hence, Mr Marriott was complying with the law and the strict ethical code by which he has always worked under.
I am fully aware that Mr Downhill has retired as a partner and now acts as a consultant but is still bound by the ethical code under which Berwin Leighton Paisner operates as a law firm as he acts as a consultant to BLP. Furthermore, he must still abide by the ethical code set down by the Law Society.
I would suggest that the way that my father will get around his lack of mental capacity is to have the will to “pre date” his diagnosis of Alzheimer’s and to have his PA or another employee of BLP to agree to witness this “pre dated” document. If my suggestion is realised, I would further suggest that previous copies, of my father’s will, will be destroyed.
I am sure that you appreciate this is an extremely serious position but I now have no other course but to contact you as the Managing Partner of the firm. Given the serious nature of this issue, I should be grateful of a response by Wednesday 31st August.
Thanking you for your kind attention in this matter.
Yours sincerely,David Hender A.C.A.
RE: William Thomas Hender: date of birth 28th November 1930
You replied on Thu 01/09/2016 10:11Lisa Mayhew <Lisa.Mayhew@xxxxxxxx>Thu 01/09/2016 09:15You;Ron Downhill;John Marriott (Private)
Dear Mr Hender
Thank you for your email dated 29 August 2016.
I will make enquiries and thereafter take such action as may be appropriate.
Lisa Mayhew | Berwin Leighton Paisner LLP
Re: William Thomas Hender: date of birth 28th November 1930
David HenderThu 01/09/2016 10:11Lisa Mayhew
Dear Mrs Mayhew,
As I am sure you appreciate, I am deeply concerned about this turn of events but I have great confidence that you will ensure that this debacle never takes place.
I look forward to an update from you in due course.
The behaviour of Paicolex Trust Management AG and Berwin Leighton Paisner
You forwarded this message on Fri 11/01/2019 15:40David HenderFri 11/01/2019 13:17Andrew Lugg (Paicolex Chairman);Clare Edwards (Paicolex);Lisa Mayhew Managing Partner Berwin Leighton;Ron Downhill+1 other
Dear Mr Lugg,I have now proved to you that these so called additions to the outstanding loan are not only contrary to the loan agreement, a scanned copy of which I have on one of my computers but are a tissue of lies as it was impossible for the trust/ASC to loan me any money at all as the said purchase of Long Barn was made prior to the sale of Vendcrown/Premium Credit Limited to MBNA.I have also shown that my father was not only an indirect settlor via Michael Harold Cobb, a person of South African domicile but was also a direct settlor to the tune of £500,000,as my father’s instructions were misinterpreted.Any settlor, whether direct or otherwise has no right to determine how the trust is to be run. That duty falls to the appointed trustees, in this case being Paicolex Trust Management AG. The trustees have a primary duty of care to run the trust both fairly and equitably and have a further duty of care, to current and future beneficiaries, to protect the assets of the trust.It was, for this reason, that I reported Thomas Meier to Lisa Mayhew, who holds ultimate responsibility for the proper and professional running of both Berwin Leighton Paisner and Paicolex Trust Management AG. Shortly after my reporting of Mr Meier to Lisa Mayhew, Thomas Meier announced his “retirement” as he had failed in his duty of care to protect the assets of the trust and, in this case, that monies had been loaned to my brother with either no security or inadequate security. I compare this to the monies that the trust loaned me, which have 300% security.Both you and Clare Edwards have failed in your duty of care to treat both beneficiaries on an equal footing and have taken the word of my father, who has no legal power over either of you. He has, with both your agreements, tried to insert unsecured soft loans, owed to him personally and repayable on his death, into monies owed to the trust by me. You have thus failed me, as a beneficiary, to treat me equitably and thus you have both failed in your primary duty of care to me, as beneficiary.Paicolex Trust Management AG has thus totally failed in its duty of care to the trust and I will be calling for your and Clare Edwards dismissal. As Lisa Mayhew holds ultimate responsibility for both BLP and Paicolex, I will also be calling for her dismissal and will notify Brian Cave, BLP’s merger partners of this grave and serious breach of duty of care.You have also conspired with my father to insert clauses that were not in the agreement that I signed. You, as chairman of the corporate trustees or indeed Clare Edwards, a fully qualified solicitor, could quite easily have checked with the loan agreement, a hard copy of which was returned by me to Paicolex but you both just took both my father’s word and his instructions, which is yet another failure in your duty of care as trustees.Unbeknownst to you and Clare Edwards, my father entered into a verbal contract for the “family” to purchase a suitable property for Rosanna in the case that she and I divorced. This was witnessed by me in the kitchen of Long Barn shortly before our marriage. Whether Rosanna actually planned the whole divorce and was a gold digger is irrelevant as what is relevant is that the “family” should have paid for a new home for her and not me; indeed the loan amount that is outstanding more of less equals the amount of money that was awarded to her and which I paid by way of a loan from the trust/ASC.I will not only swear an affidavit that this verbal contract was undertaken but will swear in court to the same effectI am an honourable man and have always paid all of my debts and it is right that my father personally repay the loan to the trust and to provide compensation to Rosanna for the monies that awarded to her but were limited by my lack of capital and to me for the interest that I have paid, since the divorce, on the £180,000. To this effect, I will be forwarding this email to Rosanna.But the matter gets gravely worse in that Ron Downhill concocted a scheme that would repay the loan over a period of time. Not only was this scheme illegal but was against the advice that he gave to me in 2015. The “so called” repayment scheme is patently illegal and I will be demanding that he is dismissed as a consultant. In addition, I will write to the SRA demanding that he be struck off.Lisa Mayhew was aware of most of these matters but she chose to ignore them. She is thus as culpable as you, Clare Edwards and Ron Downhill, which provides further evidence that she should be dismissed.I also have definitive proof that BLP and Ron Downhill constructed tax evasion exercises for my father, Leon Du Toit Stoffberg and Michael Harold Cobb. Whilst the “donkey work” was undertaken by Quentin Solt, an old friend of mine, it was signed off by Ron Downhill. Likewise the financial “donkey work” with relation to the management buy out was undertaken by me but on the instructions of the core directors of Vendcrown / Premium Credit. But it should be noted that the only core director who was against the tax evasion was the late Colin Ringrose who informed me personally that he had paid all of his tax and he had been disinterested in any clever tax scheme.I will also be demanding full disclosure of the accounts of Adriatic Sea Corporation to see just how much extra has been paid to my brother. I can do nothing about the extra monies that were paid to my brother personally by my father although I suspect that this was actually a bribe to hide his suspected abuse of not only my daughter but also that of my two nieces.Even my father has tried to bribe me, by offering me £250,000 to move to South Africa on the condition that I surrender my Harwyn (the family company) shares. But my father has totally underestimated my moral standing and I will not give into bullying tactics or bribes.This will be published on my blog for the world to see, once this email has been sent.My father confessed to me that he was “obsessed by money” and he has used this to rip the family apart and to split me from the only person I now care about, my daughterI am sure that my father sleeps soundly but I just wonder how you, Clare Edwards, Lisa Mayhew do? I have no knowledge as to whether any of you have children and do not care but, if you do, I wonder if you could do this to a son or daughter and whether any of you sleep soundly or that you just treat it as “doing business”.Regards
Gaby Kaiser <Gaby.Kaiser@xxxxxxx>Fri 16/03/2018 13:28You
Dear Mr Hender
I refer to your email dated 10 March addressed to me and also to your further emails of 11, 12 and 13 March to which either I or Ms Mayhew were copied. I have also now seen your three emails of today.
As regards your email to me, please note the following:
1. Your reference to requesting details of correspondence is not understood. In my email of 7 March, I did not make any reference to correspondence. What I said, and this remains the position, is that any “issues pertaining to the management of Paicolex and/or BLP LLP are confidential and will not be discussed with you”.
2. Your comments regarding Ms Mayhew are both inaccurate and misconceived. Ms Mayhew is perfectly entitled to delegate certain matters to other senior members of the firm and I am liaising with Ms Mayhew as appropriate regarding your demands. In any case, we remain of the view that it is not appropriate or necessary to Ms Mayhew to attend a meeting with you.
3. Your comments in relation to Paicolex are noted but not agreed.
It is regrettable that you appear to have rejected Paicolex’s proposal to meet to discuss any pertinent issues relating to the trust and I hope that, on reflection, you will revise your stance. I understand that Clare Edwards of Paicolex will be writing to you with a further invitation to meet her at which it is anticipated that Mr Downhill would be in attendance as the trustee’s legal adviser.
I should say, however, that it is not appropriate to demand to meet Mr Downhill at his private home and nor is it helpful or appropriate to threaten BLP and/or Paicolex and/or the individuals to whom you refer in your various emails unless they capitulate to your demands. I strongly suggest that you obtain independent legal advice in relation to such matters as a matter of priority.
Gaby Kaiser (she has now left Berwin Leighton and I do not blame her)
Private & Confidential
You replied on Fri 05/10/2018 19:54Gaby Kaiser <gaby.kaiser@xxxxxxxxx>Fri 05/10/2018 16:28You