Rotherham Development linked to Dubious Investment Schemes

Work is slow on a housing development in Rotherham town centre with development companies wound up and even linked to protests in Hong Kong by worried investors.

Revised plans to convert the historic Howard Building into self-contained studios and apartments were approved by the planning board at Rotherham Council in 2015.

The prominent former college building was sold prior to going to auction after it was advertised as a development opportunity and given a guide price of £250,000 by local auctioneers, Mark Jenkinson & son.

With little evidence of the conversion into twelve, one bed apartments and 60 studio apartments at "Howard Residencies", applicants, AVRO Developments headed into insolvency, with Rotherham Council leading the petition in 2015 to have the company wound up.

Financial documents link AVRO Developments to DS7 Limited which has acted as a lender to Absolute Living Developments, Fresh Start Living and Empirical Property, all highlighted in the media as leaving buy-to-let investors out of pocket.

Similar schemes in Manchester, Bradford and across the North of England were sold off plan to investors with the promise of decent returns, but the work was never completed and companies were wound up and projects moved on in complex deals. In some cases where some work was carried out, tenants were left with exposed electrical wires, a leaking roof, an illegal gas connection, a car park strewn with contaminated waste and an open sewer pipe.

The Telegraph & Argus reported this year that police in Hong Kong are conducting an international investigation into Liverpool-based Absolute Living Developments, which had been part-way through three apartment projects in Bradford when it was placed in compulsory liquidation. Overseas investors fear they have lost their money paid in deposits.

Howard Residencies is currently being offered as an investment opportunity by Crown Union (located at a virtual office in London and shares directors with companies linked to the Howard Building and DS7 Limited). It is offered as an "Ideal purchase for investors looking at UK Buy To Let's as a way of getting onto the first rung of the property investment ladder. From dynamic apartment layouts to classic period façade and stonework surrounds, this redevelopment brings together Rotherham past and present to create a truly unique place to live for post-graduates, young professionals & key workers."

Starter pads and 1 bed apartments are being offered at £49,950 and £69,950 with an 8% ROI per annum.

.mirror.co.uk/news/uk-news/freshstart-living-shut-down-high-2919959

thetelegraphandargus.co.uk/news/14908996.Investigation_into_developer__39_s_collap %20%20se_continues_as_number_of_people_alleging_de ceptio%20%20n_grows/
thestandard.com.hk/section-news.php?id=170660

dmh.plcdn.com/wp-content/uploads/2016/01/dmh_howard_web.pdf


Crown Union website
crown-union.com/item/howard-residences/

by Tom Austen rothbiz.co.uk/

Appointment of Liquidators
ABSOLUTE LIVING DEVELOPMENTS LTD

(Company Number 08766275)

Registered office: Chichester House, Chichester Street, Rochdale, Lancashire OL16 2AU

Principal Trading Address: Chichester House, Chichester Street, Rochdale, Lancashire OL16 2AU

Notice is hereby given in accordance with Rule 4.106 that I, Louise Mary Brittain, of Wilkins Kennedy LLP, Gladstone House, 77-79 High Street, Egham, Surrey, TW20 9HY, (IP No: 009000) was appointed Liquidator of the Company on 21 July 2016. Creditors who have not proved their debts must forward their proofs of debt to me.

Further details contact: Guinevere Ellis, Email: guinevere.ellis@wilkinskennedy.com Tel: 01784 435561.

Louise Brittain Liquidator

21 July 2016

Hong Kong Police confirm Runcorn flats conversion company probe

Matter passed to commercial crime bureau after 118 people claim they were 'deceived', following protests outside police HQ and UK consulate

Hong Kong Police (HKP) has confirmed it is examining allegations made in connection with a company behind a controversial flats project in Runcorn

In a reply to the question whether it was investigating Absolute Living Developments (ALD), an HKP spokesman said it had received reports from 118 individuals who ‘suspected they were deceived while investing in properties involving HK$74.17m’ and the matter was being ‘followed up by the commercial crime bureau’.

 

ALD was the company that launched the controversial bid to convert the asbestos-contaminated East Lane House in Runcorn into 448 one-bedroom flats, 394 of them in the ‘studio’ style.

Winding-up proceedings are now under way at ALD.

Hong Kong legislator James To Kun-sun leads protestors as they marched to the UK Consulate General from the Legislative Council Building in Admiralty, Hong Kong, to call for an investigation into Absolute Living Developments.

Last week it was reported that angry investors had protested outside Hong Kong Police headquarters and the British Consulate General in Hong Kong over ALD.

Chinese and trade press articles from publications including The South China Morning Post, RTHK, The Standard and Property Industry Eye had covered the demonstrations.

The investors are being represented by Hong Kong lawmaker and trained solicitor James To Kun-sun, whose office has said one of the complaints relates to one flat at East Lane House.

A spokeswoman for Mr To said the protests were in connection with ‘suspected fraud’ and ‘about five projects in the UK’.

They have claimed the matter could damage the UK’s business reputation.

Mr To has written to the Consulate General Caroline Wilson and City Of London police commissioner Ian Dyson.

East Lane House in Runcorn. Absolute Living Developments won planning permission to turn it into 448 one-bedroom flats on appeal after the Planning Inspectorate found in the company's favour, overturning Halton councillors' refusal to grant permission.

Companies House documents showed that ALD was first registered to an address in London and later Liverpool and prior to December its directors were based in Malaysia.

Management of the East Lane House flats scheme has passed to another company, Singapore-based Daniel Mark Harrison & Co.

The UK Foreign And Commonwealth Office and City Of London police commissioner Ian Dyson were approached for comment.

Developers Link To Failed Firm

A company behind a controversial bid to turn a derelict government building in Runcorn into flats has distanced itself from another firm that went bust under a cloud of anger from investors and the Advertising Standards Agency in 2013.

Absolute Living Developments (ALD) has applied to convert East Lane House next to Runcorn Shopping Centre into 448 studio and single-bedroom flats.

On Friday, it confirmed to the Weekly News that it had taken over some part-completed developments from Fresh Start Living (FSL), which went into liquidation in 2013.

The company’s statement came after the Weekly News found loan documents lodged with Government business website Companies House relating to third party lender DS7 Ltd.

The forms showed that DS7 had loaned cash to ALD for the East Lane House project, with the terms of the contract granting DS7 Ltd power to appoint one of its officers as a receiver in the event that ALD goes into receivership.

The contract also gives DS7 Ltd the power to ‘take possession’ of the flats in the case of ALD’s demise.

Another form lists the recipient on a forwarding address for DS7 Ltd as ‘for the attention of Charles Cunningham’.

The Weekly News asked ALD whether this was linked to former Fresh Start Living director Charles Alexander Clunie Cunningham, who was the subject of a critical article by Daily Mirror investigative report Andrew Penman in September 2013.

Further documents on Companies House showed that a former Fresh Start Living director, Philip Wright, had been a director at ‘Absolute Living Developments (Orchid Point)’ – another company with a loan from DS7 Ltd.

ALD’s spokeswoman said Philip Wright had been on the board of a ‘vehicle’ that owned a FSL development site acquired by ALD.

He was replaced after the acquisition.

She said there was ‘no relation’ between ALD and DS7 Ltd.

Fresh Start Living went into liquidation in 2013.

Andrew Penman, of the Daily Mirror, said the firm had left investors fuming after they alleged they were left out of pocket having pumped thousands of pounds into properties renovated by FSL.

FSL was also investigated by the Advertising Standards Authority (ASA) after a complaint was made over the firm’s claim to have made a £4m profit. The ASA upheld the grievance.

The Business Desk reported in September 2013 that Stockport Council and Greater Manchester Fire And Rescue Service were taking separate actions over safety breaches.

An ALD spokeswoman said: “Absolute Living Developments have acquired a number of developments around the country.

“Some of these were part-completed developments from Fresh Start Living which were acquired when it went into administration, one being Orchid Point whereby Absolute Living Developments acquired the vehicle that owned the site.

“Philip Wright was on the board of the vehicle and was replaced when the acquisition completed – there is no other connection between Absolute Living Developments and Fresh Start Living.

“DS7 Limited is a lender to Absolute Living Developments on certain developments.”

The Weekly News tried to contact DS7 Ltd for comment.

Halton Borough Council’s development control committee is due to hold a ‘special meeting’ tonight to decide whether to allow ALD’s proposed conversion of East Lane House into flats.

The scheme has been blasted as ‘barmy’ by Halton Lea ward’s Cllr Dave Thompson.

ALD insists it will attract young professionals and key workers.

Colonnade House Construction Limited

The Debt 

CIK have been instructed to recover a debt of £122,261 owing from this company for air supply and extraction work carried out on Colonnade House in the Summer of 2012.

Colonnade House was converted into student apartments (PODS) in 2012 and is located at Sunbridge Road, Bradford, BD1 2LQ. It has been rebranded twice since then, first to The Fort and now to Summer Berry Residences,presumably to try and avoid bad financial press.

EPG Group 

The property group behind Colonnade House have serious bad debt form. The holding company is Empirical Property Group Limited - EPG (name changed from Fresh Start Holdings (Manchester) Limited in January 2013) which owned the company FSL Properties Colonnade Limited that owned Colonnade House. EPG was incorporated in February 2011.

The Directors of EPG are Charles Cunningham, Philip Wright and Christian Yates with Cunningham owning 10% of the shares and a Alan Pierce 90%.

Alan Pierce and Philip Wright have had previous property companies that have gone into compulsory liquidation, Wrightchoice Developments Limited (Company Number: 03768709) owing £4.2M and Pierce Properties Limited (Company No. 06578485). There is another individual Andrew Camilleri who has been involved but he was made bankrupt in 2011 for £9M and had to resign his directorships.

The group was fronted until recently by Fresh Start Living Limited (FSL) where Cunningham, Wright, Pierce and Camilleri were all Directors. The FSL acronym has been used in numerous company names within the group. Fresh Start Living went into compulsory liquidation in December 2013.

Colonnade House Company Structure

Like other properties purchased by EPG (there have been 15 or so similar to Colonnade House) there is a company that owns the freehold, a company for the contractors and a lettings/management company.

For Colonnade House they were as follows:

• FSL Properties Colonnade Limited (Incorporated August 2011) Directors: Philip Wright
• Colonnade House Construction Limited (Incorporated May 2012) Directors: Philip Wright then Paul Statham-Walker
• FSL Management Colonnade Limited (Incorporated May 2012) Directors: Philip Wright then Paul Statham-Walker
• Buy to Let Bradford LLP (Incorporated October 2013) Directors: Paul Statham-Walker

FSL Properties Colonnade Limited went into voluntary liquidation in June 2014.

Colonnade House Construction Limited and FSL Management Colonnade Limited are being dissolved by Companies House due to the two companies having never filed accounts. A commentary on Buy to Let Bradford will be made under Christian Yates's bio.

We understand that the main contractors to Colonnade House via Colonnade House Construction Limited, including our client, have not been paid and there is a view that there was no intention of ever paying them.

Colonnade House Value

There are 224 student apartments of which at least 52 have been sold on 125 year leases at an average value of £40,000.

The freehold was sold by FSL Properties Colonnade Limited in November 2012 to a London based property company called Four Daughters Limited for £773,760. It is not known at this stage who has the beneficial interest of the 224 leases but it is presumed that the imputed value of £9M (224 apartments @ £40,000) lies somewhere within the EPG Group, as does the cash from the sale of the freehold.

It should be noted that the net assets of EPG went from £2M in July 2012 to £23M (mostly fixed assets) in July 2013, which may account for the Colonnade House missing assets.

Other Similar Properties

It would appear that a property, Montgomery House of Demesne Road, Whalley Range, South Manchester, M16 8HP, has gone down the same route and one presumes that other properties in the group have had a similar fate.

• FSL Properties Montgomery Limited. Directors: Philip Wright
• XXX Construction Limited (Investigating name)
• FSL Management Montgomery Limited. Directors: Philip Wright

FSL Properties Montgomery Limited went into compulsory liquidation in January 2014.

FSL Management Montgomery Limited went into compulsory liquidation in January 2013.

Other potential sites are Empress Mill, Greenock, St Thomas, Victoria Halls and Ford Lane. 

Relevant Directors

They are Charles Cunningham, Philip Wright, Christian Yates and Paul Statham- Walker. There are approximately ~ 25 companies active in the group, all owned or influenced by EPG.

All these companies give a registered office of 7 Empress Street, Manchester, M16 9EN but this is a post drop. They actually all work from Suite 7C, 7th Floor, Blackfriars House, Parsonage Gardens, Manchester, M3 2JA.

Charles Cunningham (DOB Dec 1978)

Charles is the CEO of EPG and a 10% shareholder. His bio is well documented on the internet.

We are looking to prove in due course that he is a shadow director of the Colonnade group of companies.

Yes, I met him twice whilst we were chasing monies. It was him who offered other properties as equity, at their offices in Swinton at the time. Bxxxxxx was driving a S65 Mercedes, cost new £120K!

Cunningham is or was until recently a Director of ~ 15 companies within the group. Those with a bad debt track record are as follows:

• Fresh Start Living Limited - Compulsory Liquidation December 2013
• Empirical Property Group Limited (EPG) - Has recent CCJs
• Urban Blox Limited - Has recent CCJs (Resigned May 2014)
• EPG Construction Limited - Has recent CCJs (Resigned April 2014)
• Student & Affordable Property Limited - Forced to resign from this company and 2 other related SAP companies in October 2013. The people behind this company had loaned monies to EPG in 2012 and their comments were as follows:

I am aware of the appalling behaviour and financial mess caused by EPG and those connected to it. We are all one of a number of people who are suffering losses at the hands of this company. We have severed all connections with them other than unfortunately having an outstanding loan to them, which we made before we realised how dreadful their financial situation was. It remains to be seen how big our losses will become .I am afraid all I can do is look on helplessly from outside. I do hope that you manage to get recovery of what is due to you and your client.

Cunningham's current group defence is that EPG has a claim against lawyers on the Trafford Press property of between £5M and £250M. No evidence can be found for the validity of this claim and one would suggest that it is just a flanker to buy time.

Christian Yates

Christian is the only non-executive Director of EPG and has an impeccable bio and it is thus confusing as to why he should have blotted his CV with the EPG crowd.

http://www.shorecap.gg/media-centre/shore-capital-appoints-senior-adviser

http://www.jonathanfry.co.uk/our-people/

We are unsure of his role within the EPG group but he does have a financial interest noted on the website of Buy to let Bradford LLP, where Paul Statham-Walker is the Director, with a postcode that matches the 7 Empress Street address, as follows:

Buy To Let Bradford is an exclusive Investment Agent acting on behalf of Cherif Investment Properties Limited and Lord Beaverbrook. The Development, The Fort (see top of page under The Debt paragraph), stands as a monolithic landmark overlooking the City of Bradford, offering great student accommodation PODS in a strong location. Student investment from £39,950....

Now Christian Yates is a Director of Cherif Investment Properties Limited. We are currently investigating whether this company has a financial interest in the apartments at Colonnade House or indeed in any of the other properties owned by EPG.

Paul Statham-Walker (DOB April 1980)

Paul is a Director of 8 companies within the EPG group. Evidence would suggest he is made a Director when the company is deemed worthless and being let go. His role within EPG would appear to be that of a sales person, having served previously as a Corporal in the Army.

He goes by the name Paul Statham-Walker, Paul Statham and Paul Walker. His most recent Directorship is at Urban Blox where he calls himself Paul Walker and has changed his DOB to July 1980, presumably to hide his past Directorships as Paul Statham-Walker. 

On the Urban Blox website he calls himself Paul Statham. 

http://urbanblox.co.uk/contact/ 

His relevant companies with a bad debt footprint are as follows: 

• Trafford Press Construction Limited - Compulsory Liquidation August 2013
• Freshstart Living (No 9) Limited - Voluntary Liquidation February 2014
• Colonnade House Construction Limited - Has recent CCJs
• Empress Mill Construction Limited - Has recent CCJs. Camilleri was a Director until 2013.
• Urban Blox Limited - Has recent CCJs

Philip/Phillip Wright (DOB June 1958)

Philip is a Director of EPG and of another ~ 25 companies within the EPG group. His bio is well documented on the internet. His relevant companies with a bad debt footprint are as follows:

• Wrightchoice Developments Limited - Voluntary Liquidation March 2011
• FSL Management Montgomery Limited - Compulsory Liquidation January 2013
• FSL Properties Trafford Press Limited - Administration September 2013
• Fresh Start Living Limited - Compulsory Liquidation December 2013 (Resigned July 2013)
• FSL Properties Montgomery Limited - Compulsory Liquidation January 2014
• Freshstart Living (No 9) Limited - Voluntary Liquidation February 2014 (Resigned July 2013)
• FSL Properties Colonnade Limited - Voluntary Liquidation June 2014
• FSL Properties Victoria Halls Limited - Has recent CCJs
• FSL Properties Ford Lane Limited - Has recent CCJs
• FSL Management Ford Lane Limited - Has recent CCJs
• FSL Properties Greenock Limited - Has recent CCJs
• FSL Management Greenock Limited - Has recent CCJs
• FSL Properties St Thomas Limited - Has recent CCJs
• FSL Management St Thomas Limited - Has recent CCJs
• Empirical Property Group Limited (EPG) - Has recent CCJs

A LONDON property developer is behind a bid to wind up Salford buy-to-let specialist FreshStart Living.

Roger Walters, chief executive of Supercity UK which operates three aparthotels in the capital, is chasing FreshStart over a £20,000 deposit he paid on 10 flats at a proposed FreshStart student scheme in Nottingham.

He says the scheme is now not going ahead and he wants his money back, but FreshStart insists the development is on track, although it has been delayed.

The company was planning to convert a 30,000 sq ft office building at the Victoria Shopping Centre into 157 student apartments in time for the 2012-13 academic year.

Mr Walters said: “They didn’t own the property and they never bought it so there was no chance of developing it so I asked for my money back, and they just don’t give it back, it’s incredible, they just don’t.”

Mr Walters issued a statutory demand, which gives a debtor 21 days to pay, and then issued a winding-up petition which was heard in London on Monday. The case was adjourned to give both sides time to submit evidence.

FreshStart’s chief executive Charlie Cunningham said it was “rubbish” that the Nottingham development had been abandoned. “We’ve exchanged contracts which makes us the beneficial owner and we’re going through the planning process to change it into student accommodation. It’s taken much longer than we hoped it would but there’s no question of the scheme not going ahead.”

He added: “He’s reserved six units and is contractually obliged to buy the units and complete. We’ve offered him a number of alternatives but that hasn’t come to anything.”

But Mr Walters told TheBusinessDesk he was not interested in other developments. He said: “I’m not going to let it go, I’m going to take it all the way. They’re not denying they have the money, they even offered to move it to another scheme. They’re not denying it, they just don’t want to give it back.”

A developer for 30 years, Mr Walters said he wanted to “let someone else do the developing” and has also put a deposit of £75,000 down on six flats at FreshStart’s Trafford Press scheme in Manchester which has not yet been completed.

as featured in businessdesk.com by James Graham

NEW INFORMATION FORUM to enable Investors in any of the Freshstart Living/FSL companies to voice any concerns/problems we may have had. Please use it, and publish the following website address wherever you can.
Hopefully, this will prove beneficial for the many people who have invested money in fresh start living property investments.

http://freshstartinvestors.freeforums.net
 
also, direct email to join the group of concerned investors:     mardwick@inbox.com

 

There is now a single collective forum to enable Investors in any of the Freshstart Living/FSL companies to voice any concerns/problems we may have had. 

Please use it, and publish the following website address wherever you can. Hopefully, this will prove beneficial for the many people who have invested money in fresh start living property investments. 

www.freshstartlivinginvestors.blogspot.com

also, 

direct email : mardwick@inbox.com 

FreshStart subsidiary facing winding up petition

A WINDING up petition has been filed against a subsidiary of the Salford property developer FreshStart Living.

The case against FSL Properties Montgomery will be heard in Manchester on Monday.

The business was set up in 2011 to buy Montgomery House, a former YMCA building in Whalley Range, south Manchester, which FreshStart turned into student flats and sold on to individual investors.

Last year FSL Properties Montgomery sold the freehold to Stratford-upon-Avon-based property group Marden Ltd for 930,000.

But a petition is being brought against the company by Dr Ahmed Al-Sened of Wilmslow, who is being represented by Manchester law firm EOS.

FreshStart claims Dr Ahmed Al-Sened is not a creditor and it plans to defend the action when it is heard in court.

In January the building's management company, FSL Management Montgomery, was wound up following action by investors who bought flats in the block but said tenants' rent was not being passed on to them. 

Accountancy firm RSM Tenon has been appointed liquidator by the Official Receiver and claims 140,000 has not been
paid. Management of the building was handed over to Hertfordshire-based Residential Management Group before Christmas.

Meanwhile, it has emerged that a FreshStart student scheme in Bradford was shut down in November for breaching fire regulations.

Following an inspection of Provident Financial's former headquarters, Colonnade House in Sunbridge Road, West Yorkshire Fire Service issued a prohibition notice. The fire service said there were inadequate means of escape and
inadequate means for giving warning.

FreshStart acquired the nine-storey 1960s building in 2011 and was converting it into 200 student rooms. At the time of the inspection only the top three floors had been completed and were occupied by up to 70 students who were forced
to move out.

FreshStart said a re-inspection had taken place in the past two weeks and it should be signed off soon. A register on the Chief Fire Officers Association website shows the notice is still in force.

credit: James Graham - thebusinessdesk

I am currently having dialogue with my solicitors (local) and I am also in discussions with solicitors in Scotland (due to particularities of Scottish law). It seems that the best course would be a class action between as many investors as possible, spreading the costs and making the action cost viable. 
I am contactable on email on nilak@btinternet.com from which i can then provide further details, contact numbers etc.
I am certainly not one to give up on this issue and I am determined to get a successful resolution.

Many of us continue to not receive payments from FSL. As a result, some of us are taking legal action and are interested in forming an owners association. Mr Goodwin-Bolton. As you say, it would be good to join forces in this matter. We represent 6 units at the moment. How can we contact you as things are already in motion.

I am also an investor with Fresh Start Living in the student accommodation units at Greenock and i am currently owed 5 months rental on each unit owned. There is obviously a major issue with cash flow for the business and as no-one from Fresh will communicate with the investors the only foreseeable course of action may be a "class action" in Scotland. Doing this would involve as many investor in similar situations to spread the cost of the fees, as individual actions are not cost viable. I am currently looking into this course of action with solicitors.

We are several owners at another site.. Greenock Halls of Residence in Scotland. We are experiencing exactly the same problems and looking into starting legal proceedings. How do you feel is the best way to proceed?