Westway Development Trust: market forces cast cloud over property developer - 2/5

This research document will make little sense if you haven't read Brian Deer's Notting Hell from The Sunday Times of June 17 2001. In July 2002 the trust renamed itself Westway Development Trust. A Westway Development Trust index of materials is also available

(C) BRIAN DEER CONFRONTS MATLAND

The day after an extensive adversarial interview with Judge Gordon on 18th October 2000, in which the market matter was not raised, Roger Matland and his deputy Jonnie Berverley, showed Brian Deer some parts of the trust's property. In the course of this visit, Deer asked Roger Matland in a recorded exchange:

(a) xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx.

(b) When the market contract was last put out to tender. Roger Matland said "15 or 20 years". In fact - despite the very large sums of cash being collected outside his window - it appears that the market had never been put out to tender as of October 2000.

Eight months elapsed between this encounter and publication of The Sunday Times report xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx. During this period, Roger Matland is alleged anecdotally to have stated to the effect that the trust's capable lawyers and respected chair had in some sense "seen off" yet another of its critics. He was wrong. Although the market matter was not pursued at the time, other serious allegations were published and not rebutted by the charity in its official reply dated 21st June 2001 [M5]. Many published allegations were simply ignored in the trust's response. Alastair Brett, head of the legal department of Times Newspapers Ltd replied on 4th July [M6] stating, in conclusion:

"From the above you will appreciate that the Sunday Times stands by the article and we do not believe that anything needs correcting, even less apologising for."

(D) COUNTRYWIDE CORPORATION UK LTD

It appears that almost immediately following Brian Deer's confrontation with Mr Matland, the trust began the process of putting the market contract out to tender.

In response to a query from Deer in July 2001, xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx, two surprisingly helpful emails were received from the trust [M7] on Thursday 12th July setting out the details of the company contracted to operate the market prior to the tending process. The mails were from Mr Bailey, the marketing manager and the trust's spokesman during post-publication dealings with Times Newspapers Ltd. The first mail identified the contractor as follows:

"The previous licensee for the market was Countrywide Markets, also controlled by Maurice Nixon."

A quarter hour later, realising that he had been asked specifically for a company name, Mr Bailey helpfully mailed:

"The specific name of Countrywide Markets from a company point of view:

Countrywide Corporation UK Ltd."

Several anomalies arise from this reply, not the least of which is that Countrywide Corporation UK Ltd was only incorporated on 10th June 1998 and was struck off the register of companies on 13th June 2000 [M8]. One has to wonder with what entity the trust had a contract before and after this date.

No less interesting is the purported address given for this company in the returns filed at Companies House:

16 Woodland Drive
Swillington
Leeds
LS26 8DN

There is no such address. There is a Woodland Drive in Swillington - an unmemorable suburb of Leeds - but, according to the Royal Mail, no number 16. [M9] A Mrs xxxxx, who lives at number 17, confirmed this information, stating that this question had been raised with her in the past.

LS26 8DN is actually the postcode for Woodland Crescent, Swillington. This street, adjoining Woodland Drive, does have a number 16. This is the private address of xxx xxx xxx xxx xxx xxx xxx. Mrs xxx xxx says that she has lived at this address for 40 years and there is no business of any kind operating from it. (It seems that some computer-operated systems will substitute Woodland Crescent for Woodland Drive on documents if the postcode or the number 16 is included.) Woodland Drive's postcode is LS26 8DW.

There is a further Woodland Drive - at Leeds 7 - the home of xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx. Mr xxx xxx says that he regularly receives mail for Countrywide companies. He says he marks it clearly "Swillington" and puts it in his local post-box. Where it goes and whether it contains correspondence from the North Kensington Amenity Trust is anybody's guess.

An additional surprise is that Maurice Nixon is not listed as a director of this company. The directors are listed as one Sandra Todd (dob 29/4/63) and one Simon Rostad (dob 16/2/67). They are also recorded as the directors of Countrywide Contracts Ltd, giving the same non-existent address [M10]. They are not listed on the electoral roll in the Leeds area and may or may not exist.

In the light of these anomalies one might think that perhaps Mr Bailey had got it wrong, or some other confusion had arisen. An examination of records at Companies House, however, has turned up this address - always set out by hand clearly and unambiguously - in another context. In 1998, Mr Nixon's accountant, JH Cowan & Company, at Handel Close, Edgware, registered as the address of Portobello Road Market Stall Hire Ltd [M11]:

16 Woodland Drive
Swillington
Leeds
LS26 8DN

This company has been a principal vehicle for such of Mr Nixon's activities as are reported to Companies House. He is recorded as a director. It has never declared assets of more than a few thousand pounds and was struck off the register of companies in February 2000 owing tens of thousands of pounds to the Royal Borough of Kensington & Chelsea in unpaid business rates. A 12-month bill for £24,207.51 has been obtained dated 20/03/97 [M12] and there are understood to be similar debts for subsequent years.