Showing posts with label barnet homes. Show all posts
Showing posts with label barnet homes. Show all posts

13 April 2019

Barnet Homes threaten illegal removal of a vehicle

Wandering down Salisbury Road, past Hart Lodge, housing for old people, Mr Mustard noticed that a white Transit van had a Barnet Homes sticker on it. He took a photo, as above.

Oh dear, thought Mr Mustard, the van probably shouldn't be there but you can't do what Barnet Homes are threatening to do, that's even worse. It brings a council into (even more) disrepute if their ALMO goes around threatening to break the law.

The leaflet doesn't say which reason they are going to illegally remove the vehicle for so let's go through them.

i - It isn't, it is neatly parked in a space.
ii - It isn't & it could only be removed if it was on the public highway.
iii - True but since the advent of the Protection of Freedoms Act clamping or removal is banned. Barnet Homes could relocate the vehicle but only within the same car park. This one is usually 3/4 empty.
iv - Oh yes it does.

 
You had best take some other action Barnet Homes such as looking in the windscreen at the dozens of documents on top of the dashboard to see if there is an owner's name on any of them, or contact the DVLA and then pop round to see if the owner is ok - they could have been visiting a resident (have you asked them all) taken ill & be in a hospital bed. The owner could have amnesia or been arrested or what have you.

Alternatively, you could put up a barrier at the entrance and stop the problem from ever happening again, that is called car park management.

Do not break the law Barnet Homes. I am watching you.

Yours frugally

Mr Mustard

 

22 November 2018

Barnet Council - another risky loan


There is fair bit of background reading as prep for this blog post in which Mr Mustard highlights the entirely avoidable financial risks that Barnet Council are taking, and which, if CPI rises, you, the council tax paper, will end up footing the bill for.




If you don't want to read the background, here is a summary.

Barnet Council wish to acquire up to 300 properties to use as temporary accommodation.

They will cost up to £50m.

This will be cheaper than paying for temporary accommodation on the open market on an as and when basis (currently all the time as about 2700 families are homeless). So far so good (apart from the number of homeless families).

Where the venture gets risky is that an apple & pears calculation has been done which shows that borrowing the money from an institutional investment firm with which to buy these properties, sell them to the investors and lease them back, saves money on the temporary accommodation bill. Well of course it does as you are not comparing the things which should be compared.

What should be compared is the cost of borrowing the money from the Public Works Loan Board to the cost of renting from Touchpoint (Cheyne) as both end up with Barnet Council owning the properties, either now, or in 40 year's time, but with the right to use them throughout.

A 40 year fixed rate loan is available at 3%. You know your costs for the next 40 years, interest rates are near a lifetime low. What is not to like about a loan at 3%. At any time in the next 40 years it may be an absolute bargain.

The rental cost of 3.4% doesn't look awful, although it is at least 0.4% more than ought to be paid, except for the stinger. The stinger is that every year the rental cost is increased by the percentage rise in the consumer prices index (CPI) which means that Touchpoint get 40 years of extra return on their investment without advancing a single penny more. You try and get 3.5% on your savings. The Halifax are offering you 0.7% for a 2 year fix, which they will then use to invest in properties at mortgage rates of 3.3% to 3.9% which gives you some idea of the profits to be made if you can lend people money at a starting rate of 3.4%. The Halifax won't, of course, increase the amount they charge you interest upon, it will be on the sum borrowed which reduces as you pay, rather than increasing.

Here is a table which shows you how the rental costs rack up.


In the left hand set of columns the £50m capital is also being repaid. It isn't in the second set. If remove that then you can see that interest payments amount to £36m. If the sale and rent back option is taken with Touchstone then they give the council £50m at the beginning so the net cost of that is £64m.

Thus, if CPI stays at the current rate of 2.5% for the next 40 years, renting will cost an extra £28m or 77% 

This does not look like a good deal to Mr Mustard.

The red bar in the chart shows the cash-flow break-even. Renting has less outlay for the first 10 years, so is superficially attractive from a cash flow viewpoint, but after you have crested that hill it is downhill all the way for the  next 30 years.

The only way in which this could save the council money is if CPI gets below 1.2% and stays there for the whole term, which, given the history of the last 40 years, seems unlikely.


Mr Mustard has no axe to grind with institutional investors. He works in money himself (he is overseeing the recovery of a portfolio of mortgages of this quantum). They exist for one reason only. To make money. Touchpoint Housing (LBB) Ltd has not been incorporated yet nor has Cheyne Social Property Impact Holdings LP UK which is a company mentioned in the report. A similar named one was found ('UK' is missing)


Mr Mustard looked at the Accounts of Cheyne Capital Management UK LLP. The employees are ace at making money


and they don't get paid an average salary of £740,000 by being anything less than sharp as a tack. Sadly Mr Mustard doesn't think that the same applies to the project assurance team listed at item 10 in the Barnet Homes business case who are being danced around at council taxpayers' expense.

When you are buying something you have not purchased before, you try and assess what you should be paying. if the organisation you are buying from makes this sort of profit, you are paying too much and need to negotiate harder.


Yes, Barnet Homes looked around at other possible providers but if you cast your net amongst a selection of pike, you will catch a pike, not a goldfish (Mr Mustard would like to state at this point is that he is sure that the Cheyne group aren't doing anything wrong in any way, just doing what they should do, which is to make bundles of money. His comparison is a criticism of Barnet Homes & Council). Mr Mustard is concerned that there doesn't appear to have been a proper tendering process, all he sees mentioned is 'soft market testing and analysis of potential schemes with over 15 private funds...'

One of the aims in the Barnet Homes report is to get 'value for money'. This is not being achieved. He will follow up on all costs next July when the books of the council are open to annual inspection.

One worry is that the Barnet Homes report shows that the 40 year rental does cost more than straight borrowing from the PWLB but still they plough on.

The bigger worry is that the councillors who approved this idea, didn't understand the financial costs of rental as opposed to purchase.

The 'exempt' report (which Mr Mustard downloaded from the council website but doesn't seem to contain any exempt data) is also worrying. The structure of dealing through two intermediate companies adds complexity and unknown problems. The list of risks include potential vat liabilities, possible extra stamp duty (stamp duty land tax as it is correctly known) loss of control and extra administrative burdens & therefore cost.

All things considered, this is not a deal that the council should be doing. They are out of their depth.

Yours frugally

Mr Mustard

18 August 2016

Wing on a prayer

Wing Parking seem to have become the default solution to councils in London to 'manage' parking on council estates (by 'manage' I mean to dish out Parking Charge Notices and, to be fair, to issue permits upon request, but the profit in this type of contract is in issuing as many penalties as possible).

Unfortunately the person who let the contract at Barnet Homes, had not seen a letter of advice from Sir Robert Goodwill MP:


Just to be clear the Protection of Freedoms Act (POFA) (a misnomer if ever Mr Mustard saw one) which was introduced to bring in a less harsh system than clamping (debatable if it has had that outcome what with private ticketing having become a growth industry) allows for parking charge notices to be issued on private land which is 'relevant land' and Barnet Council owned land simply isn't.

These are extracts from POFA which confirm what Mr Mustard has just written.


clearly as Barnet Council are the Highway Authority for the borough and as Barnet Homes manage the estates owned by Barnet Council what they should have done, and what other local authorities have done, was to introduce a CPZ for each housing estate so that only residents and their visitors can park there, which is the aim. For some reason councils tenants are only charged £15 for an annual permit whereas residents who live within a CPZ have to pay £40 / £70 / £100 (an emissions based charge which is itself unfair as only 10% of residents live within a CPZ, the rest can have a 5 litre engine if they wish) so either council tenants have been under-charged or CPZ residents have been over-charged, or both (or both overcharged? - in Newham the first permit is free - putting the community first).

Here is an extract from a recent witness statement made in a case which is ongoing at POPLA. You would hope that the Assessor would notice the illegality but they tend to decide only on points of appeal that are raised with them - this one is now being raised. Mr Mustard expects that a private parking expert who has good contacts at high level with POPLA will be bringing this matter to the attention of the chief assessor.


so Barnet Homes agree that the land belongs to the London Borough of Barnet, who are the traffic authority, so this is not 'relevant land'. The witness is a Neighbourhood Housing Officer who clearly doesn't know what she is signing.

Mr Mustard has heard on the grapevine that Wing have been banned from accessing the DVLA database because they are issuing PCN which are legally defective. If that is the case you can park freely on a council housing estate mismanaged by Wing and ignore the Notice to Driver (keep it safe in your glove box) as a Notice to Keeper will never arrive as Wing can't find out who the Keeper of the vehicle is. (It would be unhelpful to deliberately park in this way).

If you have received a Notice to Keeper, had your challenge rejected and are now heading towards POPLA then this should be the grounds of your Appeal, that the land is not relevant land. You should also complain to the DVLA about the release of your data.

Complaints Team
DVLA
Swansea
SA6 7JL

They like to use web forms rather than email (Mr Mustard hates web forms as he can't save them to his computer for his own records) but if you phone 0300 790 6802 you could ask for a real email address, one which ends in .gov.uk probably. If you give it to Mr Mustard he will edit this blog.

Just about everything is wrong with the use of Wing. Mr Mustard's final beef is the use of a PCN which looks like it was issued by an official body and Codes of Practice require that private parking companies do not pass themselves off as having any official status.


Mr Mustard notes that the Penalty was issued before the 15 minutes stipulated in the Contract. Barnet Homes not auditing their suppliers then?

Yours frugally

Mr Mustard

6 April 2015

Can you keep a secret? Mr Mustard can (if he wants to)

So here we go again. The second secret meeting of a wholly owned subsidiary of the "Open & Transparent" Barnet Council.

Mr Mustard asked to see the papers for the meeting of 18/12/13 because he thought they must be interesting. Barnet Homes refused. Mr Mustard involved the ICO. Barnet Homes had its mind changed. In an email from Barnet Homes, a tacit admission of intending to be secretive.

There was no notice given to the public.

Eventually Mr Mustard got a copy of the email which invited directors to attend. The redactions have been done by Mr Mustard as he didn't think that even board directors should have their email addresses posted to the internet for public consumption.

"Tezza"? - ffs

Who is Gerard Naughton?; not a board member. (Ah thank you LinkedIn, the interim head of business support. There were other invited & attending interim staff: Karen Patten - interim Director of Care & Support: Helen Astle - interim Director of Corporate Services)

A very odd meeting. Not taking the minutes of the previous meeting for approval and not going to take any minutes at this one.

Next, the agenda:


If you know what the item of business is why list it as "Any Other Business" and not under its own item?

Then finally Mr Mustard was provided with the minutes, the ones that were not taken.




Robert Heath used to supply the gas service for Paragon so perhaps that is why an interest was declared?

What was so controversial in these minutes that the meeting was decided upon as being completely secret? One would expect that a HSE investigation would be discussed at board level. Maybe it was this one?


Mr Mustard can't see anything controversial about a relationship with the BEBP.

If you know what the Directors of Barnet Homes were so petrified of becoming public knowledge, and any other items could have been discussed and not minuted, do feel free to create an email address in a false name and send an email to mrmustard@zoho.com

Having had to look at the directorships of the various

Barnet Homes Ltd (BH)
Your Choice (Barnet) Ltd (YC) &
TheBarnetGroup Ltd (TBG)

companies Mr Mustard thought you might like a table as the websites of the three companies muddle all the Directors up together as one Board.


Name - per website BH YC TBG
Terry Rodgers Y Y Y
Tracey Lees Y Y Y
John Marshall

Y
Ross Houston

Y
Nigel Turner
Y Y
Rebecca Toloui
Y
David Atta Y

Angela Purcell Y

Washington Ainabe Y

Bob Colquhoun


Troy Henshall Y Y Y
Jeffrey Baker Y


Tracey Lees has just left so she will probably be replaced as a Director shortly by the incoming Chief Exec.

John Marshall & Ross Houston are councillors.

Bob Colquhoun is listed on the website as a member of the board (of Directors for that is what the board is) but isn't listed as a Director at Companies House (having resigned from Barnet Homes on 1/2/2012) and LinkedIn locates him in Aberdeen which isn't exactly local. No wonder he didn't attend.

Troy Hensall is listed under "Officers" (staff) but he is a Director at Companies House; all very odd.

A Krishnaswamy Murali was appointed as director on 3/11/14 subject to references and then resigned on 19/1/15 so perhaps they weren't up to snuff. If anyone knows any other reason do email mrmustard@zoho.com

Mr Mustard somehow thinks that no further confidential Board Meetings will he held.

A blogger to concentrate on Barnet Homes & Your Choice is still needed as the existing ones can only be spread so thinly.

Yours frugally

Mr Mustard

12 August 2014

Top Secret Board Meetings at Barnet Homes & Your Choice

Regular readers will recall the mantra of the Chief Operating Officer of Barnet Council that the default position of the council is to be open and transparent a phrase that gets thrust back at him every time the council fail to reveal or partially reveal something of interest. If a council was completely open and transparent there would be no need for bloggers to root around for information and Barnet is a hotbed of bloggers (and activists) which tells you all you need to know about the actual transparency achieved, or not, by the council.

Barnet Council owns 100% of the Barnet Group, an umbrella body created to hold shareholdings on its behalf in Barnet Homes (who "manage" all of the council's social housing stock) and Your Choice (a misnomer of a company) for providing vital social care and which thinks the best way to balance its is to cut the pay of its not highly paid workforce by originally 9.5% and now 8.31% (both of which threatened cuts have led to ballots for strike action which have had votes in favour of 90%) rather than charge the council the actual cost of the services provided.

Anyway, whilst Mr Mustard was thrashing about their dire websites he came across two Board meetings which he hadn't seen advertised anywhere so, rarely for him nowadays, he fired off a simple Freedom of Information request in the full expectation of a refusal. Here it is with the answer which was provided in 22 calendar days (Mr Mustard told Barnet homes off for always replying on working day 20 in the past and they have decided not to delay this time)


Good afternoon Mr Mustard

Thank you for your request for information received on 2 July 2014, under the Freedom of Information Act 2000 (“the Act”). I set out your request and Barnet Homes’ response as follows:

Please provide the following details for the Board Meetings of 18 December 13 (Barnet Homes) and 16 January 14 (Your Choice)

- the email or other notice in which notice invited persons were notified of the meetings
- names of persons invited
- any notice given to the public
- the agendas
- the minutes


The meetings held on 18 December 2013 and 16 January 2014 were both confidential meetings and therefore only the Board Members and appropriate officers were invited. In view of the fact that they were confidential meetings we did not issue any notices and there are no agendas or minutes available for public release.

The items discussed are exempt from publication under categories 2 and 3 of Schedule 12A of the Local Government Act 1972. This is because the report refers to information that is likely to reveal the identity of an individual and/or Information relating to the financial or business affairs of any particular person.

In addition, the information about this meeting is withheld because it is considered that the absolute exemption under Section 40 (2) of the FOI Act applies to it.

In doing so, Barnet Homes is relying on the absolute exemption set out in section 40 (2) of the Act in regards to information that constitute personal data. We have applied the exemption because of the condition set out in Section 40(3)(a)(i) of the Act concerning data protection principles as stated in the Data Protection Act 1998.

I hope you find the information above useful.

How the Dickens could a lack of information be useful?

Mr Mustard notes the complete failure to issue any public notices of the upcoming meetings (these are private companies although ultimately council owned). Should the position have been that the meetings were advertised, the public could have attended and then as soon as the meeting opened it went into private session and the public were excluded?

Should the agenda have been published with the substance of the item to be discussed written without any personal data within it?

Should the names of the actual Board members who were invited have been released? The response says "the Board Members" but was the whole Board invited? how do we know?

Shouldn't the names of senior officers who attended be released?

Shouldn't there still be minutes showing the start and finish times, the matters discussed (without personal data) & any votes or decisions taken?

Should councils be allowed to hide things by the expedient of having wholly owned private companies?

Should I ask for a review or let the matter rest? Would suitable experts please comment below.

Yours frugally

Mr Mustard