When Jim Gallacher objected to his Trustee’s award to the G.M.S.T. in September 2015, adjudication was immediately suspended.
Creditors were then told that because funds had become exhausted the Trustee was no longer required to adjudicate. He was about to close the Trust Deed without any dividend, leaving the Trust’s claim ‘in limbo’ – something which would have suited fellow bean counter THE TOADMEISTER perfectly.
The Trustee HAD accepted the G.M.S.T. claim. That was there in black and white, but his decision was not final, and without formal adjudication, it would have been well-nigh impossible for Mr. Gallacher to recall the sisted court action.
FURTHER REPERCUSSIONS HAD BECOME HIGHLY UNLIKELY!
After Jim Gallacher re-established contact with Mortonjag through Trust member Gordon Dyer, he authorised the former to deal directly with his Trustee, whereupon Mortonjag emailed Mr Forsyth on 23rd September 2015, politely requesting an informal meeting to discuss the position. The email was not acknowledged.
It appeared that ‘the shutters had been put up’, and so Mortonjag further requested a meeting by recorded delivery to Mr Forsyth’s accounting practice near Aviemore. When no response was received either to that or to subsequent recorded delivery correspondence, it became apparent that the Trustee was ‘in hiding’ and refusing to cooperate with his client’s designated representative.
Accordingly, a formal complaint was made to Carrington Dean, eliciting an acknowledgement from Mr. Forsyth and a promise that ‘once the complaint had been investigated he would respond’. Mortonjag had merely requested clarification of the position regarding the Trust’s claim, yet Mr Forsyth appeared to be in a hole and digging furiously!
With no progress after many weeks and several prompts to Carrington Dean’s compliance officer, Mortonjag wrote to Peter Dean – the accountant owner of Carrington Dean – who promised to investigate the matter fully.
He did not!
After much time wasting and various excuses he ratified the Trustee’s actions, ‘ticking off’ Mortonjag in the process for citing all of the compelling evidence which suggested that the Trustee and Mr. Robinson had colluded in the matter!
Mortonjag had not alleged that impropriety took place – that is for others to decide – but that evidence was and remains incontrovertible, and the subsequent ‘closing of ranks’ speaks for itself.
Mr Gallacher had been discharged from his Trust Deed in early August. By late December, and ‘getting nowhere’, Mortonjag wrote to the Accountant in Bankruptcy requesting assistance.
Things were about to change!