Mortonjag received the preceding email on Wednesday 28th September 2011 after Mr. Upton had been ‘tipped off’ by a contact within Carrington Dean who felt that he ought to be aware of a disturbing fact.
Nick Robinson, a non-creditor, had apparently been in telephone discussion with Mr. Gallacher’s Trustee FOR OVER AN HOUR the previous day -‘trying to get more information from them’.
THAT WAS SEEMINGLY SERIOUS PROFESSIONAL MISCONDUCT ON THE PART OF BOTH THE TRUSTEE AND MR. ROBINSON.
WOULD JIM GALLACHER’S GENERAL PRACTITIONER HAVE DISCUSSED PERSONAL MEDICAL DETAILS WITH A COMPLETE STRANGER SIMPLY BECAUSE HE CLAIMED HE WAS A QUALIFIED DOCTOR?
Mortonjag’s readers will recall that when requesting his ‘claim pack’, Mr. Robinson had intimated that he was ‘by profession, a chartered accountant and insolvency practitioner’. That was intended to be gainful.
The reported telephone discussion took place on a Tuesday midway between the claim form having been requested and its ultimate submission. Iain Forsyth the Trustee practises near Aviemore and visited Carrington Dean once a week only – always on the Tuesday.
In subsequently writing to the Trustee, Jim Gallacher’s solicitor, Mr Upton, firstly stressed that Jim Gallacher was not indebted to the G.M.S.T.
THAT WAS THE VIEW OF THE INSOLVENCY TEAM AT HARPER MACLEOD WHO CONCLUDED THAT MR. GALLACHER HAD NO OBLIGATION TO DISCLOSE HIS TRUST DEED TO A NON-CREDITOR. THAT CONCLUSION REMAINS CENTRAL TO ONGOING PROCEEDINGS.
On the basis of no demonstrable debt, he asked the Trustee, on behalf of his client and his true creditors, to reject any incoming claim from the G.M.S.T.
Finally, he wished clarification of the basis on which confidential matters were discussed with Mr. Robinson – a non-creditor – and the nature of the information shared.
NO EXPLANATION WAS EVER FORTHCOMING!
Above is the first paragraph of a lengthy letter to the Trustee. The full version will appear in the next blog.
NORMAL CLAIMANTS ON A TRUST DEED DO NOT REQUIRE TO WRITE LETTERS OF EXPLANATION. THEY SIMPLY LODGE PROOF OF DEBT!
NICHOLAS ROBINSON, C.A., WAS NO NORMAL CLAIMANT. HE WAS IN THE PROCESS OF INCEPTING A REPREHENSIBLE SCAM.
Why did he allege that it took EIGHT DAYS for a claim pack to get from Glasgow city centre to Wemyss Bay, when Carrington Dean later confirmed that staff had posted it out on the day the request was received?
Why no mention in his first letter to the Trustee of that hour long telephone conversation, as in normal business practice – ‘Following/with regard to our recent telephone discussion’? Robinson was attempting to ‘cover his tracks’ by suggesting that his first direct contact from Carrington Dean came three days later.
THAT TELEPHONE CALL WAS BEING MADE TO ‘DISAPPEAR’!
To compound the apparent intrigue, when Iain Forsyth the Trustee spoke to Andrew Upton two days later, he failed to mention the telephone discussion about their mutual client. That was professionally unacceptable.
THE TELEPHONE CALL WAS BEING MADE TO ‘DISAPPEAR’ ONCE MORE!
In a follow-up email he ‘innocently’ asserted – ‘I have not received a claim from the Greenock Morton Supporters Trust’, when he had apparently just spent an hour discussing intricate details thereof with his new ‘partner in crime’ and knew full well that a claim was about to arrive on his desk!
So there it was! Ailsa Kyle of Carrington Dean had alerted Mr. Upton to that telephone call because she knew it was ‘irregular’, and evidence indicates that Trustee Iain Forsyth discussed a client’s private details with a fellow insolvency practitioner who was a non- creditor for ‘over an hour’, after which both parties proceeded to ‘hide’ the conversation.
WHY DID CARRINGTON DEAN FAIL TO ANSWER MR. UPTON’S ENQUIRY ABOUT THAT TELEPHONE CALL?
The shameless scam was gaining momentum!
NEXT UP. Full details of Nick Robinson’s ‘claim’ letter, and you won’t want to miss this one folks.
IT’S COMEDY GOLD!