When Trustee Iain Forsyth refused to reject the Greenock Morton Trust’s unsubstantiated claim after a request by Harper Macleod LL.P., he knowingly disadvantaged his client and the true creditors. His assertion that he was obliged to await the end of the Trust Deed was later refuted by The Accountant in Bankruptcy.
When Forsyth then declined to provide written confirmation of what he had repeatedly stated informally, thereby denying support to a recall of the sisted court case, he once again acted to the detriment of his client and the true creditors.
What motivated an experienced insolvency practitioner to act in such an unprofessional manner?
At the time of lodging a claim on Jim Gallacher’s Trust Deed, non-creditor Nick Robinson abused his professional status to foist undue influence on the Trustee, whereupon both bean counters communicated inappropriately.
Subsequently, the Trustee’s palpable bias in favour of the G.M.S.T. facilitated the evasion of a hearing of its own evidence in court. That was exactly what Nick Robinson had planned.
When the case was finally sisted in March 2012, however, the Trustee had NOT adjudicated. Indeed the G.M.S.T. claim had not even been admitted to the list of creditors!
Jim Gallacher and his solicitor were confident that the claim would ultimately be rejected as there was no proof of debt, and had publicly intimated their intention to recall the sist and seek dismissal in Jim’s favour once the claim had been invalidated.
That confidence was supported by the following document. ‘Jill’ is Jill Bladen, the Office Manager at Carrington Dean, who was in charge of Trust Deed management.
SHE STATED THAT THE G.M.S.T. CLAIM WOULD NOT BE ADMITTED TO THE CREDITORS’ LIST WITHOUT SUPPORTING EVIDENCE.
(The document only became available to Mr. Gallacher after his Trust Deed was over.)
Mortonjag’s faithful readers will recognise the following which forms part of the G.M.S.T. Directors’ report to accompany the 2014 accounts.
That was signed on 31st May 2015 by Nick Robinson, Mary Sellar, and Allan Feeney. It was intended for the Trust membership at Sick Nick’s triumphant valedictory A.G.M, which was due to be held within a month, but Piniccio’s ‘going away’ bash failed to materialise!
NO A.G.M. TOOK PLACE IN 2015 IN FLAGRANT BREACH OF THE TRUST CONSTITUTION.
That unpardonable constitutional omission has never been explained, nor has the fact that those documents, which were fully audited and ready to go, failed to reach the F.C.A. for a further ten months!
When Nick Robinson boasted that ‘further repercussions were highly unlikely’ he must have been super confident that his Trust Deed claim was about to succeed, despite that communication from Ms. Bladen.
What further supporting evidence could he possibly have submitted since October 2012 to justify such a bullish statement, when every last piece of ‘evidence’ accompanied the original claim?
Mortonjag’s readers may well conclude that Ms. Bladen’s decision had been overridden by the Trustee. Mortonjag’s readers may also conclude that bean counters Nick Robinson and Iain Forsyth were ‘in cahoots’!
Two days after the lying Wemyss Bay accountant’s bragging statement was signed, and with his Trust Deed nearing conclusion, Jim Gallacher emailed his Trustee, asking him to consider all of the evidence carefully before reaching a decision.
That appears to have set the cat among the pigeons!
NEXT TIME. Trustee Forsyth assumes the leading role in a farce!