Contrary to misleading information provided to Sheriff Hall on 9th May, TRUSTEE IAIN FORSYTH CATEGORICALLY ADJUDICATED ON THE G.M.S.T. CLAIM. Adjudication was later withdrawn after Jim Gallacher formally objected, leaving matters ‘in limbo’. In order to successfully recall the sist and defend the action Jim needed a clear cut decision by his Trustee, and so, having re-established contact with Mortonjag, Jim once more asked him to ‘take up the cudgels’! The Trustee was emailed on 23rd September 2015.
When no response was forthcoming, Mortonjag persevered.
Once again, Trustee Iain Forsyth failed to answer correspondence on his client’s behalf. What harm could an informal chat have done? Mortonjag wrote again in the same vein on 3rd October, and yet again on 9th October, all by recorded delivery, all equally polite, and all drawing a blank.
Trustee Forsyth wanted Mortonjag to ‘go away’.
THE NASTY SMELL OF COLLUSION WAS AGAIN IN EVIDENCE.
In the interim, Jim Gallacher had taken it upon himself to complain formally to the Trustee’s firm, Carrington Dean.
That appeared to spur Mr. Forsyth to action, as on 7th October he wrote to the creditors. Having allegedly restricted his fees to allow adjudication and pay a dividend to the true creditors and his ‘partner in crime’ in Wemyss Bay, he made a ‘U’ turn, claiming that as there was ‘no money left in the pot’, he was ‘withdrawing his adjudication’ on claims, and planned to close the Trust Deed!
Forsyth was about to ‘shoot the crow’, leaving Jim Gallacher in an impossible situation regarding the court action. He needed stopping in his tracks, so on 16th October Mortonjag sent a ‘stiffer’ letter.
For the first time, Mr Forsyth replied, and proved himself to be as big a liar as Nick Robinson! Bean counting and integrity appear to be uncomfortable bedfellows!
He HAD looked at that documentation from Harper Macleod before ‘considering the claim on its merits’. Presumably Jim Gallacher just made up the story about those accounts and being asked to ‘put something in writing’ for fun!
Forsyth did, however, confirm that long telephone conversation with Nick Robinson in September 2011, during which ‘Mr. Robinson did not seek, and he did not provide any information in relation to Mr. Gallacher!
Perhaps they just chatted about the weather, the shocking price of a single malt, and where they were going for next year’s holidays. Ailsa Kyle’s caveat that ‘Robinson had been on the ‘phone for over an hour trying to get details about Mr. Gallacher’s Trust Deed was presumably a figment of solicitor Andrew Upton’s fertile imagination!
Mr. Forsyth seemed righteously indignant that Mortonjag had dared to suggest that an independent observer might have identified a possible conflict of interest when one bean counter wished to meet another to explain why an unsubstantiable claim should be accepted.
That was a ‘no-brainer’, and he then went on to suggest risibly that Mortonjag was attempting to ‘exert undue influence over him’, because the latter was taking informal advice from a personal friend with I.C.A.S. connections!
Trustee Forsyth was so upset by Mortonjag’s unwarranted assault on his professional integrity that he totally ignored the burning issue of the Greenock Morton Trust’s unsubstantiated claim, and in any event Jim’s complaint had ‘bought him a stay of execution’.
As resolution was likely to take three months, and a complaint to the Accountant in Bankruptcy might take a similar length of time, Mortonjag decided to make contact with the ‘Main man’ at Carrington Dean, to ask that he mediate in the matter.
More fun and games next time folks.