As Mortonjag’s regular readers are aware, fellow insolvency practitioners Nick Robinson of Wemyss Bay and Iain Forsyth of Aviemore appear to have colluded to obtain a favourable outcome for the Greenock Morton Trust in a claim on Jim Gallacher’s Trust Deed.
That claim, masterminded by Robinson, was a ‘scam’ designed to avoid the hearing of his fatally flawed Small Claims action against Mr. Gallacher, in which the Trust provided no evidence of loss while relying heavily on two perjurious witness statements.
That action had been put ‘on hold’ pending adjudication by Mr. Gallacher’s Trustee, at which point Mr. Forsyth assigned a dividend to the Trust, stating that there was sufficient evidence to support the claim. He then ‘froze’ adjudication when Mr. Gallacher objected, but in order to successfully defend the court action it had to be shown that the Trust’s claim had been invalidated.
On Mr. Gallacher’s behalf, Mortonjag attempted to resolve the matter – firstly with Mr. Forsyth who refused to answer correspondence, and latterly with his firm’s Managing Director, Peter Dean. Despite a promise of a full investigation, Mr. Dean simply accepted the Trustee’s version of events, asserting that the Trust Deed had been administered properly. He also attempted to ‘lecture’ Mortonjag for highlighting a possible conflict of interest!
Three months after Mortonjag had approached the Trustee seeking amicable resolution, and with negotiations in stalemate, Mortonjag enlisted the assistance of Barry Simpson and the Accountant in Bankruptcy’s Trust Deed team.
Mr. Simpson also encountered stubborn resistance from Forsyth and Carrington Dean. He may well have imagined that they were hiding something!
Five months after the initial approach, a breakthrough at last, though only verbally from Carrington Dean’s compliance manager. Apparently there had been some sort of mistake, and there was no evidence to support Robinson’s claim after all –
– BUT ‘Fiddler’ Forsyth was STILL in hiding! The AiB Trust Deed team determined to flush him out.
With an investigation by I.C.A.S. looming, Forsyth was forced to surface. He had finally run out of lies and excuses.
Barry Simpson asked the Trustee to confirm his statement in writing to Mortonjag.
That was a paradoxical about turn by the Trustee. There WAS insufficient supporting evidence for Robinson’s claim, yet when he adjudicated he clearly stated that the Trust had ‘supplied sufficient evidence to support the claim’.
Apparently that had been ‘an error’ – an error of such humongous proportions as to defy credibility. Forsyth was surely ‘at it’!
In November 2011, and on behalf of their MUTUAL client, the Trustee was presented with an eight page submission from Harper Macleod. That submission contained incontrovertible evidence of the invalidity of Robinson’s spurious claim. In the interests of his client and the true creditors, Mr. Forsyth was asked to reject it.
That evidence was compelling, yet with no obligation whatsoever to await the end of the Trust Deed, Iain Forsyth elected to do so in order to favour the Morton Trust.
Even in that final letter, Iain Forsyth attempted to ‘muddy the waters’ by suggesting that ‘the claim was initially admitted to the creditors list in error’. As the following document shows, THE CLAIM WAS INITIALLY EXCLUDED FROM THE CREDITORS’ LIST,
Fiddler Forsyth had slipped in his fellow bean counter’s dodgy claim immediately prior to adjudication, in full knowledge of insufficient supporting evidence, as highlighted by Jill Bladen his office manager.
When Iain Forsyth’s ‘confession’ eventually arrived ‘Chez Gallacher’ fully seven months after Mortonjag initially approached him, the Trustee had uncharitably failed to say that he was happy that that was the decision his client had wished for. Jim finally had the decision he and his creditors ought to have been granted back in November 2011, and could finally get things back into court.
IT IS NOW INCUMBENT UPON THE REGULATORY AUTHORITIES TO DEAL WITH THE MATTER!
NEXT TIME. BACK TO COURT – PART 1.