Accountant in Bankruptcy agents try to seize wrong house in bankruptcy of disabled client ordered by Perth law firm over disputed legal fees

Perth lawyers bankrupted ill client on benefits for disputed fees. A BANKRUPTCY ordered by Perth law firm Kippen Campbell against a severely ill client in receipt of disability benefits, over disputed legal fees of around £2,700 in connection with a damages claim in Scotland’s Court of Session which curiously collapsed under the law firm’s representation has today been highlighted as an example of harassment by Scots law firms for questionable fees after revelations in the media that agents acting for Scotland’s Accountant in Bankruptcy threatened to seize property belonging to a family completely unconnected to debts which Kippen Campbell claim are owed to them.

Documents passed to Scottish Law Reporter this afternoon appear to show moves made to recover the demanded legal fees became so desperate, Glasgow based accountants Wylie & Bisset who are acting on behalf of the Accountant in Bankruptcy, sent demands to Kippen Campbell’s former client Mr Gordon who lives in Perth, threatening seizure & sale of his property, which he does not own, and the seizure & sale of another property owned by an unconnected family who live in Rattray, Blairgowrie, whose surname is also Gordon.

Threatening letters – Pay up for lawyers fees or we make you homeless say AIB’s agents. In letters sent to Mr Gordon, Wylie & Bisset demand a “required payment” of NINETY TWO THOUSAND & FIVE HUNDRED POUNDS, and goes on to threaten “We require firm proposals for the realisation of the sum in question to your sequestrated estate as a matter of urgency. Should we not receive your proposals within 14 days of the date of this letter, then please be aware that we shall be forced to seek action for vacant possession of the property.”.

The property which Wylie & Bisset were attempting to seize and had valued, at £185,000, was located in Rattray, Blairgowrie, and owned by a family unconnected to Mr Gordon. Yet the debt allegedly owed to the Perth based law firm amounted to little more than £2,700, which now appears to have increased to some £6,600 taking into account several hearings at Perth Sheriff Court which have artificially inflated the original demand for the disputed legal fees.

Another demand sent to Mr Gordon from Wylie & Bisset, just a few days after the earlier threat, stated : “Please note that should suitable proposals not be received in writing, within 7 days, then we will have no alternative but to instruct a solicitor to raise proceedings in court for the forced sale of your property.”

The bankruptcy case affecting Mr Gordon appears to have been a complex one, to say the least, with a further series of documents handed to journalists which appear to contain the names & apparently photocopied signatures of various Sheriffs, including Sheriff Lindsay Foulis and Sheriff Principal Alistair Dunlop on badly copied documents purporting to be court interlocutors.

The documents reveal a lengthy, bitter series of hearings raised by local solicitors Kippen Campbell in Perth Sheriff Court against their former client Mr Gordon, which appears to have culminated in an order to bankrupt Mr Gordon and the attempt to make him homeless over the disputed fees. However Mr Gordon was unable to attend any of the court hearings as his doctors had certified him too ill to attend court on no less than seven occasions and had informed the court of this in writing.

A legal insider studying some of the documents sent to Mr Gordon by a collection of Sheriff Officers, debt collectors & the Scottish Court Service said : “It is difficult to tell if Mr Gordon has actually been made bankrupt from the confused mess of paperwork & photocopied documents sent to him”

Further material passed to Scottish Law Reporter this afternoon, reveals a worrying series of recorded audio conversations involving Court staff based at Perth Sheriff Court, who appear to give conflicting instructions to Mr Gordon, who was at one stage told by key staff at Perth Sheriff Court not to attend the hearings.

Also, an alarming series of email exchanges between staff at Perth Sheriff Court and persons unconnected with Mr Gordon appear to show court staff broke Data Protection laws and passed key personal details of Mr Gordon including sensitive details of court hearings, to outsiders.

No one from the Accountant in Bankruptcy has issued any statement on the case, or explained why agents Wylie & Bisset acting on the authority of the AIB decided to attempt to seize the properties of families unconnected to debts claimed to be owed to lawyers Kippen Campbell. Similarly, no one from Perth based Kippen Campbell has issued any comment.

One legal expert speaking to Scottish Law Reporter earlier today claimed law firms are increasingly using the AIB to go after clients for disputed legal fees connected to cases which have invariably collapsed in similar circumstances to that of Mr Gordon. Scottish Law Reporter will be investigating these claims for further reports.

Today’s Herald newspaper has featured a report on the bankruptcy case against Mr Gordon, here :

Accountants target wrong Mr Gordon

AN accountancy firm handling the sequestration of a man was preparing to seize the home of someone with the same name.

William Gordon, who lives in a rented house in Perth, was stunned to receive letters from Glasgow-based Wylie & Bisset demanding to know how much equity he had in a detached home in Rattray, Perthshire. When he ignored the letter, another arrived telling him a professional valuation had been conducted and the firm would target his share in the equity to cover a debt of £5200 to Perth law firm Kippen Campbell.

In fact, the William Gordon who owns the home in Rattray confirmed he had no connection with his namesake.

He said: "You'd think professionals involved in such a serious business would carry out their job a bit more thoroughly."

The target of the sequestration added: "I pay rent on a modest home in Perth. Why would I be doing that if I owned a lovely detached house 15 miles away in one of the most desirable parts of Perthshire?"

Wylie & Bisset was appointed by the Accountant in Bankruptcy (AIB) to pursue the legal firm's debt. Gordon Chalmers, a partner in Wylie & Bisset, said: "It would be inappropriate for me to add anything further to what you have from the AIB on the matter."

Perth Sheriff Court hears Sheriff Foulis suggest First Minister Alex Salmond ‘may give his opinion & decide’ on criminal case

First Minster & now First Judge ? Alex Salmond criticised by Sheriff in Supreme Court war of words wrangle. PERTH SHERIFF COURT last week saw the first public remarks made by a member of Scotland’s judiciary against the First Minister’s interference & highly personalised attacks on the judicial system, attacks which particularly focus on Human Rights rulings from the UK Supreme Court, based in London. Mr Salmond has personally attacked the Supreme Court’s judges, its rulings, and has alleged it has undermined the rule of law in Scotland. Mr Salmond has also backed his Justice Secretary Kenny MacAskill over threats to withdraw Scottish funding for Supreme Court cases.

In a case currently before Sheriff Lindsay Foulis in which a man denied that on November 27, at an address at The Cross, Coupar Angus, he conducted himself in a disorderly manner by shouting, swearing and exposing himself in a public place to the alarm of people and committed a breach of the peace, Sheriff Foulis said, "Perhaps the first minister would give his opinion on this — he seems to have an opinion on everything else. Maybe he will decide this matter."

Legal insiders criticising the level of political interference in the justice system observed today “..it now appears Mr Salmond wants to become First Judge as well as First Minister.”

The Courier newspaper reports :

'He has an opinion on everything else' — sheriff's cutting remarks directed at first minister

A sheriff has taken a swipe at the first minister, as the row over comments made by Alex Salmond about the judiciary escalates.

By Paul Reoch Published in the Courier : 17.06.11

Sheriff Lindsay Foulis suggested that Mr Salmond "may give his opinion" on a case that was heard before him at Perth Sheriff Court on Thursday as he has "an opinion on everything else."

The sheriff made his remarks when he was told that a trial involving Michael Fleming (19), of Airlie View, Blairgowrie, would have to wait pending a decision from a higher court.

Depute fiscal Rebecca Kynaston told the court there had been "issues" with a police interview and that the case would have to be delayed.

Sheriff Foulis said, "Perhaps the first minister would give his opinion on this — he seems to have an opinion on everything else. Maybe he will decide this matter."

It is understood many figures in the legal profession are incensed by Mr Salmond's recent criticism of Supreme Court judge Lord Hope and prominent solicitor Tony Kelly, and the matter was the subject of some exchanges at First Minister's Questions.

A spokesman for the first minister said they could not comment on individual remarks from a sheriff.

Fleming denied that on November 27, at an address at The Cross, Coupar Angus, he conducted himself in a disorderly manner by shouting, swearing and exposing himself in a public place to the alarm of people and committed a breach of the peace.

He will stand trial at Perth Sheriff Court on November 7.

Law & Order : Sheriff upsets fiscal depute after request for case papers

Court hearings were apparently halted at Perth yesterday as a procurator fiscal depute, Charmaine Cole was ‘reduced to tears’ by the words of Sheriff Robert McCreadie who requested to know wny case papers were not ready.

The Daily Record reports :

Sheriff forced to stop court hearing after leaving prosecutor in tears

Apr 10 2009

A SHERIFF held up court proceedings yesterday after being so rude to a prosecutor that she fled in tears.

Sheriff Robert McCreadie badgered procurator fiscal depute Charmaine Cole in front of shocked solicitors and members of the public.

She left in obvious distress and criminal cases were delayed while another prosecutor was found.

Solicitors later accused the sheriff of being "out of order".

A court source said: "Charmaine is highly competent, diligent and very well liked.

"The way McCreadie behaved towards her was absolutely appalling.

"She would be well justified in complaining formally to the sheriff principal.

"The sheriff seems to think he can pick on young, and particularly female, lawyers."

Sheriff McCreadie had asked Miss Cole why papers in a certain case were not ready.

She tried to explain that they were not due until custody documents were ready.

But he continually interrupted until finally she left.

Sheriff McCreadie recently jailed an anti-drugs vigilante who flushed a heroin dealer's stash down the toilet.

And he once halted a court case after pressing the wrong button on his laptop and wiping out all the details.

A Crown Office spokesman said the latest incident was being investigated.

Sheriff keeps secret details of secret squirrel's job

A recent decision by a Sheriff to withhold the details of a speeding driver's plea for leniency has raised questions over what can and cannot be withheld from the public.

From the Herald :

A senior lawyer said: "This sets a very dangerous precedent which flies in the face of justice being seen to be done. Traditionally, if a lawyer passes up a document in support of his client it is treated as part of the mitigation and should be given to the press.

"For a sheriff to simply state he did not want to hand something over is wrong. The Scottish Court Service has said as much in the past."

Time for the Scottish Courts Service to clarify the matter on what should and should not be secret ?

The Herald reports :

Speeder asks sheriff to limit ban on basis of ‘secret job'

ALAN MACDERMID

A speeding driver yesterday asked a sheriff to limit his disqualification on the grounds of his job - but the public was not allowed to know what it is.

Sheriff Robert McCreadie caused controversy in legal circles when he kept secret the details passed to him in a letter by speeder Derek Hopgood.

Not only did his occupation remain hush-hush - so also did the voluntary work which he does.

Hopgood, 46, was clocked speeding at 109mph on the notorious A9 dual carriageway between Stirling and Perth.

He told Perth Sheriff Court court that he would lose his job if he was banned from driving for a lengthy period.

Hopgood handed over two letters - relating to his job and voluntary post - for consideration. The sheriff then refused to read out the content of the letters and declined to let members of the press see them despite considering them as part of Hopgood's mitigation.

The sheriff's clerk then confirmed that the sheriff had said he was treating the letters as "confidential" and would not hand them over. No further explanation was given.

A senior lawyer said: "This sets a very dangerous precedent which flies in the face of justice being seen to be done. Traditionally, if a lawyer passes up a document in support of his client it is treated as part of the mitigation and should be given to the press.

"For a sheriff to simply state he did not want to hand something over is wrong. The Scottish Court Service has said as much in the past.

"This opens the door to any solicitor simply to write down their plea in mitigation and hand it over so their client's details remain private."

Hopgood, of Logie Drive, Larbert, Stirlingshire, admitted driving at 109mph on the A9 on February 24 this year. He had been convicted for speeding two months earlier as well.

Solicitor Rosemary Scott said: "He has provided a letter from his employers. If he is disqualified for three, six or nine months they would not be able to keep him on. The nature of his employment is such that he is on call 24 hours a day, seven days a week. On occasions he may have to be away overnight, all week.

"Long distances are involved so public transport would be out of the question. He travels in the region of 50,000 miles per annum.

"There are other people who rely on him and he regrets the fact he put the support he provides to these people in a very difficult position."

Ms Scott asked the court to restrict the ban on Hopgood on the basis of the secret information provided in the letters he put forward.

Sheriff McCreadie told him: "Responsibility is yours entirely. This speed is disgraceful. It is almost 40 miles per hour beyond the speed limit. Notwithstanding all of the information and factors prayed in aid it is a disqualification situation."

He banned Hopgood for four months and fined him £500.

Afterwards the sheriff's clerk removed the letters from the summary complaint and confirmed the sheriff would not allow them to be handed over.

Isobel Brydie, of Scotland's Campaign Against Irresponsible Drivers, said: "If your licence is all that important to you, you shouldn't be doing 109mph. The onus us on you to stay within the limit."