Showing posts with label Wyllie and Bisset. Show all posts
Showing posts with label Wyllie and Bisset. Show all posts

Tuesday, July 17, 2012

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."

Sunday, February 24, 2008

Property buying through Scots legal firms seen as risky as lawyer investigated over housing firm collapse

Buying a property through a lawyer has never been more dangerous as both private & corporate clients across the UK have found out.

Recently it was confirmed that a £4million pound land purchase deal in Scotland, which was to have been made by an English company through one of Edinburgh's well known legal firms had gone bad, seemingly because the English client had failed to come up with the money in time, despite both parties agreeing the transaction and letters from the solicitors both confirming the deal had gone through.

It was later revealed however, the real reason the deal had fell through was because a second client of the English client's legal firm had been offered the same land deal with the proviso that one of the senior partners of the same legal firm become part of the development company which would oversee the building of commercial & residential property at that location.

The second client - a shell company which had been formed by 3 solicitors, together with a small construction company with links to several legal firms, was successful and bought the property for less than the original agreed deal between the English company and the Scottish client, and the senior partner of the second client's legal firm did indeed get his place on the development company as he wanted, while the seller got rather less than the asking price.

A complaint was of course lodged with the Law Society of Scotland, who apparently did nothing as the two firms of solicitors involved in the transaction, as well as the 3 solicitors who formed the shell company which succeeded in purchasing the land, are all 'well thought of' within the legal profession, one claiming to have direct links to his nibs, that well known politician who still thinks he is a lawyer ...

In today's Sunday Mail, a case of another property scam is also exposed, where a solicitor is being investigated by the Law Society after buyers lost money on homes which were never built ...

Little wonder business in the legal profession is getting weaker, and don't expect too much from the Law Society now .. we hear they are binning investigations and complaints as quickly as possible before the new Scottish Legal Complaints Commission takes effect - although since that is staffed with the same Law Society staff who are currently binning all the investigations and complaints, we here at Scottish Law Reporter wonder who clients will turn to when the new complaints venue fails like the old ...

The Sunday Mail Reports :

Solicitor Probed Over Home Scam

Feb 24 2008 Exclusive by Norman Silvester

A SOLICITOR is being investigated after buyers lost thousands of pounds on dream homes that were never built.

Tony Murphy faces a Law Society probe over his role in the collapse last month of Glen Isla Homes, which cost 29 people up to £300,000 in lost deposits.

Bentley-driving builder Stephen Connelly raked in the money - plus £185,000 of taxpayers' cash - before he flogged the site in Wishaw, Lanarkshire, for £700,000 and his company went under.

Connelly's lawyer Murphy, of Hamilton, will be asked why he charged £50,000 in fees to the firm before it went to the wall.

The Law Society will also probe his role in the transfer of £230,000 from Glen Isla to another of Connelly's firms, 1st Access Rentals.

Liquidator Wyllie and Bisset are trying to get creditors' money back.

They found that Murphy, who lives in a £400,000 house with wife Janice, had a Glen Isla credit card and signed cheques - even though he is not listed as a director.

The Law Society said: "A number of reports are being investigated."