TARGET BENEFITS: As Scots politicians raid public cash to prevent unwanted headlines - Law firm clients claim SNP Govt Social Security Scotland Agency are unfairly targeting & delaying PIP payments to disabled, long term sick, abuse victims & Covid victims

Devolved SNP Benefits powers face misuse claims. AMID a series of headlines relating to Social Security Scotland mishandling certain benefits considerations and unexplained lengthy delays in payments of Cold Weather Payments, and Personal Independence Payments (PIP) to the long term sick, disabled, victims of abuse and Covid victims - a law firm has contacted journalists with cases revealing delays, perceived attrition to delay or make difficult applications and appeals, and even cases where disabled claimants feel they are being subtly questioned on their politics.

Journalists have been given access to several clients who told us of sudden, unplanned reviews to their PIP benefits claims including threats to cut off benefits payments to victims of long term disability - and lengthy, confusing telephone consultations in which searching questions were asked of claimants lifestyles and their politics.

In cases now being assisted by legal advice, claimants alleged they were made to fear information on their politics and voting intentions may end up being used as a condition to maintain their current benefits payments.

Material ingathered by claimants - which journalists have now had sight of within their legal representative’s office - does appear to support accusations the new devolved benefits powers - passed to the SNP Government by the Conservative Government at Westminster – are subject to a litany of delays, withholding of, or cancellation of payments and potentially motivated consideration of benefits payments to persons across Scotland in areas where some may consider a ‘target voter pool’ could make a difference in what may become a bitterly contested Scottish General Election in 2026.

Noting the material provided by claimants in just two of Scotland’s local government areas – none of the allegations raised with journalists by solicitors and their clients appear to have been explained by Social Security Scotland in any reasonable way to claimants – who include terminal cancer victims, very seriously disabled persons unable to walk, victims of serious sexual abuse and several long term Covid victims – all of whom claim they are being treated worse than under the DWP system when Personal Independence Payments and related benefits were reserved to Westminster.

And in several cases, journalists have been able to speak with Local Authority staff who backed up issues relating to lengthy delays in payments and unreasonable withholding of benefits.

One Local Authority source said “claimants are being unfairly targeted because of who they are because they are too weak to fight back and we don’t have the staff to help all cases”.

A solicitor representing a PIP claimant said: “People are being seriously let down by Social Security Scotland.”

Information on cases where compensation cash for victims of abuse has been raided by politicians to fund pay rises to stave off strike headlines, and political ventures and other PR related issues which have already been aired in the media.

Several abuse victims who have spoken to journalists now fear their PIP payments may also end up going the same way and “into the hands of desperate politicians trying to cling to power” as one victim told us.

Journalists understand the law firm’s clients are being assisted by an MSP on cases of irregular reviews and unwarranted withdrawal of PIP benefits claims and payments under the SNP Government’s Social Security Scotland.

Solicitors representing the claimants requested journalists not publish material currently in their hands, as they feel clients – particularly those in receipt of Legal Aid - could be maligned in their access to legal advice – until such time more fuller scrutiny and assistance can be provided.

However Justice Diaries has been asked to publish a short list of recommendations to any benefits claimants who feel they may (and should) require to keep careful notes on any interaction or contact whatsoever with Social Security Scotland.

1. Maintain “careful notes” of any contact via phone or personal visits, interviews or consultations regarding your benefits claims.

2. Ask for and note down the names and role of anyone from Social Security Scotland whom you are speaking with and ensure you have an accurate record of what was said.

3. If you are in need of assistance or any form of help for any benefits issues relating to Social Security Scotland – seek out help from your Local Authority benefits team immediately and do not delay.

4. If you feel your benefits claim or PIP payments under the SNP Scottish Government rules are being subject to unwarranted interference or intimidation, you may require to contact a solicitor and seek legal advice without delay.

5. If you are required by Social Security Scotland to attend interviews or consultations, take a witness or someone to assist you.

In the case of “Careful Notes” readers may interpret that recommendation as to how you record information via any means.

It may also be helpful for you to ensure a witness is present to ingather a verbatim, word-for-word account of any telephone interview or consultation you are required to attend.

Social Security Scotland and the Scottish Government were not contacted for comment on this report, as Scottish Government agencies now often ignore or issue delays to media enquiries then ultimately refuse to respond.

However, material scrutinised by journalists – does appear to corroborate claimants experiences now being dealt with by legal representatives, Local Authorities and Disability support groups.

If readers have any similar experiences with Social Security Scotland or concerns about how they are being treated and wish to find help, the advice is to contact your Local Authority Benefits Team and any Disability support groups and your area MSP immediately – and if you feel the need – contact a reputable qualified solicitor who may be able to provide legal advice and representation.

Additionally, it’s always good to contact any Scottish newspaper journalists via their respective news desk or contact details with your story as these are national issues affecting all Scots.

And of course keep journalists informed of related issues you experience in matters addressed in this article at Justice Diaries via our email: scottishlawreporters@gmail.com

Be informed everyone - and inform others to help others, and get the help you need.

£8 MILLION of YOUR MONEY spent on ‘BULLY BOY’ agents as papers to MSP reveal Accountant in Bankruptcy secretly seize benefits of disabled, trashing lives of Scots on the brink

Plush offices of Kilwinning based Accountant in Bankruptcy, who target disabled benefits cash. AT THE END of a week when the Scottish Government announced there have been 4,063 personal insolvencies in the past year, it may well come as a surprise to learn that papers now in the hands of MSPs and an MP, reveal that Scotland's Accountant in Bankruptcy (AIB) is conveniently looking the other way while its highly paid, ‘bully boy’ agents routinely seize Scots benefits cash in attempts to force unnecessary payments out of even the long term sick and disabled victims of the current recession.

It can also be revealed the same ‘bully-boy’ firms of private accountants who go on to seize the bank accounts of sequestrated individuals, are being paid millions of pounds of public money by the AIB to do it, and when victims are forced to complain about their benefits being withheld, contrary to laws put in place to prevent this, the Accountant in Bankruptcy and their agents refuse to allow external investigations by banking & finance regulators.

Journalists from Diary of Injustice who have been looking into this huge bankruptcy scam on the public purse, recently made Freedom of Information requests to the Accountant in Bankruptcy, asking for details of expenditures of public money on private accountants acting as the AIB’s “agents” and the numbers of complaints made against each of the AIB’s agents.

In it’s response. the Accountant in Bankruptcy revealed that at least EIGHT MILLION POUNDS of taxpayers cash (£8,021,756.62) has already been spent on private accountants working for the already overstaffed multi million pound budgeted public body in charge of sequestrations. The AIB have also revealed a litany of complaints made against its agents but it refused to release any details of the actual complaints and confirm whether matters were in fact resolved.

The AIB ‘s FOI response, available to view online HERE, states :

I can confirm that Armstrong Watson is one of those Providers. Since the commencement of this contract in April 2009, until 31 March 2012, Armstrong Watson has been paid £1,051,627.12 for the administration of cases on behalf of The Accountant in Bankruptcy. To date they have been allocated 2062 cases. I can confirm that there have been 11 complaints made to AiB in respect of Armstrong Watson, from 1 April 2009 to date, 2 August 2012.

I can confirm that Hastings & Co are one of those Providers. Since the commencement of this contract in April 2009, until 31 March 2012, Hastings & Co have been paid £608,605.96 for the administration of cases on behalf of The Accountant in Bankruptcy. To date they have been allocated 1040 cases. I can confirm that there have been 8 complaints made to AiB in respect of Hastings & Co, from 1 April 2009 to date, 2 August 2012.

I can confirm that Invocas is one of those Providers. Since the commencement of this contract in April 2009, until 31 March 2012, Invocas has been paid £284,346.77 for the administration of cases on behalf of The Accountant in Bankruptcy. To date they have been allocated 875 cases. I can confirm that there have been 6 complaints made to AiB in respect of Invocas, from 1 April 2009 to date, 2 August 2012.

I can confirm that KPMG is one of those Providers. Since the commencement of this contract in April 2009, until 31 March 2012, KPMG has been paid £3,706,744.79 for the administration of cases on behalf of The Accountant in Bankruptcy. To date they have been allocated 6585 cases. I can confirm that there have been 28 complaints made to AiB in respect of KPMG, from 1 April 2009 to date, 2 August 2012.

I can confirm that Miller McIntyre & Gellatly (now mmg archbold) is one of those Providers. Since the commencement of this contract in April 2009, until 31 March 2012, MMG have been paid £303,745.48 for the administration of cases on behalf of The Accountant in Bankruptcy. To date they have been allocated 710 cases. I can confirm that there has been 1 complaint made to AiB in respect of MMG, from 1 April 2009 to date, 2 August 2012.

Since the commencement of this contract in April 2009, until 31 March 2012, Wylie & Bisset have been paid £2,066,686.50, for the administration of cases on behalf of The Accountant in Bankruptcy. To date they have been allocated 3703 cases. I can confirm that there have been 18 complaints made to AiB in respect of Wylie & Bisset, from 1 April 2009 to date, 27 July 2012.

After looking into cases brought to the attention of Diary of Injustice, it has now been confirmed several of the firms identified in the above FOI response have been subject to serious complaints relating to how sequestrations have been handled, including matters involving the freezing of bank accounts and access to state funds.

Papers relating to one such case now in the hands of Perth MSP John Park confirm that agents acting on behalf of the Accountant in Bankruptcy have blocked access to disability benefits payments made to individuals who have suffered sequestration under highly questionable circumstances, for up to SEVEN MONTHS at a time.

The case being handled by MSP Mr Park, involves a Mr William Gordon of Perth who’s plight has previously been reported by the Herald newspaper, online law news websites and Diary of Injustice, featuring the case here :

An investigation of Mr Gordon’s case on Scots law website Scottish Law Reporter identified a firm Glasgow accountants, Wylie & Bisset who have been acting for the Accountant in Bankruptcy against Mr Gordon.

The Herald newspaper & Scottish Law Reporter have previously reported that Wylie & Bisset, who have been paid a whopping TWO MILLION POUNDS of public money to act for the AIB in sequestration cases, had also attempted to seize Mr Gordon's home  (which he does not own) and the home of an unrelated family in another town in order to pay off questionable debts claimed by a Perth based law firm, Kippen Campbell.

Diary of Injustice has previously reported on Mr Gordon’s case, after Kippen Campbell decided to bankrupt Mr Gordon, their former client, over a fees dispute, even though documents produced to the Scottish Legal Complaints Commission revealed Kippen Campbell had left their client on the doorstep of the Court of Session without legal representation after a long battle to bring a personal injury claim.

It has shockingly turned out that since the last report on Mr Gordon’s case, where his accounts were unfrozen, the agents acting for the AIB along with Lloyds TSB, Mr Gordon's bank, froze his accounts again, and have since refused to offer any explanation for their conduct.

Earlier this week, Diary of Injustice was handed copies of papers now in the hands of John Park MSP, and the SNP’s Pete Wishart MP at Westminster, which show the AIB’s agents, Wylie & Bisset have even refused requests from the Financial Ombudsman to investigate complaints made about the case by Mr Gordon, a move which suggests private firms acting on behalf of the Accountant in Bankruptcy are effectively unregulated, and can do as they please to victims of the credit crunch, brought about by the antics of corrupt, greedy bankers & their colleagues.

Speaking to Diary of Injustice yesterday (Friday), an official with one of Scotland’s Consumer protection bodies condemned the treatment of Mr Gordon and others at the hands of the AIB.

She said : “It is a disgrace that firms of private accountants who are apparently being paid millions of pounds of public money by the AIB are freezing benefits payments made to the sick & disabled and those who can ill afford any further expenditure after being made bankrupt.”

She added that the matter was so serious it must be raised in discussions with a view to making amendments to the coming Bankruptcy Bill, proposed by the SNP to be brought before the Scottish Parliament at a later date.

After Mr Gordon’s plight became public, Diary of Injustice received numerous emails from individuals caught in similar circumstances where agents acting for the AIB have also blocked access to state benefits payments, in what appears to be a popular policy of holding the poorest in society to ransom, in an effort to extort unnecessary payments back to the AIB’s agents who are already raking in millions of pounds of taxpayers money.

No one from the Accountant in Bankruptcy has answered or explained why it has not acted over complaints about bully boy tactics by its own agents in cases where bank accounts and state benefits payments to victims of disabilities have been frozen for such long periods of time.

If you have encountered difficulties with the Accountant in Bankruptcy or their agents, please let us know via scottishlawreporters@gmail.com. Anyone in such a situation should also ask for help from their MSP, in the light of the planned new legislation on bankruptcies in the Scottish Parliament.

Solicitors regulator blamed for failure to use powers on fees as accountants seize Disability benefits to pay Perth law firm for collapsed court case

Jane Irvine, SLCC Chair : £300 a day for some, benefits seized to pay lawyers for others as regulator accused of failure to clip disputed fees. PERSISTENT FAILURES at the Scottish Legal Complaints Commission (SLCC) including A RELUCTANCE to use key powers which enable the ‘independent’ regulator of Scottish lawyers to reduce or even nullify fees of solicitors who ruin their clients legal interests are being blamed for the predicament of a Mr William Gordon of Perth, who has now been made bankrupt by Perth based law firm Kippen Campbell, over demands he must pay fees for a case which collapsed because his lawyers withdrew from acting for him.

Mr Gordon’s plight comes as a result of a series of bitter, ‘one sided’ court actions held in Perth Sheriff Court, where agents acting for Kippen Campbell demanded Mr Gordon be sequestrated to pay fees they claimed were due to them for legal services provided for a medical damages claim being heard in the Court of Session. However, documents obtained by Diary of Injustice in connection with complaints made to regulators show the Perth law firm walked away from Mr Gordon’s case after he made complaints about their service & conduct to the Scottish Legal Complaints Commission, who typically, backed the law firm despite considerable allegations of service failures provided by Mr Gordon to the SLCC.

Diary of Injustice has previously reported on Mr Gordon’s case, here : Personal injury client dropped by Perth based solicitors Kippen Campbell ‘being hounded’ by court attempts to recover disputed fees

Earlier this week, it was reported by the media that Glasgow based accountants Wylie & Bisset, who are now pursuing Mr Gordon, attempted to seize his home (even though he does not own it) and the home of another family to pay back the Perth law firm for debts the law firm claims were incurred on Mr Gordon’s damages claim in the Court of Session, now ruined because he is unable to obtain any further legal representation.

Scottish Law Reporter quoted an article from the Herald newspaper, and further reported HERE : 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.”

Accountant in Bankruptcy, Scotland’s insolvency service with added errors. The Accountant in Bankruptcy was asked by Diary of Injustice to explain why their agents, Wylie & Bisset attempted to seize Mr Gordon’s rented property and that of another family. However, a spokesperson for the AIB explained away the attempted property grab as “errors”, telling Diary of Injustice yesterday : “As previously advised, Wylie & Bisset are one of AiB’s Insolvency Service providers and are required to administer cases in accordance with our processes. The administration of sequestrations is a complex task where a range of information is obtained from various sources.  During this process, it is possible for errors to occur, though the Accountant in Bankruptcy is satisfied that our providers give a consistently high standard of service when acting on our behalf.  Where errors are discovered, our providers are required to review their processes and make necessary changes to ensure that similar errors are not repeated.  In cases where individuals have been negatively affected by an administrative error, our providers will attempt to rectify the issue as soon as possible and where appropriate, will write to apologise for any inconvenience caused."

Further enquiries by Diary of Injustice have now established Wylie & Bisset, acting on behalf of the AIB have also frozen Mr Gordon’s Lloyds TSB bank account and seized his disability benefits payments, leaving him without any cash to live on whatsoever. Documents & copies of communications between the bank & Mr Gordon appear to show the bank simply froze Mr Gordon’s account on a telephone call ‘say so’ from Wylie & Bisset.

This information was put to the Accountant in Bankruptcy, who attempted to explain away the seizure of Mr Gordon’s benefits by claiming they had no idea what the source of payments into bank accounts were.

A spokesperson for the AIB claimed : “Where a trustee discovers that the debtor has a bank account, they may contact the bank to have the account frozen.  This action may be appropriate to prevent the debtor from inappropriately withdrawing funds after the award of sequestration. Where an account has been frozen, it is the responsibility of the debtor to contact the trustee to make representations around the money held in the account. This is particularly important where the debtor is reliant on state benefits that are paid directly into a bank account, as the trustee is unlikely to be aware of the origin of the money held in the account. This scenario can be avoided if the debtor co-operates fully with the trustee and provides information on their income and savings."

However, a senior official from one of Scotland’s Consumer organisations speaking to Diary of Injustice this morning rubbished the AIB’s claims of ignorance, and pointed out it was against the law to seize state benefits under section 187 of the Social Security Administration Act 1992 which clearly states “On the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.”

She described the AIB’s actions as : “An attempt to starve out Mr Gordon to pay off his lawyers.”

The official went onto inform Diary of Injustice that her organisation has received numerous reports of law firms threatening clients with bankruptcy if they did not pay what appear to be dubious demands for fees. In other cases, law firms have simply gone ahead and made their clients bankrupt without even giving them a chance to question the legitimacy of the fees claimed to be owed.

Speaking to Diary of Injustice late last night, a senior source in the Scottish Government acknowledged there is a growing problem with law firms threatening clients over legal fees, an issue which has also been brought to the attention of some msps.

He went on to say he believed law firms were using their influence in local courts to easily obtain bankruptcy orders against clients who have little or no chance of obtaining legal representation to challenge the law firms demands.

Meanwhile Mr Gordon is running short of cash while the Accountant in Bankruptcy and their agents run up large charges to the taxpayer in the course of pursuing a client who has no access to justice to challenge what has been done to him, in the name of paying a firm of lawyers based in Perth. Mr Gordon is without legal representation and his doctor has told Perth Sheriff Court on numerous occasions his patient is too unwell to attend court hearings.

The unavoidable conclusion is Mr Gordon’s predicament could easily have been avoided if the Scottish Legal Complaints Commission had listened to him during the course of his complaint, and at the very least, reduced or nullified the fees of a law firm who walked away from their client when he discovered his case was not being pursued as he had instructed.

Diary of Injustice has previously reported how Ms Sally McCartney, the partner at Perth based Kippen Cambpell who dealt with Mr Gordon’s case, wrote letters to the Scottish Parliament CAMPAIGNING AGAINST independent regulation of the legal profession, also ARGUING AGAINST plans to increase compensation to clients of lawyers who had provided poor services, reported here : Scottish Parliament documents reveal Perth law firm in complaint fees case campaigned against Holyrood clean-up of regulation of lawyers