Information pertaining to Mr George Lafferty of Leonard Curtis Recovery Limited 2018: FOI release

Information requested

Information regarding complaints received by the Accountant in Bankruptcy about George Lafferty at 180 Advisory Solutions Ltd and Leonard Curtis Recovery Ltd. Particularly:

1. How many complaints were received by the Accountant In Bankruptcy [AiB] in relation to Mr George Lafferty and how many were rejected/upheld/ongoing since the Freedom of Information Request of March 2020 (FOI/202000020350)?
2. How many complaints were lodged with the AiB about 180 Advisory Solutions Limited and Leonard Curtis Recovery Limited 2018 and how many were upheld and how many remain in progress since the Freedom of Information Request of March 2020 (FOI/202000020350)?
3. Out of the complaints made against Mr Lafferty and or 180 Advisory Solutions Limited and or Leonard Curtis Recovery 2018 that were upheld, what were the penalties or further action sanctioned or requested by AiB since the Freedom of Information Request of March 2020 (FOI/202000020350)?
4. Of all complaints about Mr George Lafferty and or 180 Advisory Solutions Limited and or Leonard Curtis Recovery 2018, how many related to excessive costs pertaining to the Insolvency Practitioner Fees and incurred costs from 1 March 2017 until 1 December 2022.

Response

I have provided most of the information you requested.

Question 1

From 18 March 2020 to date, eight complaints have been received in relation to George Lafferty over three cases. One was partially upheld, one withdrawn, six not upheld and none are ongoing.

Question 2

AiB does not have the information you have asked for because The Accountant in Bankruptcy’s statutory obligations under section 200 of the Bankruptcy (Scotland) Act 2016 are in respect of an appointed trustee only. As the position of trustee is a personal appointment a trustee’s company is not recorded when registering a complaint.

This is a formal notice under section 17(1) of FOISA that the Accountant in Bankruptcy does not have the information you have requested

Question 3

From 18 March 2020 to date, one complaint received about George Lafferty, as trustee, was partially upheld.

No penalties, or further action, was sanctioned or requested by AiB.

Question 4

From 1 March 2017 to date, one complaint received partially related to the trustee’s fees and outlays.

It may be helpful to explain that the Accountant has a statutory obligation to issue a determination fixing the amount of outlays and remuneration payable to a trustee, within 6 weeks of the end of an accounting period. In fixing such remuneration, the Accountant’s staff will give consideration to the work reasonably undertaken by the trustee and to the extent of the trustee’s responsibilities in administrating the estate.

The debtor (if they can satisfy the sheriff that they have a pecuniary interest) and the creditors have the right of appeal against any determination issued by AiB. Any applications to appeal should be submitted to the appropriate sheriff court within 8 weeks of the end of the accounting period.

Section 133 of the Bankruptcy (Scotland) Act 2016 refers.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.