WITHOUT PREJUDICE- This article is highly recommended to people who already work or intend to work with Trident Trust company in Isle of Man. Trident Trust is managed by a gang of incompetent and dishonest people.
Trident Trust company in Isle of Man law suit and cover ups (1)
Trident Trust company in Isle of Man law suit and cover ups (1)
Trident Trust company provided services for my company for many years until they made a mess in my affairs, as a result of which I sued them. As explained below they lied and cheated and could get away with it because that is the way things take place in IOM.
Mr. Selwyn Haas (managing director in Jersey) Mr. David Bester ( managing director in IOM), Mr. Barry Short ( tax advisor), Mr. Gordon Mundy (managing director), Mrs. Heather Kent ( manager) are a gang of rough, nasty and shady people whom i wouldnot recommend to my worse enemy.
They are nothing more than common thugs- not to say crooks.💩
Stay away from these dangerous people for your own good. I lost 6 years of my life and a lot of money because of them.
Pls see below how they made a mess in my affairs, tried to cover up by changing the accounts of my company and making fake
Mr. Selwyn Haas (managing director in Jersey) Mr. David Bester ( managing director in IOM), Mr. Barry Short ( tax advisor), Mr. Gordon Mundy (managing director), Mrs. Heather Kent ( manager) are a gang of rough, nasty and shady people whom i wouldnot recommend to my worse enemy.
They are nothing more than common thugs- not to say crooks.💩
Stay away from these dangerous people for your own good. I lost 6 years of my life and a lot of money because of them.
Pls see below how they made a mess in my affairs, tried to cover up by changing the accounts of my company and making fake
Events:
In April 2008 I decided to do a certain transaction to reduce my tax liability. The transaction was to liquidate my company and transfer the assets of the company to my own name by a deadline on 5 April 2008. I put my accountant in charge of the transaction and called Trident Trust to instruct them to provide the accounts of my company to him.
When i called Trident Trust, as nobody was available I had to talk to an employee called Mrs. Anne-Marie Mc Carthy who had a habit of being confused and forgetful. I believed that she was an idiot so I tried to be as precise and short on the phone as possible. I told her to provide the accounts of my company to my accountant. When my accountant checked the accounts of my company he found an unexpected issue which made the transaction costly. So I decided to drop the transaction and do it at a a later date.
A month later I called Mr. Gordon Mundy managing director at Trident Trust and asked him if it was possible to do the transaction at a later date without involving the accountant. Mr. Mundy said it was possible to do so and sent me an email to confirm it. The same day before talking to Mr. Mundy I had a quick chat with Miss Mc Carthy over the phone. She enquired about the transaction, i explained that I had not gone through with it as it would have been costly. That was the end of it.
Six months later, I received an email from Miss Mc Carthy which stated that they had tried to stop the transaction but I had to pay £6000 to restore the company. I was very surprised as i had not ordered them to do the transaction. I called them to find out what had happened. Mrs. Heather kent manager at Trident Trust, liar no. 3 looked into the case and wrote me an email in which she explained that back in April 2008, i had called Mrs. Mc Carthy to order the transaction and she had made a telephone-note and followed my instructions. However the transaction had not gone through as they did not have a resolution of the directors of the company.She also forwarded me a series of emails exchanged between my accountant and Miss Mc Carthy. In vain I tried to make her understand that Mrs. Mc Carthy had misunderstood me on the phone, she was adamant that i had ordered the transaction and they had followed my instructions.
So in Nov 2008 i wrote a detailed complaint letter to Trident Trust and explained the situation and asked them to cover the expenses of the restoration of my company. As i received no reply to my complaint letter i called them six weeks later and talked to a Mr. Edwards, the head of the complaint department. Mr. Edwards was surprised that i had not received his reply. He explained that he had recommended me highly and they would pay the costs of the restoration of the company. A week later i received a letter from Mr. Mundy the managing director, liar no. 2 in which he said nothing about the restoration of the company. I called him to see what was going on. He told me that they had a telephone-note which stated that I had ordered the transaction and they would not cover the costs and hang up on me.
I understood that although they knew that Mrs. Mc Carthy had misunderstood me they did not want to pay for it. I asked them several times to send me the complaint Department's reply to my complaint letter, but they told me that I had already received it. I knew they were lying. So I complained to their regulator FSC in Isle of Man. As a result of this complaint a couple of months later I received a phone call from Mr. David Bester, liar no. 1, the managing director of Trident Trust company in Isle of Man. He invited me to a meeting to discuss our problem.
In April 2009,or a year after the events i went to a meeting on Isle of Man . Mr. David Bester managaing director of Trident, Mrs Heather Kent the manager and Mr. Barry Short tax adviser at Trident Trust were present.
During this meeting Mrs. Heather kent handed me the resolution of the directors of the company. i was surprised because previously she had written me that the transaction had not gone through because they did not have the resolution. I reminded Mrs. Kent her own email, she said that did not count! I understood immediately that they had made the resolution in order to pretend that they had the proper paperwork. But if they had the resolution why the transaction did not go through? I didn't get an explanation.
Mr. Barry Short, liar no. 4 explained me my tax situation. But subsequently 3 years later I found out that his analysis of my tax situation had been wrong. Had he analyzed the situation correctly I would not have sued Trident Trust.
Mr. David Bester said they they would not cover the cost of the restoration of my company as Mrs. Mc Carthy's telephone-note stated that i had ordered them to do the transaction. In vain i told them that I had NOT ordered the transaction because of the 'unexpected issue' in the accounts. He said that he would look into the accounts of my company.
I was amused because the whole meeting was like a farce. I could see that Mr. Bester had prepared the meeting like a director of a play. The meeting was like a poor rehearsal as they were all very poor actors. Mr. Bester was rude and shouted and insulted the 2 other people as if they were his slaves. What amused me most was that i could see that they were all very tense and scared of me!
I felt bullied and insulted because they took me for some stupid foreigner who could be manipulated. I knew that they knew that Mrs. Mc Carthy had made a mistake but it was in their interest to use her telephone-note and tell me that i had ordered the transaction myself so they would not pay for it. But I could do nothing, so i went home and thought i will show them how stupid I am.
A week later after having checked the accounts of my company Mr. David Bester got back to me. 'The unexpected issue in the accounts' was in fact a loan. Back in April 2008, when my accountant had checked the accounts of my company he had found a' loan' which made the transaction costly and that was the reason that I had decided to drop the transaction. Mr. Bester explained to me that in fact the 'loan' in the accounts was just a method of bookkeeping- and it was not a 'real loan'. Therefore back in April 2008, they could have restated the accounts and i could have done the transaction without extra costs. I was furious because i realized that the transaction could have been done, but as a result of the loan(which was not a real loan) I had 'lost the chance' to do it by the deadline. The 'loss of chance' to do the transaction by the deadline had in fact increased my tax liability.
When I re-read the emails exchanged between Miss Mc Carthy and my accountant, I saw that the accountant had brought the loan to her attention, but Miss. Mc Carthy had dismissed his enquiry by saying that they not tax advisers. This was one stupid answer. Did she think that an accountant was asking her tax advise? In fact she should have told my accountant that the loan was a method of bookkeeping and the accounts could have been restated. As such not only Mrs. Mc Carthy had misunderstood my instructions and ordered the transaction by mistake, she had also failed to provide proper and sufficient information regarding the accounts to my accountant as a result of which i had lost the chance to reduce my tax liability.That was one big mess.
Subsequently as my problems with Trident Trust could not be resolved, they resigned. Two months later in June 2009, when I found new service providers Trident delivered the accounts and other documents of my company to them. Trident made this transition period as difficult as possible. Furthermore my new service providers found that the accounts of company had been wrong as they showed a 'nil balance', so the accounts had to be corrected at my expenses. Our dispute went on and on and until in October 2011 i sued them in the High Courts of Justice of Isle of Man.
I made 3 claims against Trident Trust:
1) liquidation of my company by mistake
2) loss of a chance
3) wrong accounts provided to my new service providers.
I claimed that they pay all the costs.
I was a litigant in person. I thought the case was very simple and I prepared it myself. I wrote all the documents, put my case, etc...However 3 weeks before the trial I decided to appoint an advocate to present my case to the court. The reason was that one advocate had told me that litigant in persons never won over there and English was not my native language.
I decided to appoint Mr. Christopher Webb previously at Quinn Legal advocates and currently at Gough advocates to present my case to the court.That was by far the worse decision that I have ever made in my life, as I lost my case because Mr. Webb decided to use his 'discretion'.
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Trident Trust company in Isle of Man law suit and cover ups (2)
I sued Trident Trust company in the High Courts of justice of Isle of Man for mismanagement of my company. They lied and cheated and could get away with it as my advocate Mr. Christopher Webb previously at Quinn Legal Advocates and currently at Gaugh Advocates IOM decided to use his discretion, threw out all my evidence and lost my case.
As explained above I made 3 claims against Trident Trust company:
1) Liquidation of my company by mistake
2) Loss of a chance
3) providing wrong accounts to my new service providers.
Initially i was a litigant in person. I had put my case as follows:
1) Claim 1: liquidation of my company:
Evidence:
Pls see below my evidence which proved that Miss Mc Carthy had misunderstood me, therefore the telephone-note was based upon her misunderstanding:
- 1) A series of emails between myself and Miss Mc Carthy which proved that she was confused, forgetful and i did not trust her and thought she was an idiot. The point was to show that i would no have given such a person an important order.
- 2) A series of emails between myself and the accountant which proved that although initially I had the intention to do the transaction subsequently due to the unexpected issue in the accounts I did not do it.In one email I had written "I understand that i have to wait a while before liquidate my company"
- 3) One month after I cancelled the transaction I had called Mr. Gordon Mundy managing director at Trident Trust company Isle of Man to ask if it was possible to liquidate the company some time in the future without involving accountants. He had written me an email which confirmed this tel-conversation. The point was that if i had ordered the transaction why would i call Trident and ask him to do it sometime in the future.
- 4) When i had called Mr. Mundy, i also talked to Miss Mc Carthy. She asked me about the transaction and I told her that i had dropped it. Six months after this tel conversation she wrote me an email in which she stated that They had tried to stop the liquidation but I had to pay£6000 to restore the company. The point was why had she tried to stop the liquidation if i had ordered it? Obviously because after our 2nd tel conversation she had realized that she had made a mistake and had tried to stop the liquidation.
- 5) An email written by Mrs. Heather Kent director at Trident Trust company in which she stated that the liquidation had not gone through because they did not have a resolution of the directors of the company. However 6 months later, she handed me the resolution during a meeting. The point was how could she hand me the resolution 6 months after she had told me that they didn't have it.Obviously because she wrote it to cover up their misunderstanding.
- 6) Mr. Edwards, the head of the complaint department's reply to my complaint letter in which he had accepted to pay the costs. As the head of the complaint department he had surely looked into the case and realized that the paperwork was not there. But subsequently this reply had disappeared and trident refused to disclose it. The point was that Trident Trust knew that they had made a mistake, but covered it up.
- Through all these documents, i wanted to show the court that the liquidation was a misunderstanding and Trident Trust had tried to cover it up because they did not want to pay the costs of the restoration.
2) Loss of a chance:
A number of emails exchanged between the accountant and Miss Mc Carthy showed that, the accountant brought the unexpected issue or the loan to her attention but she dismissed their enquiry by saying that they were not tax advisers. Had she looked into the accounts and answered the accountant properly, I could have done the transaction and woulod not have lost a chance.
'Loss of a chance' is a head of claim. The law permitted me to claim the loss which i had lost the chance to save-although there was no actual loss. Loosing the chance to save money is exactly like loosing the money itself.
The emails were there and I wanted to show the court how I had lost the chance to do the transaction, as Mrs. Mc Carthy had not provided sufficient information to my accountant. As such Trident Trust was liable.
3) Wrong accounts
As my dispute with Trident Trust could not be resolved they resigned and delivered the accounts of my company to my new service providers. The accounts proved to be wrong as they showed a 'nil balance' and my new service provider had to correct them at my expenses.
I had put my case and i was very confident, but one advocate at Gaugh Advocates in Isle of Man told me that litigant in persons never won there, no matter how good they were. For that reason and also because English was not my native language 3 weeks before the trial I decided to appoint an advocate to represent me during the trial. Gaugh Advocates recommended me Mr.Christopher Webb at Quinn Legal.
I gave all the documentation and evidence to Mr. Webb and told him to show my case exactly as i had put it, as if the judge knew nothing. However during the trial Mr. Webb threw out all my evidence, mumbled and jumbled and lost my case.
* Trident Trust company's trial
During the trial Mr. Webb made Miss Mc Carthy look like Einstein. The way he conducted my case was appalling.
First of all i had witness summoned and paid Trident Trust's tax adviser Mr. Barry Short to explain all the tax issues for the court. Mr. Webb dismissed him without asking him any questions. He did not use any other mechanism to show the tax issues to the court.
1) As for claim 1 or liquidation of my company, he threw out ALL my evidence and only put Trident's evidence which was the telephone-note to the witnesses over and over again and got them to say over and over again that I had ordered the liquidation. That's all the court heard about my claim 1.
Mr. Webb did not even bother to show my email to my accountant in which I had stated "I understand that i have to wait a while before i order the liquidation of my company".
2) As for claim 2, or loss of a chance he said nothing. The idiot had not understood that 'loss of a chance' was a head of a claim. Before the triaI he told me that this claim was problematic because I had suffered no actual loss. I sent him an article from Wikipedia which explained the loss of a chance claim. However he explained nothing to the court.
Upon my insistence he put the key emails to Miss Mc Carthy. She started explaining but he interrupted her and did not follow up this line of questions.
3) As for claim 3: He did not say a word about wrong accounts.
- As for Mr. Edward's reply to my complaint letter, Mr. Webb himself answered for Trident by saying that Mr. Edwards's reply was only a draft and Trident did not have to send it to me!
- As for the witnesses:
. Miss Mc Carthy had been coached to say ; "I don't remember" to everything. Ther only thing which she said was that i had ordered the liquidation on the phone. but how would she know that she had misunderstood me?
. Mr. Bester, the managing director of Trident Trust or the head liar seemed scared at the beginning, but very quickly he realized that Mr. Webb was totally off, so he took advantage of Mr. Webb's incompetence and started shouting like a truck driver, never answered Mr. Webb's questions and said all the nonsense that he wanted to say. He lied and never made sense.
I got so sick by the way that Mr. Webb conducted my case, that i had to leave the court room. I got hysterical and could not go back. Mr. Webb followed me outside. I wanted to kick and slap that idiot. The only reason that i didn't do it was that we were in front of the courts of Justice and I thought i might get arrested for assault then and there.
So i was not in the court room until the end of the hearing. Later in the Transcript of the hearing i saw that:
. Regarding the wrong accounts, Mr. Bester had explained that the accounts delivered to my service providers had to show 'nil balance' because whenever a company got liquidated, its accounts had to show nil balance. That was true. But why did the accounts show a loan in April 2009 but when they were delivered to my new service providers in June 2009 they showed nil balance.?
Did the accounts change themselves, or somebody had changed them? If Trident had changed them, why did they do that? Mr. Webb asked nothing.
. On the first day of the trial the Deemster His Honour Corlett asked to see the resolution of the directors. They were not in the bundle and Trident provided them at the end of the second day of the trial. After the trial when i checked the resolution paperwork I noticed that they were in a mess. In fact there were 2 sets. There was one incomplete set dated 2008- this was the set that Mrs. Kent had made specially for me. Then there was a second set undated-Why? Mr. Webb did not notice it and asked no explanation.
Naturally with the way Mr. Webb presented my case, I lost my case.
The Judgement of His Honour Corlett in the High Court of Justice of Isle of Man, showed that His Honour who had not read all the documentation had misunderstood practically the whole case- No wonder...
1) As for claim 1 liquidation of my company: His Honour thought the conflict of evidence was the telephone-note. But the tel-note had not been the conflict of evidence at all because it had been based on Miss Mc Carthy's misunderstanding. The court should have looked at everything in context and examined what 'i had done and could have said' and that could have been done by examining my work with the accountant through the evidence which i had prepared. But Mr Webb threw out all my evidence and showed only Trident's evidence.
Thanks to Mr.Webb, His Honour decided that i had ordered the liquidation, because he did not see my evidence at all.
2) As for Claim 2 or loss of a chance: His Honour did not understand the loss of a chance, because Mr. Webb dismissed Mr Short and said nothing about it. His Honour quite rightly said that the court had not been given assistance about this matter and i lost this claim as well.
3) As for claim 3: His Honour found that the accounts should have shown 'nil balance'. So I lost this claim as well.
Basically I lost my case, because Mr Webb threw out all my evidence before His Honour had the opportunity to examine it. He did not ask relevant questions, answered for Trident, let them say whatever they wanted...a total mess. I decided to sue Mr. Webb. However i thought this time i represent myself.
Mr. Webb charged me £18000 for 2 days of work and making a mess in my case. Trident Trust's advocate who had worked 6 months on the case and written all the documents charged me much less than that. I wrote Mr. Webb an email and brought all the inaccuracies in the judgement to his attention and asked a refund. He never answered me.
M. Do you need any clarifications? (Pls make a note that all these explanations are the basis of my book)
If not i start a new thread about Mr. Webb's trial.
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I sued Christopher Webb, previously at Quinn Legal advocates IOM and currently at Gaugh advocates IOM for negligence.
My strategy was precisely to show the court that Mr. Webb had not explained my documentary evidence properly. He had failed to show the court that Trident Trust had lied and that the lie was material and it would have affected the result of the hearing.
In my opening submissions I told the court that Mr. Webb failed to show the full picture to the court. As such the previous court had made a decision without hearing everything.
During the cross-examination I showed many points to the court which Mr. Webb had not shown to the other court.
Then during the closing submissions I put together all those points and explained to the court how Trident had lied and cheated. In other words I put together all the holes in Trident's evidence and came up with one obvious straightforward lie!
my strategy:
I showed the court that back in April 2008, Miss Mc carthy had made 2 mistakes:
1) she ordered the liquidation of my company by mistake,
2)And as she was confused, she did not do the relevant paperwork properly at Trident's.
- Relevant paperwork: According to Trident, when you want to liquidate a company you should:
. appoint a liquidator who is responsible for accounts and assets. My liquidator was Mr. Mundy
. directors of the company should sign a resolution.
I showed the court that all the holes in Trident's evidence proved that Miss Mc carthy did not have a liquidator appointed and no resolution was signed.
Therefore the liquidation did not go through and Trident had to cover up this mistake stage by stage with a new lie.
Evidence:
- 1) when I had called Mr. Gordon Mundy managing director at Trident Trust company Isle of Man to ask if it was possible to liquidate the company some time in the future, he did not tell me that. Why not?
Obviously because at that stage he had not been appointed liquidator yet. he was appointed liquidator much later in order to cover up.
- 2) Six months after supposedly I had ordered the liquidation, Miss mc carthy wrote to me and said that she had stopped the liquidation. Why did she stop the liq if i had ordered it?
Obviously because during a tel conversation she asked me about the liquidation and I told her that i had dropped it. she had realized that she had made a mistake and had tried to stop the liquidation.
- 3) Mrs. Heather Kent director at Trident Trust company told me that the liquidation had not gone through because they did not have a resolution of the directors of the company.
However 6 months later, she handed me the resolution during a meeting. How could she hand me the resolution 6 months after she had told me that they didn't have it? Obviously because she wrote it to cover up their misunderstanding.
- 4) Mr. Edwards, the head of the complaint department replied to my complaint letter and accepted to pay the costs. Subsequently the reply disappeared and Trident refused to disclose it.
Mr. E. had surely looked into the case and realized that the paperwork was not there. The one and only honest man at Trident's accepted to pay for their mistake, but Mr. Mundy did not want to pay so the reply disappeared and Trident decided to cover up.
-5) Trident resigned and delivered the accounts of my company to my new service providers. The accounts proved to be wrong as they showed a 'nil balance' and my new service provider had to correct them at my expenses.
The point is that during the dispute my accounts showed a loan. But when the accounts were delivered to my new service providers they showed nil balance. How could that be possible?
Obviously because they changed the accounts before delivering them to the new service provider in order to pretend that the company had been put in liquidation.
-6) On the first day of the trial the Deemster His Honour Corlett asked to see the resolution of the directors. They were not in the bundle and Trident provided them at the end of the second day of the trial.
After the trial when i checked the resolution paperwork I noticed that they were in a mess. In fact there were 2 sets. There was one incomplete set dated 2008- this was the set that Mrs. Kent had made specially for me. Then there was a second set undated-Why?
Obviously because on the second day of trial, Trident had to make a new fresh set of resolution papers specially for his Honour
When you put all the holes together it made one straight line of lies!
I had explained it all in my statements, but the idiot threw out all my evidence and did not explain any of this to the court.
Bits and pieces of evidence were shown to the court out of context and without proper explanation.
Mr. Bester actually lied while he gave evidence regarding he accounts and Trident made new resolution papers specially for His Honour.
So i showed the court that Trident had been dishonest but thx to my idiot advocate they could get away with it.
Pls see my blog: Quinn Legal advocates at Isle of Man proceedings and cover up
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