Ex Vet needs help quick!

[nemesis45]

Re: Ex Vet needs help quick!

Hi Kati,

I have managed to get a set aside hearing on the 3rd Dec for my mother, what i find strange now is that last night I was served with a notice to show means were the solicitors acting for the bank have now got their sites back on me, this may have something to do with me asking for proof that my mother had any borrowings from the bank....they still have not produced any evidence to date, as their is none to produce. In 2008 the solicitors took my name off the court documents, well I am assuming this as I went online to the EJO site paid £8 to view the case and it was only my mothers name that came up ( this was approx 4 months ago). They have not been in contact with me from 2008 but what I find disturbing is that they say in the summons that I failed to reply to the first summons, now I can assure you I did not receive any 1st summons. As far as i am concerned they had no contact with me from 2008, up until 2008 I was named along with my father and mother, after this date my name was dropped off any papers. This should be statue barred, now I firstly tried this defence for my mother and the EJO came back stating that it was 3 weeks short of being statue barred, so why did the bank wait so long...I don't know. Can I put it out to you guys for advice please, I attempted to contact a solicitor who works in this area but he wanted £2500 on account first and more if we had to take it back to the high court. I hope this makes some sense, to put things into perspective this has been going on since 2003 when we first contested any charges/debt from the bank.

Coming to this thread rather late I know I've seen this action against others in the past veterans (always never EX!!) and others caught by the convoluted enforcement methods in NI.

The alleged debt was your fathers and was with Ulster Bank was there anything legally to link your mother or you ( other than obvious family ties) e.g. being a 2nd card holder/signatory on any account (s)?

Have you carefully checked the EJO's statement that the alleged debt is not/was not statute barred at the tine the action was issued? 3 weeks away from SB makes me suspicious.

nem

- - - Updated - - -

@nemesis45 ... any advice??

Replied [MENTION=49370]Kati[/MENTION] ~~
nem

[sapper248]

Re: Ex Vet needs help quick!

Point Taken Nem...I am a Vet, bad grammar. This is a case that has been full of dirty tricks by the bank and their solicitors. The business was mine as a sole trader, my father was a co signature for the cheques and down as an employee in the business. We had been fighting this since 2003 when we had a loan that I took insurance out on, I became ill and had to take time off work, went to claim on the insurance and the bank credit my account with 18 months premiums and rang me to say I should not have been sold the insurance and I was unable to claim. This led to a falling out and the bank combined the balance of the loan along with the O/D and continued to ignore our concerns. They issued a SD and tried to make my father and I bankrupt, I got a solicitor to write to them and he used something called rule 6.004 of the insolvency rules, no further action was taken from this date 29/09/09. Out of the blue my mother and father get a letter from the EJO stated that they need to appear to show means, I had been taken off the papers and my mother and father left on, I wrote to the EJO stating the statue of limitations act, the EJO came back and said they cannot accept this as I have missed the deadline by 3 weeks, he did admit to me on the phone that it was very unusual for solicitors to wait this long to take action but did say technically they were within their rights to do so. I disagree due to the fact that we stopped paying the loan in 2003. The EJO has on Friday past served me with a conditional order for issue of warrant of arrest, to appear at my local court to show means. I have been in contact with the EJO on several occasions rep my mother the case number is different from my mothers by 2 digits. They (the banks solicitors)have messed and confused this whole issue, they think they can roll all the money into one and add £13000 interest on. Would you recommend that I get a stay and go back to court, defend myself as I know the case history? Or give into them and show means, it is unenforceable due to the fact that I work 2 days a week and live off my army pension. This is a battle I want to win but my lack of knowledge could be my downfall.

[sapper248]

Re: Ex Vet needs help quick!

I will also get the EJO papers and double check the dates, it does seem rather sus

[nemesis45]

Re: Ex Vet needs help quick!

Hello Sapper.
Sound as if you have no means but you must attend for questioning we don't wan you being arrested!!
Have you prepared and Income and Expenditure Statement?
From what I know of the NI Courts getting a stay at this stage is not going to be easy to say the least.
I think lack of means is the way forward now.

nem

[sapper248]

Re: Ex Vet needs help quick!

Understood Nem, I have no idea in how to prepare income and expenditure, is there a form I can download.

[nemesis45]

Re: Ex Vet needs help quick!

Understood Nem, I have no idea in how to prepare income and expenditure, is there a form I can download.

I'm not sure if there is one but I'll ask a member of the site team who is very knowledgeable on this.
Bump for [MENTION=49370]Kati[/MENTION]

Nem

[Kati]

Re: Ex Vet needs help quick!

Bump for @Kati

Got it Nem xx
[MENTION=72921]sapper248[/MENTION] I'm not sure that we have an I&E sheet on LB, but stepchange has a good guide (http://www.stepchange.org/Debtinform...Budgeting.aspx) and CAB has a basic template (see attachment)

[nemesis45]

Re: Ex Vet needs help quick!

Got it Nem xx
@sapper248 I'm not sure that we have an I&E sheet on LB, but stepchange has a good guide (http://www.stepchange.org/Debtinform...Budgeting.aspx) and CAB has a basic template (see attachment)

Thank you Kati!!

nem

[sapper248]

Re: Ex Vet needs help quick!

Thank you Nem and Kati, you give me the confidence to take the fight to them, more than one way to win the battle. V much appreciated!

[nemesis45]

Re: Ex Vet needs help quick!

Thank you Nem and Kati, you give me the confidence to take the fight to them, more than one way to win the battle. V much appreciated!

You are very welcome Sapper !!
I to am a vet.

nem

[sapper248]

Re: Ex Vet needs help quick!

Family looks after family, I will keep you posted, I have to appear in front of the master of the court 1st Dec.

[nemesis45]

Re: Ex Vet needs help quick!

Family looks after family, I will keep you posted, I have to appear in front of the master of the court 1st Dec.

Please do!!

nem