Hubby finally recieved the details requested in the SAR. I'm ploughing through them and am shocked to see they have painstakingly blacked out all reference to me apart from one entire file, which details their debt collecting activities on an account he isn't named on - it's in my name (although that's a cock up as it should be solely in his name but the bank keep denying it so I am ignoring all their efforts) There are also the most rediculous valuations of our property - up to £250k at one point. In March 2007, less than one month after the OR had valued the house for his BR, the bank have valued it as just over £60k more somehow, apparently in a drive by valuation. If that was the case the OR would have taken the house from us or forced me to try and buy his share of the equity. They've got a number of references to us being partners, yet other notes where he has corrected them and they have noted he is not in partnership with me but is a sole trader. We have 2 big file boxes to work through and just about half way through one so far.

sorry this isn't clear is it, the meds I'm on are making me forgetful. They didn't pay the fee to the court and wanted the claim to be left as stayed, we wanted to get it reopened so we could counterclaim.

their claim was dismissed and we weren't able to bring in our defence as Judge said March 2003 was the date the timescale for us bringing action came from.

There isn't a judgment. All is very quiet on the GE side and I'm hoping it stays that way for a while whilst the next step is put into place.

I lost my log in...oops! We lost in court, the judge ruled that we were out of time as she said the date the clock started ticking was in March 2003, which is totally bizarre as we hadn't even completed on the house then, let alone contacted anyone regarding building the conservatory. Work has been going on behind the scenes and I am keeping this close to my chest as I don't know who is reading this thread. But I can say all isn't over just yet and my legal team are working hard on a different approach. In the meantime, we now have cracks in all the brickwork, can see daylight round the door when it's shut and one window doesn't open or close now. The step is now a pile of bricks and sand and I use it as a junk room and laundry room - oh and a dog kennel

Can this thread please get moved to business banking as I think, from the lack of replies, it's perhaps in the wrong place

The banking code of practice why you want to borrow the money; He didn't, my husband was told it was the only option • your business plan and accounts; The business was closed • your business’s cash flow, profitability and existing financial commitments; As above • any personal financial commitments which may affect the business; as above • how you have handled your finances in the past; Fine on our personal account - not so good on the business when the recession hit, it was 'robbing Peter to pay Paul' • information held by credit reference agencies (CRAs) and, with your permission, others, such as other lenders and your landlord (if this is relevant); CCJ's from suppliers were being awarded weekly at that time • credit-assessment techniques, such as credit scoring; and His credit score at that time was 1 out of 5 • any security provided. We had no equity in the house, as confirmed by the OR on 9th Feb. They are also supposed to ensure affordability. How is is affordable for me to pay £620 a month on top of the mortgage of £590 when I'm only taking home £1100 a month?

What happened was my husband lost his business and had no alternative but to declare bankrupt. His business manager was aware of this in January 2009. The bank told him they would take the house if he didn't secure the loan on the property. The bank were fully aware we were in negative equity. Their 'valuation' would have given us £60,000 equity. I was not involved in any of the initial conversations with the bank but I was able to see the damage it was doing to my husband. He is a traditional 'man is the breadwinner' type and had used his entire gratuity after coming out the military to try and ensure a future for us. I would like to point out I was not involved with my husbands business, he was a sole trader and I was in fulltime employment. The paperwork was posted to us. The loan is described as a 'managed loan', it was only recently during a conversation with the bank that we were told it was a flexible business loan. The bank have myself and my husband down as a partnership, despite the fact we never were. There was no independent valuation done on our property apart from the one the Official Reciever had 3 weeks later. My husband was backed into a corner and remembers very little of this time and for the first time in his life he got diagnosed with depression. 3 weeks after the paperwork was signed my husband was declared BR - the bank were aware this was happening and advised he go straight to the branch with the court order when he had seen the judge. It is only recently we learn that the bank could not have taken the house of us, nor prevented his bankruptcy. We are in negative equity now but only because of the loan. so to summarise The bank told us it was a managed loan and the paperwork reflects this - yet it is a flexible business loan The paperwork is showing a partnership that has never existed and we have a letter of apology blaming admin error for this The bank was aware at the time of preparing the loan that my husband was going BR and this amount would fall into the bankruptcy They exerted extreme pressure on my husband, threatening to take our house and stop his BR application if he didn't agree They didn't speak with me, I signed as they had convinced my husband this was our only option They didn't get a valuation, the loan was on the basis that we did but we never got it done. He has asked for everything that bank hold for him, business, personal, etc.

anyone please? If this is the wrong place for advice can a mod move it please??

anyone offer advise?

Would also like to add that the bank have 'created' a partnership business between myself and my husband that never existed. We have an apology from them for this and they blamed an 'admin error'. Basically they have taken the name of the Ltd company that we were both directors of and was dissolved legally without owing anything after the loss of our trading premises. I then went and got a job and hubby continued his sole trader business. The loan is in the name of 'DarnSouth and Newstart T/A and the name of the Ltd company without the Ltd' We were backed into a corner and I signed as I couldn't face the threats they were directing to my husband. The business manager knew he had a BR hearing booked for 3 weeks later. The paperwork says it's a managed loan, but when I spoke with them a few weeks ago they call it a flexible business loan. Can anyone advise???

Oops - in my reply FSA should be Financial Ombudsman - sorry

That's the difficult bit - there is only one acknowledgment form - he needs to admit to the claim and I need to dispute it as I am not a partner in the business, but we can't do both on one form. The stupid thing is that the company who the money is owed to can't understand where the solicitor has got the information from that it is a partnership, but the solicitor refuses to reissue with the right details

Hello Can anyone help? My husband was a sole trader who, unfortunately, lost his business due to the current economical climate. He has about £60k of debt that he is trying to negotiate repayments on. Yesterday a court summons arrived from one of the creditors, not unexpected, they wanted all now or court so he said court. However, they have put on the summons his name AND my name T/A the business. This is incorrect and I contacted the company. They said that they had not given my name to the solicitor for any other reason than as a daytime contact as I had agreed to that. However, the solicitor says she has filled the forms 'on instruction of the client' What can I do? The only involvement I have ever had with his business is as a receptionist, secretary & chief dogsbody!!! He is a sole trader and always has been. I am concerned that I am going to end up in court for this and my employer will not be happy.

Hello I can assure you this is not allowed, unless the account that was in arrears is also in joint names. HSBC did the same to my husband and I. We have a joint account and he has a sole trader business account. Without warning they took £600 from the joint account and paid it into his business account to cover a payment. I queried it with the bank and got a letter saying they were 'acting in our best interests'. However they would not reverse the transfer so I took it to the FSA - who wrote to the bank pointing out that there is no right of offset from a joint to individual account as there is no way of knowing who has actually put the money in the joint account. The FSA made the bank reverse the payment and pay compensation to cover bounced DDI's etc. Hope that helps