An Oban pensioner has been served a writ for a share in a community radio station debt of more than £17,000.
That’s despite claiming she had assurances she would “only need to pay £1” if Oban FM was to close down.
Proud grandma Christine MacDonald, 70, was shocked to receive a sheriff’s officer letter telling her she was a co-defender on an outstanding debt for the recently closed radio station.
The letter arrived at the beginning of August after payments to a loan company were defaulted on.
Ms MacDonald has had to write to Oban Sheriff Court regarding the civil matter, explaining that she can not find a solicitor to represent her on legal aid.
The popular volunteer presenter on the station for 30 years, says she is beside herself with worry, after “trusting” her liability would be £1.
Ms MacDonald, Oban FM and two other board members are named on the writ.
She wants to defend her name in court against the action – but she can not find a solicitor willing to take a legal aid case to help her.
She has to lodge defences by September 12.
That is despite help from her local councillor Julie McKenzie who has been trying to secure a solicitor for the former Tesco worker.
Ms MacDonald said: “Earlier this year, in February the board of Oban FM, of which I was a member for five months, were told that we needed a loan to pay off our debts.”
‘I was uneasy about taking out a loan’
Saying there was little detail forthcoming about the loan, other than being asked to sign.
Ms MacDonald claims she was never shown papers or details of repayments for the loan.
She said presenters and board members were asked to do what they could to raise as much money as possible to save the radio station.
A crowdfunder was launched, and a drive to find more advertisers on the station.
She said: “I was uneasy about being part of taking out a loan – but I was given assurances that if Oban FM was to close or go into liquidation then as it was a company limited by guarantee – we would only need to pay a liability of £1.
“I was reassured by that. ”
Mrs MacDonald claims she was never offered legal advice, and “I was not told that my house and possessions were at risk if the payments were not upheld.”
Oban FM closed its doors in July after 32 years.
Liquidators have yet to be called into the company.
“I do not have savings to speak of,” Ms MacDonald continued, “I live off a state pension and I have a very small private pension.
“I have tried to get legal aid to defend my name – but I simply can not secure anyone to help.”
Ms MacDonald, who worked in the town’s Tesco for many years, claims she has witnesses to the conversation where she was told categorically that she would only ever need to pay £1 in liability.
“I am so anxious and upset,” she said, “It is a desperate situation, and I do not know what I am going to do.”
Councillor steps in to help with search for solicitor
Councillor McKenzie has been working with Ms MacDonald to help secure a solicitor to lodge defences at Oban Sheriff Court.
The area chairwoman for Oban, Lorn and the Isles, said: “My constituent Christine approached me regarding a legal and financial issue which has impacted her directly because of her former role as a director of Oban FM.
“The story she shared with me raised major concerns and I was keen to try and offer what advice and support that I could.”
Ms McKenzie said that despite searches across Scotland: “Christine has not yet been able to secure a solicitor to offer advice or take on her case.”
Adding: “The predicament in which Christine finds herself serves to highlight the constraints of the current legal aid system and the very real difficulties faced by ordinary people in our community when it comes to accessing legal representation for matters such as this.
“I can only hope that a solicitor might read this and consider taking on this case as part of their pro bono work.”
Hopes a solution can be found
Campbell Cameron, the chairman of Oban FM – and fellow presenter for three decades – confirmed to The Press and Journal he was also named on the writ.
He hopes that a solution can still be found.
He said: “It’s a difficult time after 32 years but all directors were made aware of their guarantor responsibilities and signed accordingly.
“As for non-guarantor debts then the responsibility is restricted to £1.00
“The company will be dissolved after all creditors are advised of the position.”
Oban FM ‘was not a charity’
Presenter Margo Marr, who is not named on the writ, presented a programme on the station for 14 years.
She said: “I discovered only two years ago that Oban FM was no longer a charity, but a limited company.
“This year, there were two staff meetings called by the board of directors. The first was at the end of April.
“During the meeting, it was revealed that finances were in a dire situation, that short-term loans had been taken out, and bills including rent had not been paid.
“At this meeting, it was suggested that presenters should donate £500 each to the station’s finances. ”
Ms Marr says that at a second meeting at the end of June, presenters were told: “Finances were now so critical that we would have to shut down very shortly unless something could be done.”
She added: “I have ascertained since the closure of the station that its status remains ‘active’ at Companies House.
“None of the volunteers at Oban FM has ever been paid a penny, not even expenses.”
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