Dispute Creditors Debt Claim

hello, can you please provide me all we have spoken about again?

Okay I stay in Somerset West, South Africa. I have received notice of motion, my father`s creditor has involved me in this, and I took over my father`s business in *. He claims I am now also involved in this debt, I did not sign for anything anywhere. In a past liquidation attempt, we had to reply with our affidavit, and he is twisting those past wording now into something else, saying I said things I cannot remember saying. He has harassed me at my landlord, telling our business to my landlord. Then he also made a small claims claim against both me and my father, since he was my father`s landlord, and my father has the debt with him, he now claims I am also owing him money. Furthermore, given what I have seen on a technological side, and with phones, a new neighbor that moved in here, had him warned with police, it appears he was planted he to spy and harass us. This new application, my father is the first respondent, and me the company I now own, the second respondent, ie he involves me now also in the claim, and I want to dispute this, since this is not my debt. I want to approach the court, he made it for both low and high court, and I want to present my case beforehand to a judge, as this is not my debt. What can I do, I stay in Somerset West South Africa.

Okay so if I can prove, and also since he lost the case with previous liquidation attempt, that not me nor the company owes him money, can this case be dismissed, especially against me and the company?

But why did he claim that the company owed him money? My father owned the company from * to *, and this case against my father started in *. So I took over the company in *. Why is he making this claims? In his newest application he is saying/inferring almost my father is still controlling/owning the company. My father acts as a consultant for me, and trains me. I certainly cannot with my very experience in the type of business have trusted anyone off the street? How can it be illegal that my father helps me out? My father has no shares in the company, surely he can given his age also start to retire, since he is now *. I also suffered to find work for a large time of my life.

So he may not do any supervisory, help me out in that regard?

What do you mean with financial obligations, my father?

Well he signed for vehicles which I did not. That is the only asset along with some tools that we use in the building business. So what does this mean now, the obligations are mine now, or does he still need from his side to make sure those are paid monthly?

So the banks still owns these vehicles, and I suspect the creditor of my father wants to get his hands on these. But they are owned by the company, and not my father.

So how does this change anything for me regarding my response to the notice of motion and affidavit, since I think he wants to build some case and wants to convince the court for some judgement, that the vehicles or something be surrendered.

I want to setup video consultations online, and want to ask a fee for this. This is for people that have no idea how to plan there coming building project and would like to have some advice also maybe given they want to do some things on their own, and cannot afford a builder currently. Can I? And how do I set this up?

Yes the payment system. As much details here possible please.

Yes, Peach Payments. I have paid people before via them and find them quite good.

The integration part

If I provide any intellectual property or rather some novel idea, onto a ai chat platform, are those chats viewed by a person, ie can my idea potentially be stolen?

If I cannot afford any taking out a patent on my idea, protecting my idea, what can I do in order to protect it otherwise/further?

My father`s creditor once had a discussion inside our previous house where we lived and where he was thus the landlord. My father was the tenant and owed him the arrears which he now has become so vindictive in nature about. He placed my father onto a TPN profile, causing my father and us, not to find a house, and given it was also Covid and South Africa where people from northern parts of the country like migrated in the masses down to our area. This caused the property market here to become overwhelmed, and since like *% of all applications given tenancy are controlled by background checks, my father failed each time and us in the process. Given the large sum then caused, what can we do, arguments in a affidavit given this. How were we suppose to move out to lessen any debt if this caused us not to move. We are now obviously in another residence.

One last thing still given this matter with my father`s previous landlord. Given his nature and threats, I did record him at times. This was especially also where he and his attorney was present in the house and verbally attacked and intimidated my father into signing another debt acknowledgement, much higher amount, since they werent happy with the previous amount my father offered and signed for, said they cannot go on such way, he as creditor will have to wait too long for his money. But all this, and placing us onto TPN(blacklisting my father) just made any attempts to find another house avoiding eviction much harder. It had increased the rent since he could not afford their demands. Was it legal for them to force him into a second debt acknowledgement for a higher amount especially in a time when he was unsure of future projects in the pipeline as well as this creditor, landlord of my father, his attorney present said he will want to verify phoning up each client. We werent comfortable with it since we feared he ask the potential clients sensitive questions, or harm our reputation in some way. Can I use the wording I recorded also of how he must have us regularly watched, and how the debt is not mine, as the son, in court? Otherwise, given also what I said here, what they did, was it legal in any way?

But still, was it also legal for him to request phoning up people we do business with, or going to them, asking them about us?

What is coercion?

So if I present this recording, of how they pressured him, coercion as you mentioned it, the court will dismiss that part?

Sorry my english is poor. Meaning so if they pressured him into signing another debt acknowledgement, given how they would evict us etc if not doing so, it was then unlawful. Do I have this correct? And how can we put this into our reaction, he had made another court application as you may know(notice of motion) where he alleges the company owes him money, and how my father used me and the vehicle to defraud him, how do we place this coercion part into a affidavit/arguments, to defend against some of his claims.

So given my father did not comply in timely fashion and paying this high amount which was highly unaffordable, we started to seek a house, finding out through a estate agent that my father was placed onto the credit bureau where estate agents go to see who is bad payers. This caused my father not to find a suitable home in time, and causing in the process the arrears to run up heavily, into substantial unaffordable arrears. Any offers my father tried to make given also his application previously to declare my father bankrupt, all offers my father made, the creditor declined. Is it legal also for him to do that?

If I document, provide sources of how expensive things have become nowadays, since he makes remarks about our expenditures given grocery shopping, and how we had to especially buy take away food at times mostly, since he refused to replace/or have the geyser of the kitchen area repaired, this caused hardships for my mom cleaning dishes etc. He did this, all these kinds of things, out of punishment for the outstanding arrears when we lived there still. So can I defend also thus with economic climate how things changed after Covid, the economic impact, how any large amount especially now cannot be afforded?

What is punitive actions?

So this creditor according to you, given what he has already done, having my father every week basically in court since he involved his attorney, forcing my father into unaffordable debt acknowledgement, the amounts thus needed be paid back monthly, how he placed us on the tpn(bureau) without sending us a notice of his intentions, evicting us, not caring if we did then in fact find another home seeing how the market was flooded and the tpn listing, and then low and behold while I then took over my father`s business, also tried to liquidate the company, making allegations like defrauding him, while the company or I did not sign for any debt given the tenancy etc, or any obligations towards him, also came back and threatened he will try again to liquidate the company, but then immediately after applied to declare my father bankrupt, failed with that, and then came back recently with another application, notice of motion, where he now has my father and my company as first and second respondents, again making claims of my father not being retired, still has a role in the company, my father trains me, and given harassment all round seen so far, I trust him to rather assist me still in business as consultant, but he sees this as a form of defrauding him. What is he after, and what will he still do?

But what kind of claim or application can he still bring, his current arguments he is pushing claims defraudment of him, seeing how my father helps me out and his using me as a vehicle to finance my father`s lifestyle. I always said I will look after my parents.

- **Evidence:** Gather documents proving your father does not financially control the company. I have a idea of this but please clarify further more detailed.

Financial statements?