BURY chairman Terry Robinson protested the club's innocence and vowed to defend a £1 million lawsuit issued by the High Court.

The Shakers, already in deep financial trouble and rooted at the foot of Division Two, are being sued by the Russell-Cooke Trust for repayment of a mortgage taken out on their Gigg Lane ground.

They face the prospect of having their ground seized and the club wound up but Mr Robinson insisted: "We will defend the action because, in our opinion, we haven't done anything wrong."

The problem has arisen, he explained, because the law firm - Richard Prentice and Co - who set up the mortgage in May last year, was removed as trustee of various trusts by a High Court judge two months later. The court directed that the Russell-Cooke Trust take all permitted steps to enforce the mortgage.

Demanded

Bury believed they had a 15-year mortgage term but full payment plus interest of £739.73 per day was demanded in January and a writ issued in May.

Now the Shakers, who are already in the middle of a protracted takeover, are desperately seeking an alternative mortgage provider.

"We are being unfairly treated because this situation has arisen through no fault of our own," Mr Robinson claimed.

"We placed a mortgage with a firm in Sheffield in good faith but they were closed down. We are now being sued for repayment of the mortgage but we cannot repay it until we either find another mortgage lender or the take-over goes through, neither of which have happened yet.

"We have paid a substantial amount of money for something which has been taken away from us through no fault of our own."

Mr Robinson has been in discussion with the council and other mortgage lenders since being made aware of a situation that could lead to the club fighting for its existence in the courts.

"Over the last 18 months we have turned massive operating losses into a small trading profit and the board is confident that with prudent management the existing borrowings can be serviced," the chairman added. "It is just a matter of finding someone who will be a mortgage provider."

PManager Andy Preece says the next two months could also be vital for his side. "A good run up to Christmas will help us finish in a good position," he said.