Farm Debt - Parents not taking responsibilty: Consequences on us!

[ClaireyCork]

Hi All

My husband entered a milk qouta partnership on the family farm with his parents 10 years ago. He then worked on the farm without a wage up until 2010 when he sought external employment. In the time working on the farm, his name appeared on all bills and bank accounts for partnership purposes. The farm was and is still in extensive debt, his parents have recenlty been removed from there home by the banks for non-payment. Yesterday, my husband received a letter from his parents solicitor advising the vendor whom he purchased cow feed from, have a committal against him, a threat for prision for non payment of the installment arrangement made by him in 2011, this was a repayment of 300 per month. This installment arrangment was not agreed with my husband, nor did he received the letter registered to him in 2011, we believe his father has been acting on his behalf and hiding post.

He is now appearing in court tomorrow and we are worried about consequences. The solicitor asked us to list our outgoings/incomings for court, it clearly shows we are not in a position to pay, but will a judge beleive this is not his debt but that of his father? His name is all over it.
This could be the first of many situations he could find himself in as his parents are in a financial mess. We are going to our own solictor next week to seek advice on removing his name from all farm documents/bills/accounts, but we are not sure how realistic and easy it is for this to occur.

Any advice would be of great help.

 

[Brendan Burgess]

Clairey

You will get a better answer if you edit the post to remove abbreviations and make the post easier to understand.

Brendan

 

[mercman]

OP, this is a bit of a mixed up set of circumstances. What did your husband buy from the well known vendor ??

As Brendan mentioned, you might be best to repost this thread wen you'll receive more careful answers.

The best of luck with the new baby.

 

[ClaireyCork]

Thanks guys, edited and hopefully easier to understand.

The vendor supplied the farm with cow rashen, the debt was cleared when my husband left the farm, but his father continued to use the account.

 

[Dr.Debt]

I think the question here is whether the partnership was officially ceased when your husband left the farm.

If the partnership was not ceased, was it not reasonable that the father (a partner) could have continued to buy supplies as one of the partners for and on behalf of the partnership and thereby binding your husband also to any purchases.

Regarding the installment arrangement, it would need to be ascertained if the father agreed the installments on behalf of the partnership or whether he was misrepresenting your husband.

I think more details are still needed

 

[RichInSpirit]

The meal vendor should have delivery dockets with a signature on them all for whoever collected the meal.
Who's signature is on the dockets ? and is it a forged signature ?

 

[Bronte]

This is very messy, and you're apparently in court today, with your parent's solicitor, but not with your own solicitor, whom you are not going to contact until next week.

It appears that somehow your husband signed a payment agreement, (or his father signed it, either with authority as he's part of a partnership with your husband, or he forged your husband's signature). Right now you're trying to prove that your husband was not a party to the agreement, but there is the issue of the partnership. And if you say the father falsyfied documents then the father could be in trouble for that. But I guess if the father has already lost his home, he's nothing much else left and the judge may go easy on him.

It's a very stressful situation for everybody, cannot imagine what it must be like for your parent's in law, having already lost their home (not sure if they've lost the farm too). But put your best foot forward today, be as honest as you can, if you don't have the means to pay the bill, should you be liable for same, then the judge cannot order you to pay it. I presume you have no assets. In the interests of family relationships it would be best if everybody got along, pulled together, and didn't start the blame game, it will have no winners.