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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16132
Experience:  30 years as a practising solicitor.
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My home partner has a building firm and got them to build a

Customer Question

Hi, my home partner has a building firm and got them to build a viewing gallery in my equestrian centre. However, it had to have a metal structure erected around the bricks and he employed ENV Consultancy to do the drawing to concur with regulations. This was done and then another person completed the specified metal work. This was well over a year ago. My partner deals with all the bank dealings.
However, it has come to light that he still owes the consultancy a further £3000, and they are now taking him and myself to court. He has always kept control of me and our finances, and I have now put my farm on the market so that I may split up with him. I have no personal earnings as he dealt with all money owed to the bank and all income the centre made through liveries.
There is currently not the money to pay ENV, and I have a sale for the farm. I am worried they can put a block on the sale on account of this. The papers were lodged for court today. I believe the contract is between is firm MBS Bankwood and their's ENV Consultancy. I was also under the impression the original bill was paid a long time ago until I realised he was paying in instalments and ENV started sending court threats to me.
I will pay them once I have sold my farm, but I am concerned they will prevent me from selling. I am unable to continue with this place if this is the case, as all the liveries have now left (knowing the farm is under offer) and the place is running up debt of approx £1000 per week. If this sale falls through, I am at the end of my mental and physical tether. I am responsible for an 83 year old mother, an 19 yr old son who is currently seeing a psychiatrist as he keeps attempting suicide, a schizophrenic older brother plus my young daughter. I am also being treated for depression. Please help!
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
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Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland. Thank you for your question. I am sorry to hear of your troubles. From what you say the contract is nothing to do with you. You could defend any court claim on the basis that it was your ex partner’s business that is responsible as the contractor. Your concern is that they can block any sale. That “block” is legal speak is called an Inhibition and they can ask the court for that in certain circumstances, usually where they can demonstrate that there is a real chance of their account not being paid. An Inhibition stops a person from selling their property. However, what you have said is that you are prepared to pay them once the farm sells. That of course is something that you should only offer on a without prejudice basis. What usually happens is that you sign a mandate authorising the solicitor who acts for you in the sale to pay them from the proceeds of sale. That gives them comfort that they will be paid and any Inhibition can be lifted. You would of course have a right of recourse for repayment of at least part of this from your ex if you chose to make a claim, given that it was his business that was legally liable. I hope that helps you. Please leave a positive rating so that I am credited for my time.