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A vulnerable farmer fears proposed actions by a vulture fund-appointed receiver over his lands could destroy his business, the High Court has heard.
Andrew McDonnell, 47, a dairy farmer with a herd of 100 cattle on his 80ac farm at Cappagh, Newbliss, Co Monaghan, says the receiver has threatened to remove and sell any items on his lands unless he removes it within seven days.
The items on the lands include any stock and farm machinery. Mr McDonnell says the receiver has no right or entitlement to remove or sell the items.
As a result, the farmer has brought High Court proceedings against Mr Tom O’Brien of Mazaars, who was appointed receiver over the lands, and financial fund Promontoria Oyster Designated Activity Company.
Mr McDonnell claims the receiver wrote to him, telling him that if he did not respond within a week Mr O’Brien would take steps including selling items on the lands to reduce the outstanding arrears.
Mr McDonnell fears such actions would result in the destruction of his farm business.
Temporary injunction
At the High Court on Thursday, Mr McDonnell secured a temporary injunction preventing the defendants from continuing to threaten to remove, sell, or transfer any of his stock or items he has on the lands.
The injunction was granted on an ex-parte basis, where only one side was present in court, by Mr Justice Max Barrett.
The court heard the receiver was appointed by the fund, who Mr McDonell’s barrister Mr Francis Treanor Bl said others have described as “a vulture fund”, which acquired Mr McDonnell’s loan from Ulster Bank in December 2016.
Mr McDonnell, who had been in full compliance with the terms of his loan, fell into arrears with the bank due to the fall in milk prices.
Mr Treanor, instructed by John V Geary Solicitors, said Mr McDonnell owes approximately €420,000 on the loan.
Offered to pay
Mr McDonnell, after obtaining financial advice to help him, offered to pay some €370,000 after obtaining funds from his family, but this offer had not been responded to.
Mr McDonnell says he has not been offered any alternative restructuring option by the fund, other to redeem his loan in full.
On 29 August last, the same day he made his proposal to the fund, Promontoria had decided to appoint a receiver over his property.
The receiver, counsel said, then sent communications to Mr McDonnell in relation to the items on the lands.
'Threats'
Mr McDonnell says the communications represent threats against his farming business.
Counsel said his client was further alarmed when the receiver asked for a list of all the assets on the lands.
Counsel said financial pressures had affected his client’s health and he was “a vulnerable individual”.
In addition to seeking the injunction, Mr McDonnell is seeking damages for alleged negligence and breach of contract. He also claims the fund has acted without due regard for the Central Bank’s code of conduct and practice when dealing with a customer in arrears.
After granting the injunction, the Judge said the fact €370,000 was offered on a debt of €420,000 meant that something had gone wrong somewhere.
The judge adjourned the matter to a date in October.
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