Taking on a grain merchant (the AIC cartel)

willy

Member
Mixed Farmer
Location
Rutland
Hoping for a bit of help and guidance.

We had a Nov- Dec malting barley contract that got partly collected in Feb. The December loads that we loaded had no issues. Some Feb loads failed for germination. Same barn, same land grown on. Rejected loads tested 99% germination at the feed house they were tipped at.

Independent testing took 27 days to be done- unsurprisingly they failed the 98%. Stoppages £12k.

Looking to take them to arbitration. Anyone know if any contacts or should I just use my solicitors as essentially it’s contract law?
I have exactly the same
 

willy

Member
Mixed Farmer
Location
Rutland
I told them it had to go in Nov- Dec. I had fertiliser coming in and I also needed the cash flow.

No agreement of carry. No extra payment for picking up a month late.

Several promises to pick up and then not. Last load went it at 99% germination to a different home which backs up the sample results.
Same here
 

Farmer T

Member
Location
East Midlands
Lots of genuine stories about malting barley losing germination over the winter if the grower wasn't able to cool it quickly enough.

Laureate retained for home saving here dropped to 91% on full germination testing, not the tetrazolium method used for speed and by intake laboratories. No issue for my home saved seed - I just increase the seed rate to compensate but it would have been rejected at a maltster.

I assume the OP kept a sample from loading that was sent for independent testing?
I kept samples. They tested at 99%. The independent testing took 27 days to be carried out which can’t be right? The whole system needs changing as it’s simply not right or fair.

Even if I ‘lose’ I want to highlight my case so maybe changes can come? I don’t think the grain company can liable me if I have evidence for everything I say?
 

Brisel

Member
Arable Farmer
Location
Midlands
I haven’t got experience of this - last time something similar happened to me I took the retained sample to the merchant’s lab, where it tested ok and the claim was withdrawn.

Are you a member of the NFU? They have a legal team who might be able to help.
 

T Hectares

Member
Arable Farmer
Location
Berkshire
These stories are shocking and there’s very little you can do, there should be an arbitrator for the grain trade so they know that they can’t do as they like, a task for AHDB to sort out I think

Make a fuss, always keep samples for retest
Always bring the load home even if it costs you, it sends the message that you won’t roll over and you take samples from that load to the merchants own lab, it also inconveniences the merchant by buggering up their haulage plans for the day and there’s no arguing if the loads back on farm to be inspected, once it’s tipped all evidence is gone

I’ve had 3 loads of Malting Barley rejected in 8 years and over 10000 t, one was genuine, one was borderline and one was because the first few loads onto the boat had bugs and the boat had to be cleaned and emptied so the merchant rejected everything in the queue, I fought that one and got the costs back
 

David.

Member
Mixed Farmer
Location
J11 M40
Do you have an automatic right to be notified of a claim before the load is tipped?
I had an ergot claim, for 5 pieces in the load sample, and the first I knew was a £20/t claim notification by email that evening.
As it happens, I knew there was a small quantity of ergot present, and I could not have got it home and cleaned for less money. The mill will accept 2pcs of ergot per sample without claim.
Some of the claims on malting barley being discussed might be £100/t, surely you have the right of prior notice before it gets tipped in the "feed" heap?
 

stroller

Member
Arable Farmer
Location
Somerset UK
About 20 years ago I grew milling oats, not on contract, I had sold 4 loads, 2 to Dalgety and 2 to an independent who is still trading. It just so happened that the loads were picked up alternately and all went to morning foods at crewe, the Dalgety loads went through fine but the other loads had deductions, but I only found out when the barsteward independent sent me the money. I'm pretty sure he just deducted a bit to make more money.
 

Farma Parma

Member
Arable Farmer
Location
Northumberlandia
Uncle here had a rejection of SB heck could have been 40year ago
It was heading for the feed heap until he quickly reminded them there was a load of 50kg bags of fert not paid for in the shed & they better come & take it away
Needless too say just like magic it went thru after that... Bloody shitesters
 

Farmer T

Member
Location
East Midlands
The proposed move to digital passports is meant to give real time results direct back to the farmer. I cannot help but think that can only help these scenarios.
Digital passports aren’t going to improve this situation.

They rejected the grain at 96% germination. I had a sample and it was tested at the ‘lower grade’ malting barley home. Both of these results were 99% germination.

Now the independent tests took 27 days to be tested and made it significantly lower.
 

Flat 10

Member
Arable Farmer
Location
Fen Edge
Digital passports aren’t going to improve this situation.

They rejected the grain at 96% germination. I had a sample and it was tested at the ‘lower grade’ malting barley home. Both of these results were 99% germination.

Now the independent tests took 27 days to be tested and made it significantly lower.
I agree. Digital passports won’t help. I’d be livid in your shoes.
 

Brisel

Member
Arable Farmer
Location
Midlands
The proposed move to digital passports is meant to give real time results direct back to the farmer. I cannot help but think that can only help these scenarios.
That was the compromise to the AIC offered by growers. The trade wouldn't accept that and are doing their best to force digital passports on us without anything in return.
 

ajd132

Member
Arable Farmer
Location
Suffolk
These stories are shocking and there’s very little you can do, there should be an arbitrator for the grain trade so they know that they can’t do as they like, a task for AHDB to sort out I think

Make a fuss, always keep samples for retest
Always bring the load home even if it costs you, it sends the message that you won’t roll over and you take samples from that load to the merchants own lab, it also inconveniences the merchant by buggering up their haulage plans for the day and there’s no arguing if the loads back on farm to be inspected, once it’s tipped all evidence is gone

I’ve had 3 loads of Malting Barley rejected in 8 years and over 10000 t, one was genuine, one was borderline and one was because the first few loads onto the boat had bugs and the boat had to be cleaned and emptied so the merchant rejected everything in the queue, I fought that one and got the costs back
Yeh 100% an arbitrator is needed. I also think there should be an industry working group (farmers, co op and commercial stores) who with the nfu identify difficult home and put an Independant verifier on the weighbridge. Maybe have 10-15 of these people, it would soon clean up the dodgy Intake part.
 

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