Factor Agent - Poor Service and court action

fivetide1978

Hi all,

wondering if anyone has any insight on this...

Basically, like a lot of people we have a factor agent for the flat.

Like many factor agents they take a lot of money to do sod all and are in a word shat.

For over four years we had an issue with damp in the stairwell of the place. It was new build so a simple call to the builder should have sorted it. It never happened.

To try to get something done i witheld their fee each month, plus some other charges i disagreed with. It still didn't work. However, getting trading standards in finally worked so after four and a half years they finally fixed it and tried to charge us all a fortune for something that should have been fixed for free. Happily trading standards got them to drop that too.

However, we still have the issue of the rest of the fees.

Bear in mind at no point have i refused to pay for a job that was being done properly but their role is to maintain the building which for 4.5 years they failed to do. If i didn't bother doing my job for that long i'd expect to be sacked. I can't sack them so i did the only thing i could which was to not pay them. I did pay all the other fees and sent letters each time stating why and what the payment was for.

They are now wanting to go to court for the payment. I have offered to negociate but they have refused to deal. Now i know that for small claims court both parties should show that they have attempted to negociate so i think i'm one up there but since it is all in a contract etc, do i have any chance at all or am i just going to have to pay them off?

Thoughts please! They have said they'll abide by whatever the sheriff decides which to me doesn't sound like small claims... also if we do lose am i likely to get proper hit with a big stick like a damaged credit rating or something?

Really don't see why i should be asked to pay for a service i didn't actually recieve.

Just trying to stand up to The Man™

longforthesun

HI sorry cant give you much advice regarding the court action however you could technically sack the factors though you would need the agreement of the majority of owners.

I used to work for a factors so know some aspects of them but not the legal side. Have you kept all correspondence to them regarding with holding payment and your reason for this. I would imagine if you could prove you had sufficient reason to withhold payment the Sherrif would take this into consideration.

fivetide1978

Thanks chap. The sackign is part of the problem. With buy to let many of the places are let and the landlords just bill the tenents, they aren't paying and don't want to be part of a tenents association. Plus finding out who owns what is tricky and expensive so a bit stuck.

Am i right in thinking that for £350 the worst they could do would be small claims court? Does that mean cost recovery is limited? I read it might be but i'm not sure. never done the court bit before.

I have only ever written to them so i do have all correspondence, especially with them dancing around my questions and refusing to negociate. I hope that bodes well.

I just don't want to do it if i know i won't have a legal leg to stand on (even if morally i know i'm in the right).

5t.

Robert_Sterling_3

fivetide1978 wrote: »

If we do lose am i likely to get proper hit with a big stick like a damaged credit rating or something?

Someone says you owe them money.
You refuse to pay.
They go to court.
If then you have to pay it looks as if this might be a CCJ
which will damage your credit.

fivetide1978

Robert_Sterling wrote: »

Someone says you owe them money.
You refuse to pay.
They go to court.
If then you have to pay it looks as if this might be a CCJ
which will damage your credit.

thanks. That's what i wasn't sure about, what court and what it means for me (credit rating the now is excellent)

The amount is only £350 but it is the principle of it. Wonder if i could do it the otherway around and sue for breach of contract and ask for the cash back??

Small claims = CCJ then?

5t.

pogofish

A friend was through this with her factors a couple of years back - They were quite incompetent & eventually she refused to pay & got taken to small claims.

She took copies of letters between them & photographs of the work that was disputed & a diary of the dates of visits etc from the latter part of the dispute, to show how long they took to respond/attempts to show willing etc.

The clerks were very helpful & explained the procedures to her & did their best to put her at ease.

When it came before the judge, it was plain sailing & he upheld her entirely, describing the factor as unfit to be providing a service, so she didn't have to pay a thing. Her credit score was untouched.

Shortly after, the firm went under & the new factors have been fine.

Good luck!

fivetide1978

Pogofish - you the man. That's the sort of story i was hoping to hear. There is a chance then. As i understand it, costs are limited in a small claims court and it might be worth the risk!

Cheers!

jo1967

If they take you to court will will get a summons & response pack through the post. From this you can return to the court stating you have not paid because you dispute the claim. The factor then can not get judgment (this is the point it will show on your public credit file) as there is a dispute & the matter will work through the system and you will be able to have your say & they have no choice but to reply (if they dont it should go your way).

Find out when the next AGM is and try & lobby all the neighbours into sacking them.

Good luck!