Old factor refusing to refund float

honkus

Hi All!

First time poster - hopefully have posted this in the right section.

I'm having some trouble with the previous factors of my street.

When we moved in 7 years ago, we paid a float of £50. The factors has since resigned and there has been no sign of them refunding my credit balance or the float. When I emailed them, they said that until the debt in in street has been paid off, they won't refund anyone. I think this seems a little unfair since I have never having missed a payment.

Are they allowed to do this?

Thanks! x

maninthestreet

I'm a lilttle confused. What debt is being referred to here? Who/what is a 'factor' in relation to a street, and why did you pay them £50??

martindow

I think this needs someone familiar with Scottish housing law to reply.

honkus

Hiya!

The £50 was the float payment in our deeds and we paid it when we first moved in.

The debt is what is owed to the factor as a whole by the entire street. Some people owe them lots of money, others are in credit. It's not a lot of money, but it's the principle of the matter.

Thanks for the link Artful, I'll give them a wee call and see what they say.

Will let you know how I get on! x

Jowo_2

The Shelter Scotland site has good information about factors and about the responsibility of owners to pay towards common repairs and cleaning. This should give you an idea of your rights and responsibilities.

As far as I know, owners of properties with a contract engaging a factor are liable for the debts of other owners who do not pay towards communal repairs and cleaning. I believe it operates like a joint account, rather than an individual one. Duties of home owners who share common space comes under the Tenement Act, I think. Some factors will take these owners to the sheriff court to enforce the debts. Ask the factor for an up to date account.

Shelter and similar advice sites should be able to tell you how to take action against the factor (or other owners).