The Scottish Factors Bill

Heather_1970

I wasn;t quite sure where to put this on these forums, but I need advice from anyone who understands Scottish Law and Factoring in Scotland.


We are dealing with a Factor who are bullying us and heaping charges on us left right and centre. I went on the Scottish Parliamentary website today to see if the Factor Regulation Bill has been passed and couldn’t find much information.


My husband owns a flat we have been unable to sell since we moved in together four years ago. We have struggled to keep it, being threatened with repossession many times as we can’t afford the mortgage but have let it out a few times simply to keep the payments up. All the while, we have struggled with the ever increasing factor bills for services to the flat. We have been effectively trying to upkeep two properties.

The factor (HACKING AND PATERSON MANAGEMENT SERVICES - she hinted) have rushed us into court even when we have written to them explaining our financial difficulties and making our best payment offers – this has resulted in massive charges being added on and it’s an ever-spiralling debt situation. We have asked them to clarify why the bills are going up and even, more recently made a request to see all the records of bills to the property etc under the data protection act, which they basically ignored apart from writing to us to say, “here is all the information we hold on your account – property details - then my husbands name and the property address.” A single line response, which frankly is just derogatory. I’ve made another request in writing and got a smug reply today as thus:

“To the matter of the Data Protection Act, we have provided you with all the information we are required to give under the act. We think your query relates to The Freedom of Information Act. As we are a non-public body, this doesn’t apply.”

So basically, they can charge anything they want for services and repairs to the property – make up a figure for the factor bills and pay something else in fact – and they are under NO obligation to show us any of the bills to corroborate the charges! This is ludicrous! And worse than this, they quite clearly feel secure in the knowledge that they can pretty much do (and charge) what they like.

I made a complaint to the Information Commissioner who replied saying they have a huge backlog of complaints so it will be sometime before they can respond. But it looks like with this latest response, all is lost. In the meantime, we are on benefits, are in severe financial hardship, struggling to meet everyday essentials yet are bullied into treating the factor bill as a priority as if we don’t pay it, they throw us into court, win, and then we get more charges.

I have queried costs for work – the grounds maintenance was a complete mess and I refused to pay. They replied saying everyone else in the block was happy; yet curiously they switched contractors shortly afterwards. I want to know where our money is going, but they refuse to share that information other than sending us bills/demands for payment. How do we know their costs are accurate? And how exactly are all their late payment charges made up? They seem to be a law onto themselves and they are not answering my questions.

I’ve paid them £100 last week – from my Child Tax credits that we need to live on this week. It’s the final straw! And all because they have sent another letter telling us they are taking us back to court for the arrears which we can’t really afford to pay and I’m terrified of getting another £200+ thrown in for costs. It may be more manageable if a) the bills weren’t so huge and b) they hadn’t piled so many charges on.

Late last year we borrowed £1000 from a family member to get them off our backs. We called to ask them to confirm the balance and put the family member on the phone to make the payment for us. The next bill that arrived included an extra charge on top still owing from the last bill – which we had asked to settle! They gave us the wrong figure at the point where we had someone offering to help us pay and now we are behind again.

It’s a nightmare. They are bullies and I don’t know how they can get away with forcing families to put their charges before everyday, basic living expenses/needs.

I wonder if there is any advice anyone can offer me on this issue?

BigAunty

See what the Shelter Scotland website says about your options. They have good info on your rights and responsibilities.

Do post your problem on the House buying forum to expand upon your replies.

If your Factor is a member of the Scottish body for Factors (I forget the proper name but there is a professional body, some kind of association), then see if they have a way to address this.

The Govan law centre, I believe, mounted a campaign against rogue factors so perhaps their website has advice and info.

Speak to your local councillor and MP.

Go to the debt free wanabee board as the members there will help you come up with a debt management strategy. Ultimately, though you are distressed by their actions and frustrated with the quality of their services, you have a debt management problem so I would spend as equal amount of energy on this topic as the Factor issues, as debt is what it boils down to.

Heather_1970

I approached Govan Law Centre, but we are out of their area for help - they offered me no advice. I have sent this entire thread to my local MSP just now after writing it - a nice quick copy and paste :-)
Thanks for this. My debt management plan is in place, so it's not the issue. We went to PayPlan and got offers off to everyone using a pro-rata payment plan. This seemingly was lost on the Factor, who refused our offer and took us to court (and won) regardless.

I'm not aware of a body for Factors but will go and ask Google.

Thank you for the swift response - I will repost in House buying - thank you Aunty

macaque_2

Heather, I don't want to sound unsympathetic but rough justice often comes with debt.

You have two houses. This sounds like a BTL story gone bad or that you held out too long for a high price. Good luck to you if you succeed but you cannot complain if the gamble goes the wrong way.

As for your trying to solve it by fighting the factors, my suspicion is that you are on a hiding to nothing. The best you can hope for by winning is that others might benefit. Right now you are up to your eyes in debt and in your position I would sell the house at a price that people will pay as soon as possible. You will be left with debts but if you keep holding out the debts will only get bigger.

If I have got this wrong, my apologies.

Euphoria1z

I too feel im paying a vast amount of money to my factors also, they however, send me a quarterly statement showing all expenses incurred in the upkeep of the property i.e stair cleaning, maintaining the garden,insurance, fixing doors, maintaining communial dish, damage to exterior walls, lights etc etc etc ... everything is just so expensive these days.

My break down shows the charges, then its divided by 9 as its a block of 9 flats in the building so i pay 1/9th of the expense.

What you really need is to go into their office and ask them for a statement as all factors should really be giving this.

also speak with all other property owners in the building and find out their thoughts, are they happy? do they get a statement? infact, hold a meeting and and if the majority are not happy then the majority can vote and get the factors changed. I think for certain properties its required by law but the law doesnt state you cant change your factor.

unfortunately if you have debt built up then it needs paying, else they can add charges and fees. im paying them monthly by standing order and i increase/decrease depending on the outstanding balance.