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 questioned the charges because the bills seem extremely excessive in relation to work actually done. I want to see what we are paying for.

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

agrinnall

I'm not entirely sure what you're asking for as there's too much in your post to read. However, I can confirm that the Bill was made law in 2011, see here Property Factors (Scotland) Act 2011. And to get your information from the Factor you need to make a Subject Access Request , however, if that's what you've already done then the ICO is indeed your next stop, which sounds like it could be a lengthy delay.

Heather_1970

Thank you - I had been trying to find out about the Bill and didn't know it had now been made law. Away to check it out, thank you very much.

LibbyR26

That's my understanding of why the Act was introduced, becase factors were unregulated and some of them used to just do as they liked and set charges as they went along, which often did not have any bearing on work done. Was there anything in your original title deeds or letter from your solicitor outlining the charges which the factor could make?

Maybe also worth a chat to CAB.

Good luck

theartfullodger

The experts on Factors ( and other matters...) are Govan Law centre see..
http://govanlc.blogspot.com/p/property-factors.html

(yes I know website may be out of date..)

Cheers!

Artful

DVardysShadow

Heather_1970 wrote: »

... 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.”

As I see it, you have been barking up the wrong tree. Bear in mind I know nothing about Scottish property law nor about leasehold and flats.

Their reply certainly is smug, although if you asked under the Data Protection Act, they have probably complied and if they have not, then any further information due to you is not going to help with your real question. Because the Data Protection Act relates to Data about you personally. The Data Protection Act contains no provisions relating to the charges they make or how they are calculated, because none of this is data about you. You could only expect personal details and a record of bills and payments.

They are taking the mick in a way which craves having their fat faces smacked in for dissembling into the Freedom of Information Act.

Your real way forward here is to find a right to see accounts written into your deeds or into statute law.

scottishblondie

As far as I know the act for regulating factors doesn't actually come into effect until July this year. There's been a bit of discussion about it in my office lately, as a few of us have been having factor issues.

theartfullodger

DVardysShadow wrote: »

.......

Your real way forward here is to find a right to see accounts written into your deeds or into statute law.

As DVS says...

see

http://www.govanlc.com/adminfees.htm

[FONT=Verdana,Arial,Helvetica,sans-serif]Many property factors in Scotland charge £17.62 per reminder letter. Many companies issue these letters several times each month resulting in charges far in excess of their monthly management fee. This is in addition to a commercial compound rate of interest on any balance due. Does this sound fair?[/FONT]
[FONT=Verdana,Arial,Helvetica,sans-serif]The Office of Fair Trading has on many occasions used its powers to rule such charges as legally unfair under the Unfair Terms in Consumer Contract Regulations 1999. Some Trading Standards Departments in the UK have been successful in persuading the court to hold such charges as unlawful. If you have had to pay unfair charges you should ask for a refund. [/FONT]
[FONT=Verdana,Arial,Helvetica,sans-serif]If you cannot remember how many charges have been applied over the years you can send a Data Protection Act (DPA) letter to get this information from your factor: you can go back 5 years. You need to send a cheque for £10 (max fee under the DPA) to activate this request. Your factor has a maximum of 40 days to comply, failing which you can complain to the Information Commissioner, who can take enforcement action.[/FONT]
[FONT=Verdana,Arial,Helvetica,sans-serif]To request a refund of unfair charges send this letter. PDF version here.[/FONT]