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Scottish law help: Charge to Pay order from Sheriff court, unpaid factoring bills
Whodis
Posts: 5 Forumite
I have received a Charge to Pay order from the Sheriff Court. This relates to unpaid factoring bills from a property I rent out.
The backstory is I had several disputes regarding some of the work the factor organized. One builder left a significant amount of debris from their job so I contacted the factor to complain and didn't pay that part of the itemised bill. The amount in question was small. The factor did nothing regarding the debris but then added on late fees on to all my subsequent bills for not paying this small amount. I removed these fees from subsequent bills and paid the rest as I emailed with them back and forth to complain. They added late fees on to the following bills and my complaints were ineffective. I subsequently got tired of dealing with them and at the same time I moved out of the property and rented it out. I then stopped paying all of the bills and communicating with the factor. The bills continued to be delivered to the address of the rented property, not to my home address. The tenants didn’t forward the mail on. Presumably the notice that the case was going to court went to the rented property as well...
I didn’t receive a notice that my case was going to court but have now received the Charge to Pay notice from the court at my home address. What are my options now? I’m aware I have made a serious error by not keeping on top of the bills and also the vast majority of the work charged for in the bills will have been fair. I was angry at the factor at the time, I felt I should fight and complain regarding the work... The property had several arson attacks in one year so the debris was a big issue to me but the factor just ignored emails and complaints, just as they had all my previous complaints. Not sure what the best thing for me to do now is, does anyone know?
thank you
The backstory is I had several disputes regarding some of the work the factor organized. One builder left a significant amount of debris from their job so I contacted the factor to complain and didn't pay that part of the itemised bill. The amount in question was small. The factor did nothing regarding the debris but then added on late fees on to all my subsequent bills for not paying this small amount. I removed these fees from subsequent bills and paid the rest as I emailed with them back and forth to complain. They added late fees on to the following bills and my complaints were ineffective. I subsequently got tired of dealing with them and at the same time I moved out of the property and rented it out. I then stopped paying all of the bills and communicating with the factor. The bills continued to be delivered to the address of the rented property, not to my home address. The tenants didn’t forward the mail on. Presumably the notice that the case was going to court went to the rented property as well...
I didn’t receive a notice that my case was going to court but have now received the Charge to Pay notice from the court at my home address. What are my options now? I’m aware I have made a serious error by not keeping on top of the bills and also the vast majority of the work charged for in the bills will have been fair. I was angry at the factor at the time, I felt I should fight and complain regarding the work... The property had several arson attacks in one year so the debris was a big issue to me but the factor just ignored emails and complaints, just as they had all my previous complaints. Not sure what the best thing for me to do now is, does anyone know?
thank you
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