Dealing with a Factor with incorrect charge

sheenas

I live in a flat witch is managed by a factor. Now last quarter, I was slightly late paying the bill, but I did pay it. The same day as I paid it the factor had passed the bill to a debt collection agency. This is within less than a month. The debt collection agency of course tried to bill me, but for the wrong amount + fees. The suggested bill amount was £40 higher than what I had paid. I raised this with the debt company with little joy. I was persistent with them and all went quite. This quarter the factors bill comes with the debt collection companies fee added, not the £40. I have raised the dispute twice now and have not received a reply, other than acknowledge receipt of my emails.

I wonder what the next steps are?

oldernonethewiser

Is this in Scotland?

sheenas

Yes it's Scotland

oldernonethewiser

Did they follow all correct process regarding the outstanding invoice?

Property factors must have systems in place to monitor payments, issue reminders about outstanding payments, and have a clear written procedure for recovering unpaid bills. This must include how the factor will deal with disputed debts.

Factors must inform non-payers of their intent to take legal action before doing so to provide sufficient time to make payment. They must not use threatening behaviour to recover debts – this applies to anyone, such as sheriff officers acting on their behalf.

Factors must advise owners what the implications are for them if other owners do not pay. They must take all reasonable steps to recover debts before charging other, jointly liable, owners.

Charges for late payment must not be unreasonable or excessive (related to any cost the factor incurs rather than a penalty cost) and must be clearly identifiable on the relevant invoice.

There must be a procedure for dealing with disputed debts and this must be applied consistently to all owners. If an owner goes to the First Tier Tribunal about the disputed debt, the factor cannot charge interest on the payment while the case is being resolved.

From here