Factoring advice/information wanted please - SCOTLAND

[sharkfin]

Hi,

 

Is there a section anywhere here for dealing with rogue factors and factoring problems? I'm looking for advice and information about how to deal with the company who act as factors for our tenement building; specifically, what laws I can quote in my correspondence with them and what laws I can quote in my correspondence with any debt collectors that they might set on me while I am still disputing several bills...

 

(I think factors are unique to Scotland which is why I'm posting this here, if it's in the wrong place I do apologise and would someone please direct me to the right spot. Many thanks...)

[maroondevo52]

Hello and Welcome, sharkfin.

 

I'll move this thread to a Forum where hopefully you'll get some help.

 

Regards.

 

Scott.

[sharkfin]

Hi Scott, and thanks...

After receiving several letters from our factors threatening legal action against me for non-payment of bills which I was still disputing, I called their bluff and sent them a letter saying I would welcome legal action as I believed THEY were the ones guilty of several offences. Haven't heard anything from them since...

[Transparency]

Great method of calling their bluff - will consider that myself after receiving a similar letter

[sharkfin]

Hi Transparency...

 

This was a really long drawn out piece of nonsense and it's long finished, but I'll tell you the story as you're obviously in a similar boat right now.

 

In doing some investigation, I found out that the guy who ran our factoring company also ran the building company that the factors had recommended for a (very poor quality) £12k roof repair on our building. The building company's address was a corner shop premises and their phone number was the home phone of the guy who ran the factoring company. They had charged VAT, but looking through receipts and invoices, they didn't give a VAT number, so that was how I went after them. I wrote to them several times requesting an itemised invoice with VAT details, and when they failed to provide that I reported them to the Inland Revenue's complaints department, who I have to say were not the most helpful people to deal with, then to Glasgow City Council, who didn't really want to know, and then to Trading Standards, who were sympathetic but told me that factors could basically do what they wanted as they weren't covered by any specific legislation, only voluntary codes of practice...

 

Anyway, I never got any money back from our shoddy factors, but my repeated snippish letters did send them packing and they never got any more money out of me despite repeatedly threatening legal action against me to recover the 'debt'.

 

I think that this was probably an extreme case of shoddy factoring dishonesty, as most factors I hear about tend to be overpriced, careless and incompetent rather than downright crooked, but it's taught me a lesson for the future. Though unfortunately I am now so distrustful of all factors that our building has remained unfactored for the last two or three years and is slowly falling into a state of mild neglect, which also irks me greatly. Ho hum...

[Transparency]

Hi Transparency...

 

This was a really long drawn out piece of nonsense and it's long finished, but I'll tell you the story as you're obviously in a similar boat right now.

 

In doing some investigation, I found out that the guy who ran our factoring company also ran the building company that the factors had recommended for a (very poor quality) £12k roof repair on our building. The building company's address was a corner shop premises and their phone number was the home phone of the guy who ran the factoring company. They had charged VAT, but looking through receipts and invoices, they didn't give a VAT number, so that was how I went after them. I wrote to them several times requesting an itemised invoice with VAT details, and when they failed to provide that I reported them to the Inland Revenue's complaints department, who I have to say were not the most helpful people to deal with, then to Glasgow City Council, who didn't really want to know, and then to Trading Standards, who were sympathetic but told me that factors could basically do what they wanted as they weren't covered by any specific legislation, only voluntary codes of practice...

 

Anyway, I never got any money back from our shoddy factors, but my repeated snippish letters did send them packing and they never got any more money out of me despite repeatedly threatening legal action against me to recover the 'debt'.

 

I think that this was probably an extreme case of shoddy factoring dishonesty, as most factors I hear about tend to be overpriced, careless and incompetent rather than downright crooked, but it's taught me a lesson for the future. Though unfortunately I am now so distrustful of all factors that our building has remained unfactored for the last two or three years and is slowly falling into a state of mild neglect, which also irks me greatly. Ho hum...

 

That is shocking Sharksfin and I understand why your development is in the position it's in. I have sent you a private message - would be good to have a chat with you.

[Ed999]

I can confirm that factors of this type are unique to Scotland, and that this thread does not apply to properties in England and Wales.

 

In the context of shorthold tenancies, the problems discussed in this thread do not arise: the landlord is always liable for structural repairs, under section 11 of the Landlord and Tenant Act 1985.

 

In a long residential lease, granted for more than 21 years, service charge disputes frequently arise, due to negligent or dishonest landlords ripping off the lessees by over-charging, or neglecting the property. These disputes often involve breaches of the 1985 Act, which only applies to properties within England and Wales.