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MSP’s new bid to stop rip-offs by factors
 

by Brian Currie

A FRESH bid is being made to crack down on rogue factors who rip off householders.

Maryhill MSP Patricia Ferguson has introduced a Bill at Holyrood that forces property management firms to register before they can operate.

It would also set up a system of dispute resolution between homeowners and factors to avoid costly court cases.

Ms Ferguson said she was surprised at the lack of regulation governing factors and added: "For some unscrupulous ones, this is a licence to print money."

She was supported by Mike Dailly, senior solicitor at Govan Law Centre.

He said: "What you have is a situation where these guys are totally unregulated and can do what they like."

More than a third of all homes in Scotland are in shared buildings - multi-storey flats, four in a block' or tenements.

In Glasgow, the figure rises to over 96%, with factors to look after common repairs, such as roofs, close lighting, general cleaning and maintenance.

Mr Dailly said he was dealing with an increasing number of cases with people regularly being sued for thousands of pounds. One had reached £7000.

He said much of the debt accrued because factors were "scamming" people by charging them for reminders sent at a cost of more than £17 every five days.

The average monthly management' cost charged by factors was around £10, he said.

When a dispute arose and a bill was not paid within a couple of weeks, the reminders were sent.

He said: "Clients have been sent them every five days. Over a year that amounts to £1286.

"They also charge compound interest on the charges, which works out at 34% over 12 months, coming to a total of £1723 a year just in charges.

"Irresponsible factors have been ripping off people for too long. Because they are totally unregulated they've turned themselves into debt collectors."

Ms Ferguson's Property Factors (Scotland) Bill was originally introduced by ex-Govan MSP Gordon Jackson, but it fell when he was not re-elected.

The consultation runs until January 20.

Govan Law Centre has a website (www.factorcharges.info) for people with factor problems.

Publication date 23/10/07

Posted by: People Power, Glasgow on 12:52pm Tue 23 Oct 07

If this is truly happening, and not just an idea at this stage then I would welcome any clamp down on the ridiculous exorbitant prices charged by factors, who do the absolute minimum in maintaining their flats and public areas, closes, and back courts.

The factor I've had experience with which is one of the biggest in Glasgow H***ing & P***rson - guess the rest, have done less than nothing for our tenants, and charged far higher prices than the optional housing associations factoring charges.

People need to put their foot down too, look at their options for factors, and see that if they get together as neighbours on issues like this they can often get better levels of service, and cheaper factoring bills.

A majority vote of those in ( i.e.) a close is all thats needed to start the ball rolling, and change over to a cheaper alternative.

By being pro-active like this, we can send a message to those Private Factors that we are not prepared to pay for such a minimal service.
Posted by: HOLY WILLIE, GLASGOW on 1:18pm Tue 23 Oct 07
THIS ARTICLE IS A SCANDALOUS SLUR ON FACTORS WHO IN GENERAL DO AN EXCELLENT JOB AND ONLY CHARGE ENOUGH TO COVER THEIR COSTS AND MAKE ENDS MEET GOD BLESS OUR HARD WORKING FACTORS
Posted by: People Power, Glasgow on 1:23pm Tue 23 Oct 07
Did somebody say something Zzzzzzzzz!!!
Posted by: ex labour voter, glasgow on 4:55pm Tue 23 Oct 07
I never use GHA for any repairs, I did once and was robbed. never again will I let this incompetant bunch of chancers anywhere near my property .Their workers ruptured a water pipe in a tennents loft then they sent the home owners a bill for £50.00 each to pay for the damage they caused.
Posted by: People Power, Glasgow on 5:41pm Tue 23 Oct 07

Heard stories about GHA sending ghost bills for work that was never carried out. And at an official public meeting of The Glasgow Residents Network. See: http://glasgowreside
nts.wordpress.com/

Note how links / URL's always appear fragmented - wonder why that is ? Hmmm!

But - GHA is one of the culprits for overcharging, of that you can be sure!
At least G.C.C. could be held more accountable for their stock handling, and factoring in terms of being elected or not ? Maybe they didn't like the thought of losing their seats when they sold off their housing down the river!
Posted by: AndrewM, Shawlands, Glasgow on 6:52pm Tue 23 Oct 07
Holy Willie I take it your tongue is firmly in cheek or you work for a factor. My block has a fantastic factor who can manage the property without visiting it for 5 years, can manage to always find contractors who are double the cost of most others and who expects the owners to check the quality of the work done by the contractors.

One thing that should be clearly outlawed is any form of rebate or hidden payment made to factors by contractors for winning work. There needs to be a national standard introduced to ensure quality of service and a dispure resolution service.
Posted by: leesome, Glasgow on 2:21pm Wed 24 Oct 07
Having seen what the GHA charge for factoring services in my own are: equates to over ten thousand pound a year over less than forty dwellings. Those GHA don't pay but the private tenants do, its an absolute scandal, how can they charge rent and not show a factor's charge. We waited weeks for rubbish to be clearred and had to watch this paper advertise the GHA as a good land lord, nice bit of cash there for you newspaper... My LHO is an jest, common sense tells you what tenants want, even when they do approach they ignore issues, it for the tenants to decide; no point in employees is there? Could mention the dog dirt on the stairs, but then the GHA LHO and GCC EPO have seen the ****; we as tenants have been eating it form them for years..
Posted by: rgtrrgtr, netherlee on 3:51pm Tue 30 Oct 07
most factors are all in the same boat, fees too low, so they need to generate income from other items. and what they want to do is to invest in other things - factoring is a "cash cow".

the things they can get up to include
a)being their own insurance agent (15-40%),
b)keeping settlement discounts - rates vary from 2% to 40%. they pay the contractors less and charge for the full invoice.
c)affinity and like agreements whereby for example scottish power will pay the factor NOT to change provider rumoured to be upto 40%.
d)placing work with companies they own for costs in excess of the market.
e)arranging equipment leases, e.g. for door entryphone equipment, which is often paid for by the owners/tenants anyway - can be in excess of £100 per flat per year for kit worth less than that.

these are all LEGAL but contravene the code of conduct of the property managers and factors association.

all you have to do is to have a contract which allows you INDEPENDENT access to their boooks. many factors offer an audit certificate (by their OWN auditors!)

regulation is required together with FAIR application of the rules.
Posted by: dorothygarnham, glasgow on 1:23pm Sun 11 Nov 07
I can fully sympathise with the majority of owners who have encountered rogue factoring companies. The best way to stop them is to change factors. Owners should set up their own "Owners Association" this means that all owners become members of the association upon purchase of the property. An "owners association" can be set up with a majority vote of all owners. Once an "owners association" has been set up, then a Bank Account needs to set up with at least 2 signaturies to the account. If owners feel they don't have enough information or expertise to run their own association they can appoint a factor or property management company to help them run the basic day to day running of the property site as well as any major works or repairs that are needed. Having an "owners association" gives all owners the right to voice their own opinions with regard to communal issues, you get to vote on what's important to your property site, the majority vote stands with you and not the factoring or property management company. As with any investment, your home is probably the biggest asset you own , if you don't take an interest in it, the value of it can go down,so why wouldn't you use a service of a good property management company? An "owners association" means that if you choose the wrong factor or property management company, you give them notice of termination and choose a different one. A Notice of Termination of Services should always be written to contract when employing the services of a Factor or Property Management Service. I have a series of individual properties that I personally own and have managed these along with other residential units, to date I can promise you I have not had one single complaint. Giving owners the information they require about their property and how to manage it results in one of two things: 1: They respect and thank you for the information and your expertise in advising them then go on to manage their own site or 2: They respect and thank you for the information and your expertise in advising them and appoint you to manage their property site for them. I would be happy to answer any one else view on this.

Dorothy
Posted by: Euan Wilson, Finnieston on 10:17pm Thu 21 Aug 08
I own a 5 year old Barratt flat in Finnieston which is factored by Peverel. I received a letter today from the factor proposing to use a company to renew the carpets in the communal areas. The letter only contained one quotation which was at a cost of over £300 for each flat! This seems to be totally excessive and the carpets don't even need to be replaced anyway.

I would have thought that the factor should be obtaining 2 maybe 3 quotes for major works before putting them to the owners.

Otherwise, how are we to know that the factor isn't just using a company it has a cosy relationship with to line their pockets?

I am really annoyed at this as I get the feeling that this factor thinks it can just continually extract money from people without any regard to the budget of the average home owner.

Needless to say, I'll be voting against this but I would be pleased to receive any comment from people about this.

E. Wilson
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