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All factors must sign up to our charter
 
Patricia Ferguson:
Patricia Ferguson: "The Evening Times is providing an important public service in highlighting this issue"
 
 
Lawyer Mike Dailly said our campaign was already making a difference
Lawyer Mike Dailly said our campaign was already making a difference
 
Nicola Sturgeon gave her full support to our campaign
Nicola Sturgeon gave her full support to our campaign
 

by Marianne Taylor

THE Evening Times today calls on all factors to sign up to our charter and offer a fairer deal to thousands ofGlasgow residents.

We want every factor - from big property management operations and housing associations to small, family-owned firms - to back our pledge to give homeowners a better deal.

And we want every homeowner with a factor to urge them to adopt the charter for change.

Since we launched our campaign against shoddy factors earlier this week, we've been inundated with support from readers.

Sick of paying for poor service? Then fire your factor

THE law says that in most circumstances you can sack your factor and replace them with someone better.

But few residents know how to go about it or have the time for a protracted battle with a factor facing losing valuable business.

So how do you sack your factor? Here are some tips:

  • Ask around to identify a good factor or contact other factors to give you a quote and services summary before making the choice.

  • Ask them to give you a clear and concise contract containing the services they will provide.

  • Check the title deeds to your home which may contain rules on how to appoint and replace your factor. One thing to check is whether a straight majority of, for example, people in your tenement, is required or whether all home owners need to be signed up.

  • Check to see whether your terms and conditions require you to give a particular period of notice.

  • After discovering the numbers required, call a meeting of owners and put together a letter along the following lines: "We, the owners of the property known as X, met on X date and resolved to terminate your appointment as property factor in terms of our title deeds. We hereby give you X months notice."

    Make sure the required number of owners sign, make a photocopy and send the original to your factor by recorded delivery post.

  • If your title deeds don't make provision for replacing your factor don't worry.

    Section 4 of the Tenements (Scotland) Act 2004 provides a way out. Simply word your letter along the following lines: "We, the owners of the property known as X, met on X date and resolved to terminate your appointment as property factor in terms of the Tenements (Scotland) Act 2004.

    This decision is effective forthwith."

    Make sure a majority of owners consent to this course of action and sign the letter - make a photocopy and send the original to your factor by recorded delivery post. Remember - either your title deeds or the 2004 Act will give you the legal right to terminate your factor's appointment.

    However, some home owners factored by GHA and other housing associations may not be able to sack their factor. If you are unsure of your position check your deeds and with your factor.

  • And today we reveal cross-party political support for our bid to get customers a better deal from their factor.

    It's clear from the hundreds of phone calls, letters and e-mails we've received that bad factoring is a massive issue.

    We've featured just a few horrendous examples of poor service and high charges - some so exorbitant they could lead to people losing their home.

    It's obvious homeowners want change - and they want a fair deal from their factor.

    We think our charter - and the measures being proposed in a parliamentary Bill by Maryhill MSP Patricia Ferguson - will change the way factors operate for the better.

    It represents a clear, concise agreement that no good factor will refuse to sign.

    If your factor refuses to sign up to this fair, comprehensive charter, ask them why - and let us know who they are so we can ask them, too.

    We are also supporting Ms Ferguson's Bill, which would lay down factors' obligations in law.

    It would require all factors to be registered and is now out for public consultation.

    In order to be registered, factors would have to meet fair basic standards laid down by the public, politicians and housing experts.

    If they didn't meet the standards, they'd lose their registration and could be stopped from operating.

    The Bill also proposes an accessible form of mediation that would stop our courts being clogged up with factors suing their customers in a bid to get cash out of them, or in many cases trying to make them bankrupt.

    Independent adjudication would be a key part of this.

    Ms Ferguson fully supports our campaign - and wants to hear from Evening Times readers.

    She said: "The Evening Times is providing an important public service in highlighting this issue and the information it has revealed will help to shape the legislation I am proposing.

    "I would encourage anyone who has had problems with a factor to take part in the Bill consultation and I'm very grateful to the Evening Times for its important contribution to the campaign.

    "I would also like to hear the views of Evening Times readers as part of my consultation."

    Glasgow lawyer Mike Dailly, who campaigns against rogue factor practices, said the Evening Times' campaign was already making a difference.

    He said: "I congratulate the Evening Times for lifting the lid on an industry which has got away with daylight robbery.

    "The days of Dick Turpin factors riding roughshod over Glaswegians are coming to an end - thanks to the Evening Times' campaign and Patricia Ferguson's Bill.

    "The Evening Times' investigation has revealed some shocking stories of shoddy practice, financial rip-offs, and the bully-boy exploitation of vulnerable families.

    "The huge public response to this campaign has confirmed these problems are pandemic in Glasgow.

    "The Evening Times' charter represents best practice and is necessary to provide the public with a fairer deal.

    "I believe the charter will cause no problems for good factors but will represent a shock to the system for those businesses who are scamming the public.

    "Change is needed and the charter will separate the wheat from the chaff when it comes to a fair service for a fair price.

    "Which companies will sign up to the charter? That's the challenge the Evening Times has presented.

    "For those that do sign up there will surely be the opportunity of new business as the charter will help people identify Glasgow's best factors."

    There is also cross-party support at the highest level for our campaign - and our charter.

    Deputy First Minister Nicola Sturgeon, who has been involved in many of her constituents' battles with factors in Govan, has added her full support.

    She said: "This is a very important and legitimate issue for the Evening Times to raise.

    "I have a number of cases in my constituency where the practices of some factors are clearly unacceptable.

    "We need more regulation and accountability and we are looking at various options on how that can be delivered."

    Glasgow MSPs Bill Butler and Pauline McNeill also voiced their support.

    And Springburn Labour MSP Paul Martin said: "This is a fantastic campaign and I want every factor in the city to sign up to the Evening Times Charter.

    "What I've read in the paper this week reflects the frustration felt by so many people in our city.

    "We need to go as far as possible and bring an end to cowboy factors forever."



    View our Charter here

    Publication date 08/02/08


    Posted by: greenie, Glasgow on 2:58pm Fri 8 Feb 08
    Congratulations to the Evening Times for running a fantastic campaign this week and producing a fair Charter of rights for both homeowners and factors. Excellent! And well done to those Glasgow MSPs who have backed the Charter from across the political parties. Progress is coming.
    Posted by: roor06, glasgow on 3:10pm Fri 8 Feb 08
    Fantastic News ...
    Posted by: Schtum, Glasgow on 3:14pm Fri 8 Feb 08
    Ok...
    So the the Evening Times runs a campaign that basically rubbishes an entire industry and then tells that industries members to sign up to a charter.
    That's an interesting way to "make friends and influence people".
    I'm not entirely sure that I would subscribe to that approach myself, but then again, I like to think that there are often two sides to any argument. ;-)
    That said, there will always be rogue elements in such a diverse group.
    But it's a shame that the ET didn't see fit to spend some time reporting cases where factors have helped residents in times of need....
    What would that have been called...
    Oh yes, balanced reporting. ;-)
    Posted by: wattaj, Glasgow on 3:27pm Fri 8 Feb 08
    Ask around to identify a good factor or contact other factors to give you a quote and services summary before making the choice.
    Good advice.
    Whenever people would like to recommend a good factor, I hope that they will drop by Rate Your Factor and let us know...

    www.RateYourFactor.c
    o.uk

    Looking forward to an easier life for everyone.

    Shameless self promotion. ;-)
    Posted by: greenie, Glasgow on 3:47pm Fri 8 Feb 08
    To: Schtum

    Balanced reporting you say, but it's not for you or anyone else to set the parameters of someones investigation.

    The Times has been doing an inquiry into shoddy and bad practice. The investigation is not into wonderful practice, possibily because those who enjoy good service don't need protection. Your complaints seem quite irrelevant, and if I may say a little sour grapes?
    Posted by: ex labour voter, glasgow on 3:47pm Fri 8 Feb 08
    Pity ms ferguson did not SEE FIT to intervene when her pal wee wendy gave GHA the right to walk all over home owners.
    I really don't think this mickey mouse charter will change a thing.
    Nowt but more labour soundbites I'm afraid.
    Then again I might get a surprise but I wont be holding my breath.
    Posted by: Schtum, Glasgow on 3:50pm Fri 8 Feb 08
    I really don't think this mickey mouse charter will change a thing.

    More to the point...
    Where is this charter exactly?
    I would have thought that someone at the eT would have considered publishing it...
    Then again, it is after lunchtime on a Friday. ;-)
    Posted by: greenie, Glasgow on 3:52pm Fri 8 Feb 08
    ex labour voter wrote:
    Pity ms ferguson did not SEE FIT to intervene when her pal wee wendy gave GHA the right to walk all over home owners. I really don't think this mickey mouse charter will change a thing. Nowt but more labour soundbites I'm afraid. Then again I might get a surprise but I wont be holding my breath.
    The story says it has cross-party support ex labour voter - so why get party political? SNP and Labour.
    Posted by: Schtum, Glasgow on 3:55pm Fri 8 Feb 08
    greenie wrote:
    To: Schtum Balanced reporting you say, but it's not for you or anyone else to set the parameters of someones investigation. The Times has been doing an inquiry into shoddy and bad practice. The investigation is not into wonderful practice, possibily because those who enjoy good service don't need protection. Your complaints seem quite irrelevant, and if I may say a little sour grapes?
    As you like, but I'm not convinced that you understand the concept of an investigation.
    But it gets better, you don't even understand the value in identifying what good service is and where it's being delivered.
    Posted by: greenie, Glasgow on 3:59pm Fri 8 Feb 08
    As you like, but I'm not convinced that you understand the concept of an investigation.


    No, you are trying to assert YOUR concept of an investigation. If factors sign up to the Charter then good service will be identified.

    Posted by: ex labour voter, glasgow on 3:59pm Fri 8 Feb 08
    You have to laugh at the kiddy on concern from the labour msp,s , they shoved this sh*te on to home owners and have ignored the problem for 8 YEARS.How many people have lost their homes whilst labour sat back and did hee haw.
    I echo the sound of a Glasgow labour coonsilor,Thank god for the SNP.
    Posted by: Schtum, Glasgow on 4:04pm Fri 8 Feb 08
    If factors sign up to the Charter then good service will be identified.
    So, good service will be identified after people sign up to a charter...
    Interesting...
    So you've no idea what consitutes good service before you begin the process of recruting.
    Yes, a very interesting position to take.
    I think that you need to lie down.
    Must have been a long lunch...
    Do you work in the public sector?
    Posted by: greenie, Glasgow on 4:14pm Fri 8 Feb 08
    Schtum, getting personal is a non sequitur .

    Investigations into substandard pratice do not generally focus on best practice; rather they focus on the problem.

    My understanding of the process is to expose bad practice.

    The Charter would seem to represent good service? Do you agree or disagree? If so, why?

    The fact the Evening Times is suggesting a Charter of good practice means that if a factor is prepared to sign up then the public will get a visible indication that that business is prepared to adhere to good industry standards.

    If you work for a factor (and you may not) is your company prepared to sign up? If not why not? Please address the substantive issue Schtum.
    Posted by: Schtum, Glasgow on 4:19pm Fri 8 Feb 08
    greenie...
    Wikipedia your new best friend?

    I say again, where is this charter and what does it contain?

    If it does indeed exist, then it is a serious ommission to have not listed any of its guidelines.
    Posted by: greenie, Glasgow on 4:25pm Fri 8 Feb 08
    It's in the paper Schtum. Last time I checked the Evening Times was a UK registered newspaper that anyone can purchase from a variety of street vendors and multiplicity of newsagents in our fair City, for 40 pence.
    Posted by: ex labour voter, glasgow on 4:29pm Fri 8 Feb 08
    What 40p for this rag ,you must be joking.

    What a rip off.
    Posted by: KOSH, glasgow on 4:29pm Fri 8 Feb 08
    I have suffered at the hands of a factor and they have gone out of there way to make it impossible for us to sack them. From talking to others in in communal properties no one has a perfect factor but they do at least do a job for them, 4 years, no work carried out on the property, a bill for over £4500 , not adding up!
    Schtum, I think we all know that there are two sides(or more) every story but the fact for me is my dealings with my factor have been unproductive and stressful.
    Posted by: mulross, Glasgow on 4:29pm Fri 8 Feb 08
    But it's a shame that the ET didn't see fit to spend some time reporting cases where factors have helped residents in times of need...


    You mean cases where factors actually did what they were paid to do? Since when did newspapers run stories on people (factors or anyone else) actually doing their job?

    Unless of course you mean instances of factors going above and beyond the call of duty and helping residents out of the the goodness of their hearts and taking any money for it? Please tell - that would really make the headlines!
    Posted by: roor06, glasgow on 4:33pm Fri 8 Feb 08
    Power to the People ...
    Posted by: Scotia, Lanarkshire on 4:35pm Fri 8 Feb 08
    I welcome the Evening Times Charter and the efforts of Patricia Ferguson.
    All too often factors offer virtually no service to their customers,do not consult and ignore complaints.
    In the case of the development I live in the factors main consideration seems to be simply to provide well paid jobs for their staff.
    They do not supervise or respond to complaints about the standard of work of contractors they employ.
    Cash (provided by the residents) and held by them for redecoration is held back and long overdue redecoration is delayed presumably while the cash gathers interest for the factor.
    Any threat by a resident to withold part of the bi annual service charges until work is carried out results in threats to involve debt collectors and additional charges.
    Complaints are routinely ignored.
    Anyone out there recognise their company?
    Posted by: mulross, Glasgow on 4:36pm Fri 8 Feb 08
    Oops - obviously I meant "not taking money" in my previous post.

    And there is a link to the charter at the bottom of the article.
    Posted by: Schtum, Glasgow on 4:39pm Fri 8 Feb 08
    And there is a link to the charter at the bottom of the article.
    Good spot...
    Thanks for that.
    Repeated here for others that missed it:
    http://www.eveningti
    mes.co.uk/charter
    Posted by: Schtum, Glasgow on 4:44pm Fri 8 Feb 08
    Note to self: "Moral high ground can be quite shaky."
    Posted by: ex labour voter, glasgow on 6:57pm Fri 8 Feb 08
    Posted by: Scotia, Lanarkshire on 4:35pm today
    "I welcome the Evening Times Charter and the efforts of Patricia Ferguson" .What effort ?
    What has she been doing for the last 8 years?
    Posted by: drunkmonkey, glasgow on 8:23pm Fri 8 Feb 08
    what a load of rubbish this is , if they all sign up for this there will be loads of self-factoring as everyone will selffactor and loads of buildings will end up dumps , where will Ferguson and Taylor be then ?
    Posted by: bluey, glasgow on 9:55pm Fri 8 Feb 08
    drunkmonkey wrote:
    what a load of rubbish this is , if they all sign up for this there will be loads of self-factoring as everyone will selffactor and loads of buildings will end up dumps , where will Ferguson and Taylor be then ?
    Indeed. Those triumphant at sacking their factors will find out that the communal areas of their properties will degrade and that owners take advantage of the lack of legal knowledge of those that volunteer their time.

    They will find that no-one wants to take responsibility for organising the self-factoring. Due to this, a large number of owners will stop paying towards the communal fund on the grounds that they aren't happy with the cleaning and repairs (the very services that they refuse to assist).

    Perversely, those owners who withold money often cite lack of proper management as reasons why they won't contribute towards the self-factoring fund.

    In other words, they won't pay because there isn't professional management of the property!
    They know that their neighbours are unlikely to take them to court, unlike a Factor, and they will enjoy being subsidised by the rest of the owners.

    Some factors may well be unprofessional and unethical but so are many owners when left to their own devices.
    Posted by: mam19, glasgow on 7:28am Sat 9 Feb 08
    factor W/S are one of the worst I checked every bill that came in as thier was something wrong with most of them again charging for work not carried out or shabbly done I would not pay direct payment but standing order as I could control what bill was right they have allowed some tenants to run up bills in thousands before they do anything about it also if you manage to get the name of some of contractors that some of our tenents did you find out they were not paying thier bills and they withdrew thier work. they no longer are our factors also I am in credit of 180pounds but they will not give me it back as they say its for others bills who they allowed to run up bills also some people were withholding payment due to quering work not done so if they get money back do they come back to the people in credit and return it even when they no longer factor them I think not
    Posted by: greenie, Glasgow on 9:57am Sat 9 Feb 08
    Bluey & Drummonkey.

    The idea is to sack the bad factor and appoint a good factor. Some title deeds require you to have a factor, other don't. If people want to self-factor, then that will only work (as you point out) if you have folk willing and able to take on the work. If not, then appoint a good factor.
    Posted by: naylabour, glasgow on 6:11pm Sat 9 Feb 08
    Schtum wrote:
    Ok... So the the Evening Times runs a campaign that basically rubbishes an entire industry and then tells that industries members to sign up to a charter. That's an interesting way to "make friends and influence people". I'm not entirely sure that I would subscribe to that approach myself, but then again, I like to think that there are often two sides to any argument. ;-) That said, there will always be rogue elements in such a diverse group. But it's a shame that the ET didn't see fit to spend some time reporting cases where factors have helped residents in times of need.... What would that have been called... Oh yes, balanced reporting. ;-)
    How about a charter that gets newspapers to sign up to agreening not to blatently support any one particular political party no matter how inept they are...Anyone...No...
    !?????
    Posted by: Reader, Glasgow on 7:29pm Sat 9 Feb 08
    Imagine an article about “Rogue Factors” and 'Loss & Fiddell's name appearing!!! i have had the misfortune of dealing with Loss & Fiddell for a number of years and they give a shoddy service to their customers,they only remain as Factors in most Tenements because of lethargy that exists amongst most owners and it is this fact that Loss & Fiddel feeds upon.

    They only use a select “Cleek” of contractors whose work is NEVER the cheapest they get one quote for a job and send the owner a letter stating “This is the lowest quote we obtained” i don't think so, why can't the owners get the yellow pages out and get the job done and the bill sorted out via Loss & Fiddell ? Of course the answer is Loss & Fiddell would miss out in their little backhander wouldn't they!
    Work carried out by Loss & Fiddel is never guaranteed and if it needs re-done (which it does quite often) the owners receive another bill!!

    We have had occasions when a bill appears for work never carried out but it is only when you dispute that the work was never done that you then get the bill cancelled – what would happen if you just payed up? Would Loss & Fiddel return the money?

    If you try and dispute a bill you usually get fobbed off with the Loss & Fiddel book of excuses with usual “We will send you a reminder with £15 Added plus interest.
    Loss & Fiddel operate at best when harassing the elderly the infirm and children,just stand up to them and perhaps we can motivate others (and ourselves) to change to other reputable Factors and put this scum out of business.

    I bet they do not sign up to the Evening Times Charter as everything it stands for, Loss & Fiddell doesn't, keep up the good work ET and let's make sure we run these chancers out of town.

    Posted by: tiberious, Glasgow on 10:22pm Sat 9 Feb 08
    mam19 - PUNCTUATE for God sake! Get on to your factor, tell them you need that £180 back so you can sign up to some remedial english classes. Honestly!
    Posted by: The X Factor, Glasgow on 10:49am Sun 10 Feb 08
    i made a few posts on this last week and I thought all of the contributers had a good and lively debate. Obviously there are issues as in everything where we need to pay for services. fair landlords/factors/ow
    ners and rogue landlords/factors/ow
    ners.

    None of the balance came out in the ET however. Good old Marianne has obvioulsy pre-judged the "investigation" and the "outcome" and now presses on with this ridiculous charter idea. Newsflash again marianne, on the council and housing association side, they are already one of the most heavily regulated sectors in the public sector.

    I am, frankly, embarrassed to look at the populist politicians trying so hard to jump on what they think would be a vote winning bandwagon. maybe they would be less keen if the tenants who subsidise those (far and away not all btw) owners who expect them to pay their share of the bills for the proper upkeep of everyone's property.

    Dailly is beneath contempt for his intemporate language and his willingness to act against tenants. Have a good hard and honest look at yourself and your outpourings on this one Mike, I assume you have loads of mirrors in your nice warm dry well maintained lawyers salaried house.
    Posted by: The X Factor, Glasgow on 11:01am Sun 10 Feb 08
    roor06 wrote:
    Fantastic News ...
    A good example of someone who, on here last week, produced no ideas on how buildings and estates in common ownership could be realistically maintained with a system other than factoring and then simply resorted to insulting other posters as he had no other arguments.

    he now says "Fantastic News" like some diddy in a crowd cheering a celeb just because. Just because what? JUST BECAUSE! (actually he probably owes £9 or something.
    Posted by: leesome, Glasgow on 3:09pm Sun 10 Feb 08
    Could the Evening ask on behalf of a readers: How can the Glasgow Housing Association morally give away a debt, in full knowledge that to do so increases the amount owed. When the Scottish Provident was created via an Act of this Scottish Parliament, surely it was not incorporated as to burden Scottish citizens' further.

    So why when the GHA incorporated a private limited company, a for and with profit company. Why did the Parliament not step in to plug that gap and veto any Scottish Provident from milking private tenants. Would appear that the Scottsih Parliament would wish to see those houses returned to the Scottish Provident by way of unfair means?

    Collection of rent is not-out-with any LHO. So why not return factoring to an LHO, who in turn can return debt collection to GHA at Granite House. Any tenant having issue concerning Rent or factoring charges could then contact an LHO, they could shield a tenant if genuine cause was laid. Instead currently the LHO officers spend time debt collecting, worse still this excellent opportunity to visit a property is ignored, the officers take no sight of the issues they are employed to tackle (LHO South Maryhill).
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