Decree against me! Advice please?

[Legend Claws]

I have recently returned from a year overseas during which I was renting my flat out via a property management company. My block of flats is factored etc and the company that manage this had been sending bills to my flat for some ad-hoc repairs/maintenance. My tenants decided to ignore these letters (my responsibility to pay the bill but they should have passed the letters to my management co) and it wasn't until a letter was somehow forwarded to my fiancee's Mum that we were aware of any bill. It was subsequently paid in full four days later and the payment was acknowledged by the solicitor collecting the 'debt' on behalf of the factor. So imagine my horror when re-negotiating my mortgage to be told that I cannot get any credit due to a Decree from Life Property Management. Basically I feel this is unjust as a) I was out of the country and can prove this The bill was paid as soon as we were aware of it c) My previous credit history is perfect and they can hardly accuse us of trying to avoid the bill.

 

Apparently I have to apply to the Sheriff Court for a 'Minute of Review' at a cost of ?75 in order to appeal the decree and potentially remove it from my credit history. Has anyone been through this process and was it successful?

 

Any help would be massively appreciated...

[Bigsmak]

You can add information to your own credit report. I would speak to an IFA about the best way to do this (or the Citizens advice). Also I am sure the people that put the Decree against you have the power to edit it so try speaking to them.

 

I think I got hold of my credit report at Equifax http://www.equifax.co.uk/Products/products.html that I used.

[frankblack]

I have recently returned from a year overseas during which I was renting my flat out via a property management company. My block of flats is factored etc and the company that manage this had been sending bills to my flat for some ad-hoc repairs/maintenance. My tenants decided to ignore these letters (my responsibility to pay the bill but they should have passed the letters to my management co) and it wasn't until a letter was somehow forwarded to my fiancee's Mum that we were aware of any bill. It was subsequently paid in full four days later and the payment was acknowledged by the solicitor collecting the 'debt' on behalf of the factor. So imagine my horror when re-negotiating my mortgage to be told that I cannot get any credit due to a Decree from Life Property Management. Basically I feel this is unjust as a) I was out of the country and can prove this The bill was paid as soon as we were aware of it c) My previous credit history is perfect and they can hardly accuse us of trying to avoid the bill.

 

Apparently I have to apply to the Sheriff Court for a 'Minute of Review' at a cost of ?75 in order to appeal the decree and potentially remove it from my credit history. Has anyone been through this process and was it successful?

 

Any help would be massively appreciated...

 

I would threaten Life Property Management with legal action unless they withdraw the decree. I would consider threatening them with slander and casting unsound allegations against your character.

 

You can easily prove the case and they haven't made proper efforts to contact you through your tenants.

 

While you are at it, I would also consider legal action against your (former?) tenants as they have neglected their duties of care to the property.

 

I live in a block of 6 flats and one is rented. When a roof needed a repair it was murder getting the tenant to provide their landlord's contact details for payment of that flat's share.

 

I really do think the law should be changed in a way that tenants are fully liable for the maintenance of the property (factor charges, etc.), but must claim the costs back from their landlord. I really don't think it is fair that Mr/Mrs lazy slob can just ignore valid requests for money and not forward correspondence on to their landlords.

[Peebo]

I would threaten Life Property Management with legal action unless they withdraw the decree. I would consider threatening them with slander and casting unsound allegations against your character.

 

You can easily prove the case and they haven't made proper efforts to contact you through your tenants.

 

While you are at it, I would also consider legal action against your (former?) tenants as they have neglected their duties of care to the property.

 

I live in a block of 6 flats and one is rented. When a roof needed a repair it was murder getting the tenant to provide their landlord's contact details for payment of that flat's share.

 

I really do think the law should be changed in a way that tenants are fully liable for the maintenance of the property (factor charges, etc.), but must claim the costs back from their landlord. I really don't think it is fair that Mr/Mrs lazy slob can just ignore valid requests for money and not forward correspondence on to their landlords.

 

Not sure I agree here. I would consider it to be the owner of the flat's responsibility. The fact they rent out their property should not absolve them of any of the responsibilities that other home owners have.

 

Looking at the original post, I wonder Bruno's Boots made alternative contact arrangements with the factoring company? I would have expected them to, and if they did, then they probably have a justifiable complaint against them. If not, then I don't really see a problem with what the factor apparently did - they demanded money from you that you were apparently due to pay, and you did not reply - the reason for your lack of reply is probably an irrelevance, had you not informed them in advance.

 

I am slightly confused, though; who are Life Property Management? The factors or the company used to rent out the property?

[DikT.]

Flee the country.........................................................

[Maximus]

He's already tried that one.

[Sherlock]

Not sure I agree here. I would consider it to be the owner of the flat's responsibility. The fact they rent out their property should not absolve them of any of the responsibilities that other home owners have.

 

Agreed.

 

A register of letted residential properties should be in place whereby, by law, if you rent your flat / house out you must register the property and either your or your representatives contact details so they can be available for public viewing.

[Therapist]

I would threaten Life Property Management with legal action unless they withdraw the decree. I would consider threatening them with slander and casting unsound allegations against your character.

 

You can easily prove the case and they haven't made proper efforts to contact you through your tenants.

 

While you are at it, I would also consider legal action against your (former?) tenants as they have neglected their duties of care to the property.

 

 

Classic barrack room lawyer-ism. The one about slander is my favourite.

[frankblack]

Classic barrack room lawyer-ism. The one about slander is my favourite.

 

Pointless attempt at a wind-up.

 

If someone puts a mark on your credit record because they were too lazy to investigate and won't remove it when proved to be wrong, then they are defaming your character.

[Therapist]

Pointless attempt at a wind-up.

 

It's no wind up.

 

First there is no such thing as slander in Scots law. Second, if a court of law has awarded a decree against someone then this is a fact, not defamation. Third, it's the property owner's responsibilty - as stated by the other sensible posters - to make sure he is contactable. I could go on but I don't see why I should give away advice that would otherwise be chargeable.

[frankblack]

Not sure I agree here. I would consider it to be the owner of the flat's responsibility. The fact they rent out their property should not absolve them of any of the responsibilities that other home owners have.

 

Looking at the original post, I wonder Bruno's Boots made alternative contact arrangements with the factoring company? I would have expected them to, and if they did, then they probably have a justifiable complaint against them. If not, then I don't really see a problem with what the factor apparently did - they demanded money from you that you were apparently due to pay, and you did not reply - the reason for your lack of reply is probably an irrelevance, had you not informed them in advance.

 

You misunderstood my post.

 

I agree that the owner of the flat takes responsibility, but my point is that lazy tenants do not pass on letters/bills, then there needs to be a way for them to be accountable instead of the landlord.

 

If you knock on the door of a rented flat in your block to arrange for a communal repair and the ****wit tenant tells you to bugger off, what do you do?

[frankblack]

It's no wind up.

 

First there is no such thing as slander in Scots law. Second, if a court of law has awarded a decree against someone then this is a fact, not defamation. Third, it's the property owner's responsibilty - as stated by the other sensible posters - to make sure he is contactable. I could go on but I don't see why I should give away advice that would otherwise be chargeable.

 

See my previous reply to Peebo's post.

 

In any case, I don't need legal advice from you, was trying to aid the OP.

 

The fact a decree has been awarded without trying to contact the owner is also a point in question. Perhaps unlike yourself I haven't got experience of being in trouble with the law, but I find it suspect that a court appearance can be arranged without physically passing the court documents to the defendant.

 

In any case, if documents were sent and ignored by the tenants isn't that something the tenants can be pursued for?

[frankblack]

Agreed.

 

A register of letted residential properties should be in place whereby, by law, if you rent your flat / house out you must register the property and either your or your representatives contact details so they can be available for public viewing.

 

Does any such register exist that the public can access?

 

It sounds like there needs to be such as system to contact landlords or leave messages online.

[Therapist]

was trying to aid the OP

 

I've no doubt you were trying to help him but your advice was - no offence - completely misleading.

[Sherlock]

Does any such register exist that the public can access?

 

It sounds like there needs to be such as system to contact landlords or leave messages online.

 

Nothing is in currently in place.

 

Given the number of rented property in this city, there is definitely a need for one.

[portobellojambo1]

Not sure I agree here. I would consider it to be the owner of the flat's responsibility. The fact they rent out their property should not absolve them of any of the responsibilities that other home owners have.

 

Looking at the original post, I wonder Bruno's Boots made alternative contact arrangements with the factoring company? I would have expected them to, and if they did, then they probably have a justifiable complaint against them. If not, then I don't really see a problem with what the factor apparently did - they demanded money from you that you were apparently due to pay, and you did not reply - the reason for your lack of reply is probably an irrelevance, had you not informed them in advance.

 

I am slightly confused, though; who are Life Property Management? The factors or the company used to rent out the property?

 

 

I would tend to agree with this. While I have a certain amount of sympathy with Brunos Boots situation I would think the responsibility lay with him to ensure he made arrangements with regards to mail delivery from specific companies should he be out of the country for any length of time, as in this case. Possibly giving them both the rented flat address and a third party address, to which any correspondence should be sent, would have ensured this problem did not arise in the first place.

[knoxyjambo]

I would threaten Life Property Management with legal action unless they withdraw the decree. I would consider threatening them with slander and casting unsound allegations against your character.

 

You can easily prove the case and they haven't made proper efforts to contact you through your tenants.

 

While you are at it, I would also consider legal action against your (former?) tenants as they have neglected their duties of care to the property.

 

I live in a block of 6 flats and one is rented. When a roof needed a repair it was murder getting the tenant to provide their landlord's contact details for payment of that flat's share.

 

I really do think the law should be changed in a way that tenants are fully liable for the maintenance of the property (factor charges, etc.), butclaim the costs back from their landlord. I really don't think it is fair that Mr/Mrs lazy slob can just ignore valid requests for money and not forward correspondence on to their landlords.

 

 

Threatening Life Prop Mgmt with legal action wont do any good, they obviously thought (in their eyes) they had the rite to sue and have went down the proper channels to do this.

 

If the court have granted the decree I dont think they could withdraw the decree even if they wanted to, I'd think the only way to change the decree would be to have it reduced in some way by going down the minute of review method as mentioned in the OP.

 

Best thing for the OP to do is to contact Law society who may be able to pass you on to a lawyer who specialises with these matters, contact citizens advice or perhaps even the sheriff court directly.

[frankblack]

I've no doubt you were trying to help him but your advice was - no offence - completely misleading.

 

Not entirely. I think we all agree he needs to see a lawyer (and/or CAB) in any case to get proper legal advice.

 

Still think the tenants attitude stinks and caused the problem, because I am sure he arranged a forwarding address with them and they ignored his mail.

 

In a sub-thread to this, from my personal experience I think there does need to be some public facility to contact landlords in the case of communal bills etc., as tenants can't be relied on to pass on messages.

[Peebo]

You misunderstood my post.

 

No, I understood it. I did not agree with it, though.

[frankblack]

No, I understood it. I did not agree with it, though.

 

So, do you think that lazy tenants should be allowed to get away without passing on important letters/bills to their landlord/management company?

 

I don't and that is what I am getting at. These people in my experience abdicate any personal responsibility for the maintenance of their flat - unless something breaks that inconveniences them e.g. washing machine, shower.

[Rudi Legend]

This is an important issue!

[Peebo]

So, do you think that lazy tenants should be allowed to get away without passing on important letters/bills to their landlord/management company?

 

I don't and that is what I am getting at. These people in my experience abdicate any personal responsibility for the maintenance of their flat - unless something breaks that inconveniences them e.g. washing machine, shower.

 

I absolutely understand where you are coming from. I live in a large complex of flats where the majority are not owner-occupied. There are all sorts here, including regular stag and hen parties, and some massive student flats.

 

In answer to your question, I think that the responsibility lies with the owner of the flat. If they do not have measures in place to ensure that such important letters and bills are redirected to themselves, then I hold them responsible, not the tenants.

[Legend Claws]

I would threaten Life Property Management with legal action unless they withdraw the decree. I would consider threatening them with slander and casting unsound allegations against your character.

 

You can easily prove the case and they haven't made proper efforts to contact you through your tenants.

 

While you are at it, I would also consider legal action against your (former?) tenants as they have neglected their duties of care to the property.

 

I live in a block of 6 flats and one is rented. When a roof needed a repair it was murder getting the tenant to provide their landlord's contact details for payment of that flat's share.

 

I really do think the law should be changed in a way that tenants are fully liable for the maintenance of the property (factor charges, etc.), but must claim the costs back from their landlord. I really don't think it is fair that Mr/Mrs lazy slob can just ignore valid requests for money and not forward correspondence on to their landlords.

 

Thanks for that advice, may have to look down that road. I accept that the mail going to the flat whilst I was away is still my responsibility, however there was an arrangement in place for the letting company employed by me to manage my property to periodically collect the mail. I do not feel that Life Property (who are the factors/management for the whole building) took appropriate action to contact us after no response, at the end of the day they know where the property is. They should have sent a letter to 'present occupier' as opposed to me and then my tenant could have passed it to my letting firm. It just seems like a pretty over the top measure and one that could affect me for the next 6 years.

[CAT]

I would also contact Letwise for advice, they're very helpful

 

http://www.edinburgh.gov.uk/internet/Housing/Private_tenants_and_home_owners/CEC_letwise

[frankblack]

Thanks for that advice, may have to look down that road. I accept that the mail going to the flat whilst I was away is still my responsibility, however there was an arrangement in place for the letting company employed by me to manage my property to periodically collect the mail. I do not feel that Life Property (who are the factors/management for the whole building) took appropriate action to contact us after no response, at the end of the day they know where the property is. They should have sent a letter to 'present occupier' as opposed to me and then my tenant could have passed it to my letting firm. It just seems like a pretty over the top measure and one that could affect me for the next 6 years.

 

It does sound like you have been hard done by.

 

If you read the posts above, you are going to need a Lawyer to get this resolved through the correct channels. Sounds like you have a case, and your letting company may be at fault for not collecting your mail.

 

Perhaps you should speak to the CAB first to get some free advice before hiring a lawyer, though (plus any of the free options listed in this thread first). Lawyers don't tend to be cheap, so you need to be very sure how to use them before hiring them.

[Legend Claws]

It does sound like you have been hard done by.

 

If you read the posts above, you are going to need a Lawyer to get this resolved through the correct channels. Sounds like you have a case, and your letting company may be at fault for not collecting your mail.

 

Perhaps you should speak to the CAB first to get some free advice before hiring a lawyer, though (plus any of the free options listed in this thread first). Lawyers don't tend to be cheap, so you need to be very sure how to use them before hiring them.

 

I am hoping a stern word with the factoring company will persuade them to withdraw the charge as I believe they do have the ability to do so? I really have to weigh up if it is worth paying a solicitor etc or just wait out the 6 years as my partner can arrange credit for us.

[frankblack]

I am hoping a stern word with the factoring company will persuade them to withdraw the charge as I believe they do have the ability to do so? I really have to weigh up if it is worth paying a solicitor etc or just wait out the 6 years as my partner can arrange credit for us.

 

The first thing to do in any situation like this is to try the diplomatic approach, so if you contact them politely and try to amicably resolve the situation then it might be simpler. Don't take an aggressive stance to begin with as that may get you nowhere.

 

If that fails, inform them you will be taking legal advice to resolve the situation. When given the prospect of resolving something amicably or with a lawyer, it is funny how helpful people will suddenly become to save money.