Many property factors
in Scotland charge £17.62 per reminder letter. Many
companies issue these letters several times each month resulting in
charges far in excess of their monthly management fee. This is
in addition to a commercial compound rate of interest on any balance
due. Does this sound fair?
The Office of Fair
Trading has on many occasions used its powers to rule such charges as
legally unfair under the Unfair
Terms in Consumer Contract Regulations 1999. Some Trading
Standards Departments in the UK have been successful in persuading
the court to hold such charges as unlawful. If you have had to
pay unfair charges you should ask for a refund.
If you cannot
remember how many charges have been applied over the years you can
send a Data Protection Act (DPA) letter
to get this information from your factor: you can go back 5
years. You need to send a cheque for £10 (max fee under
the DPA) to activate this request. Your factor has a maximum of
40 days to comply, failing which you can complain to the Information
Commissioner, who can take enforcement action.
To request a
refund of unfair charges send
this letter. PDF
If you obtain a
refund, please let us know and we may post your e-mail on a Your
Comments section. We will never reveal your identity.