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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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We have a dispute with one of the owners of flats in our

Resolved Question:

We have a dispute with one of the owners of flats in our development in respect of paying his share of the common expenses. Our title deeds say that the dispute should be referred to the Sheriff Principal as arbiter. My question is how do we go about doing this?
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.

If the dispute is that he simply hasn't paid then you can just sue in the courts. If the dispute relates to the interpretation of the Deeds of Conditions then you write to the sheriff clerk in which the sheriff principal is based enclosing a copy of the deed and an outline of the dispute. The sheriff principal will look at the apps and respond via his clerk. To find out what court you should write to go to www.scotcourts.gov.uk and use the gazetteer on the home page. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 10 months ago.
We have a factor who kept us in the dark about this problem of non-payment until 30th April this year when we wereinformed that:-
A Glasgow sheriff court decree dated 12/08/2011 was obtained for the amount of £2,918.35; "arrestment failed"
The defaulter entered was the subject of a Protected Trust Deed in February 2014 with debts of approx. £150,000.00.
Factor lodged claim of £10,861.73 with Trustees. Dividend subsequently received and debt reduced to £9,526.34.
This amount declared as irrecoverable and apportioned among the other owners.
Defaulter still not paying charges and new debt now amounts to +/- £10,000.00
Reasons for the non-payment are seemingly lack of maintenance of his properties and his belief that the factors were not properly appointed.
Defaulter is domiciled in Northern Ireland and factor maintains too expensive and probably impossible to effect payment.
Bearing this in mind we thought it might be worthwhile to try another route; arbitration or some way to force sale of his properties. It could be, for instance worthwhile to find out if he has disclosed to the Trustees that he receives rental income from his flats (rent is paid by his tenants direct to him and not through an agent or a bank) We have no detailed information about the Trust Deed as our factor refuses to provide us with this citing Data Protection.
What are your suggestions as to how we should proceed in the light of the above?
Expert:  JGM replied 10 months ago.

What is the amount of th debt accrued since the trust deed as you can't pursue for any of the debt that existed up until the date of of the trust deed. Only subsequent charges are recoverable. You can get detailed information on the trust deed from the Register of Insolvencies which is online at www.aib.gov.uk. It is public information so your factor is wrong to cite DPA. Your factor should also be putting on a Notice of Potential Liability for Costs under the Tenements (Scotland) Act which essentially puts a charge on the property until the debt is paid. That would block any sale of the properties. If the factor hasn't put the notice on then the remaining proprietors could do so but it is more normal for the factor to do so. And if the owners is questioning the lack of maintnance of legality of the factor's appointment perhaps you should take his to arbitration at the same time. I hope that helps. Please leave a positive rating so that I am creditd for my time.

Customer: replied 10 months ago.
Information on trust deeds is supposed to be public but is only available if the query form can be filled in, with the factor refusing the necessary info this is impossible. Where in the DPA does it state that public info such as trust deeds precludes the citing of the DPA?
Notice of Potential Liability has been put on.
The accrued debt after the trust deed date amounts to £9,978.14
Customer: replied 10 months ago.
Please ignore my query re the DPA, I looked again and it's obviously Clause 34Sorry about that
Ronnie
Expert:  JGM replied 10 months ago.

If you have the name of the person you can look up the details of the trust deed online.

Customer: replied 10 months ago.
The defaulter's name is ***** ***** allegedly (by factor) granted in Feb 2014 but a search of the Register gives no
Trust Deed having been registered. What could this mean?
Expert:  JGM replied 10 months ago.

It could mean that the trust deed was discharged or that it is administered outwith Scotland.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
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