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    Refusing to pay title burdens / factoring

    Hi there,
    I moved into my new build home in April last year. But just this month have received an invoice from Scottish Woodlands for landscaping services around the area. They tell me this is not factoring but is a similar service and is in addition to the local factoring I already pay for. It is stated as a title burden in my house deeds (in 'small' print), but this additional annual fee was not made clear to me by either the developer or solicitor at time of purchase. Is there anything I can do about this? What would happen if I refuse to pay for something that is in the title burdens?
    Thanks in advance!

    9 Comments

    If you've agreed to it and don't pay it then you'll be subject to legal action through the civil courts.

    Just a hunch.

    willhay555

    If you've agreed to it and don't pay it then you'll be subject to legal … If you've agreed to it and don't pay it then you'll be subject to legal action through the civil courts.Just a hunch.


    I agree, to be honest you should have read all the small print before signing, I did for my house as the solicitor didn't tell me anything they just said read and understand that and if you have any questions about it let them know and they would explain it....

    Op did your solicitor not point this out to you when they read it before passing it on to you?

    They (solicitors) should point this out to you when you go to sign for the property - did you use a physical or an online service for the conveyancing

    Original Poster

    westy125

    Op did your solicitor not point this out to you when they read it before … Op did your solicitor not point this out to you when they read it before passing it on to you?



    discobob

    They (solicitors) should point this out to you when you go to sign for … They (solicitors) should point this out to you when you go to sign for the property - did you use a physical or an online service for the conveyancing



    No the solicitor (physical rather than online) didn't say anything about this and the actual stipulation is buried deep within the title deeds surrounded by other text which would probably require a law degree to decipher. Do I have any comeback on this? It sounds like I will just have to pay it or run the high probability/risk of the company taking me to court...

    Approach your solicitor and ask him/her to explain it. If they say you must pay, ask them why this wasn't divulged to you at the time of purchase.

    I'm in a similar situation with my house - moved in a year ago, nothing in Home Report about any factoring fees for the estate - got a letter from this same company saying I need to pay them.

    westy125

    Op did your solicitor not point this out to you when they read it before … Op did your solicitor not point this out to you when they read it before passing it on to you?

    discobob

    They (solicitors) should point this out to you when you go to sign for … They (solicitors) should point this out to you when you go to sign for the property - did you use a physical or an online service for the conveyancing



    ​I'm no solicitor or an expert but I would be straight on the phone asking why he didn't make me aware of the small print? Ie his or her job! That's what you pay them for! Anyway all solicitors are crooks so they probably know of a way to avoid this payment in a loop hole somewhere

    Under Scottish law, from the info you have supplied it would seem as if you have gone over the limit of 12 months when you could have complained about the level of service provided.
    Take a look at this web page and if there is some info which contradicts my statement then proceed to complain as described.

    You have to pay it as you agreed when signing the deeds.
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