A group of residents who have been locked in a dispute over factoring fees have been threatened with court action if they do not cough up.
In January the Press and Journal revealed that homeowners in the Midmar area of Kingswells had challenged Malcolm Allan (MA) after the firm stepped down as factor after about 25 years.
The residents claimed they had received a “bombshell” letter which would leave them footing the bill for the upkeep of trees, grass and paths in the area, which was known as The Ridges.
The housebuilder suggested James Gibb Residential Factors as an alternative option going forward for the 62 affected householders.
However, about 20 residents refused to sign up and have since been served with warning letters from a debt recovery agency ordering them to pay up about £145.
Nikki Duffus is one of the group who has refused to sign up so far.
She said: “I telephoned the debt collectors and unbelievably they had just received a list of non payers from James Gibb – without any background to this long-standing dispute.
“After speaking to them they have placed all action on hold until Gibbs get back to them. One disabled lady just shy of 70-years-old has just paid her debt as she was really frightened.”
Ms Duffus has also reported MA to the police, alleging that the company broke the law by failing to register as a factor.
Police have confirmed inquiries are ongoing.
“What they have asked us to pay at the moment is £144 which is not a lot, but that’s never been what this has been about,” she added.
“Our issue is that we have got 11 acres of Malcolm Allan’s land and most residents did not know that the council were not maintaining it.
“They said in writing that they approached the council who declined to adopt the land but the council has said this never happened. What actually happened was Malcolm Allen decided they didn’t want to pay the council the money.”
A spokeswoman for the factor said: “We would be happy to answer any owner’s questions and would encourage any owners who may be struggling to pay, or who have queries about the charges, to contact us at the earliest opportunity.”
A Malcolm Allan spokesman said the majority of residents voted to appoint the factor and were happy with the arrangements.
He said: “We cannot understand why the resident is so unhappy with Malcolm Allan for carrying out 25 years of grass cutting maintenance free of charge or why that would be of interest to the police.”
