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Land management firm could be taken to tribunal after complaints

Dissatisfied north-east customers urged to sign up to campaign

Published: 13/02/2009

ANGRY: Carol Kidd, who lives on the Kirkstyle estate at Kemnay, has refused to pay Greenbelt charges

A land management company which has received complaints about poor service from people across the north-east could be taken to a tribunal.

Paula Hoogerbrugge, who has led a campaign against the Greenbelt Group, is appealing for others who are dissatisfied about the firm’s service to come forward and consider launching a test case against it.

It comes after the Office of Fair Trading (OFT) said contracts between land management companies and customers should be tested at the Lands Tribunal for Scotland.

Greenbelt Group is the largest land management company in Scotland with some 24,000 customers. Two other companies exist, Scottish Woodlands and Ethical Maintenance, which have around 1,000 customers in total. The companies buy open spaces on developments and charge developers, residents, or a combination of the two, for their upkeep. But because the companies own the land, it can prove very difficult for residents to switch to a competitor.

The OFT has been in discussions with Consumer Focus Scotland, which has offered to support a group of residents who want to change their land maintenance provider.

An OFT report released yesterday said the test of law was “desirable” and added: “The OFT cannot test the law, this needs to be done by a group of homeowners. But of course the costs, uncertainty and difficulty obtaining legal advice may be a deterrent to those seeking to take such a case so we are pleased to say that Consumer Focus Scotland has agreed to take on a role to help facilitate a test of the legislation.”

Mrs Hoogerbrugge, who runs the Greenbelt Group Action website, said she had received complaints about the company’s services from 15 of the 16 estates it maintains in Aberdeenshire.

She said it was “wonderful” that Consumer Focus Scotland has offered its support and appealed to dissatisfied residents to come forward through the website so they can mount a test case.

Carol Kidd, who lives on the Kirkstyle estate at Kemnay, has complained to Greenbelt about its “sporadic” service in the past and refused to pay its charges. She said Greenbelt were “modern-day cowboys”, adding: “It would be great if someone took them to the tribunal.”

Greenbelt managing director Alex Middleton said last night: “We broadly welcome the OFT report and its principle recommendation that Consumer Focus Scotland should support home owners in bringing forward a test case applying legislation which may allow owners to switch land maintenance company.

This is an avenue we have been pursuing with a small number of our customers and we believe the involvement of Consumer Focus Scotland will aid that process.

We are happy to cooperate with Consumer Focus Scotland and the Scottish Government in whatever way they feel is appropriate.”

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