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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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Lack of maintenance for outdoor areas angers Aberdeen fee-paying householders

Residents hit out over grass-cutting frequency

Published: 30/07/2008

GROWING: Carol Kidd and son Calvin at a Kemnay path where the grass is sprouting. Kami Thomson

North-east residents claim they have paid an independent company thousands of pounds to maintain open spaces – but that work has not been done for “more than seven months”.

People at the Redcloak estate at Stonehaven are among thousands who are contractually obliged to pay Glasgow-based Greenbelt Group for services.

Last night, Greenbelt blamed contractors for the problem, saying it had explained issues to residents.

Householders at Newmachar have already complained that Greenbelt halved the frequency of its service, leaving them with “unkempt” public areas.

Ian Matthews, of Redcloak Park, Stonehaven, has paid Greenbelt an annual fee of around £90 to keep the open areas tidy.

Mr Matthews said there were around 100 houses on the estate, each of which paid a similar charge.

He claimed: “The residents of Redcloak have not had any maintenance at all this year.

“This lovely area has become an embarrassment. I have contacted them consistently since May but nobody ever gets back to me.”

Carol Kidd, who chairs the residents’ association at Kirkstyle Farm Estate, at Kemnay, claimed Greenbelt had not cut the grass there for more than six weeks.

“Even Place of Origin, which was opened by the Duke of Kent with great fanfare in 2006, has been allowed to go to ruin,” she added.

Mrs Kidd, of Wilson Place, said she contacted Greenbelt a number of weeks ago to ask why the work was not being done and received a letter blaming problems with the contractor, Inverness-based R. Sleigh Landscapes.

The contractor’s solicitor, Timothy Thomas, of Ledingham Chalmers, said Greenbelt owed his client, Henry Sleigh, a “very large sum”, thought to be about £100,000.

“We have been demanding payment for some months now and have been told by their solicitors that they have had cash-flow problems.

“They have said recently they are disputing some of the work done, but it is certainly not all.”

Greenbelt has now replaced Sleigh with another contractor, but the problems persist, according to Mrs Kidd. A number of other estates in the north-east are also thought to be having problems with Greenbelt, including at Provost Clemo Drive at Insch, the Hallforest estate at Kintore, Meadowlands at Westhill and Leddach Grange estate at Elrick.

People living in the Rosewell Park estate at Westhill and the Greenacres-Pitblae estate at Fraserburgh have also reported difficulties.

A website called Greenbelt Group Action has been set up by dissatisfied customers.

Greenbelt’s managing director Alex Middleton admitted one contractor had not been paid, but said it was because of a “performance issue, and it is quite right we should do that”.

“In one or two cases we have had problems with contractors and we have explained that to our customers,” he added.

He refused to offer the residents of Redcloak at Stonehaven a refund and said residents of Greenbelt-maintained estates were “contractually obliged” to pay.

“There is a need on one or two sites to improve,” he said, adding that it was a priority.

Mr Middleton seems to have his own particular unique definition of contractual law and frquently seems to demonstrate that he thinks his company can collect payments and not deliver the contracted services…
Editor

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