Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.property118.com
(“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
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||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at firstname.lastname@example.org, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at email@example.com, or using the contact details below in section 14.
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- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
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- Contacting Us
8:52 AM, 3rd May 2016, About 7 years ago
It probably comes down to what this line from your summary actually means
"The conveyancing solicitor was instructed with clear instruction of the March 31st deadline."
If the solicitor accepted the instruction on the basis that time was of the essence and the purchase must be completed by the deadline, then you may have some redress.
If the solicitor accepted the instruction on the basis that it acknowledged that the date was important, but did not guarantee to be able to meet it, or accept liability for your losses as a result of missing it, then it will be much more difficult for you to get anything from the situation.
What does it say in the letter of engagement from the solicitor?
In the first instance, the Solicitor will have a formal complaints procedure and you should consider starting a complaint formally down that route.
9:25 AM, 3rd May 2016, About 7 years ago
This sounds harsh, but I only have 2 Rules in business:
Rule 1 - No one will ever do anything you ask first time around
Rule 2 - If Rule 1 does not apply they won't do it right anyway
With regards to negligence:
Estate agents act for the vendor not the purchaser so to get any where really the vendor would need to complain to the TPO. There is no contract with the estate agents to chase your bank or solicitor.
On the solicitors side I would make a complaint direct to them and see what response you get as you can always escalate the complaint to the law society. However missing a planned date for completion is an extremely common occurrence unfortunately and not always the solicitors fault.
From past experience I doubt you would be able to claim for any thing other than an actual cost on the transaction eg £400. Future costs and potential losses you can't really quantify.
Steve From Leicester
11:03 AM, 3rd May 2016, About 7 years ago
Neil is right - the estate agent doesn't have a contract with you, you simply offered to buy a property from them. The estate agent works for, and is paid by the vendor, not you.
Equally I can't imagine a solicitor ever accepting an instruction on the basis that he would meet the stamp duty deadline because so many factors are beyond his control.
Even if you had somehow managed to negotiate such an agreement with the solicitor the best you could possibly hope for is the cost of the extra stamp duty. It was your decision to pull out of buying the property, so you couldn't claim for theoretical loss of rent or the costs associated with finding and buying a different property.
In short I think you're flogging a dead horse.
Steve From Leicester
11:15 AM, 3rd May 2016, About 7 years ago
PS You quantify your losses at £9,400. In reality you've lost £400 plus the opportunity cost of buying a property before the new stamp duty rate kicked in.
The latter is completely hypothetical. No court or complaints service (e.g. TPO) would accept that you'd lost £9,400
16:53 PM, 3rd May 2016, About 7 years ago
If there were still enquiries being raised on the 10th, you were on a hiding to nothing I am afraid. I had everything in place at the end of November and only just made the deadline, no chain, private sale. End of January was very optimistic.
Since you now have to pay the enhanced SDLT anyway, why did you pull out? Not your most rational decision....
18:50 PM, 3rd May 2016, About 7 years ago
I agree with Steve.....your loses are mainly opportunity costs. Some might argue that given your concerns about the looming stamp duty changes that you could have made your offer price dependent on completion before 31st of March. That would have given the vendor incentive to push for timely completion.
10:35 AM, 4th May 2016, About 7 years ago
In my experience property transactions are rarely completed in 8 weeks or less.
On two occasions we have bought property with no chain at either end and one took some 14 weeks to complete and the other 12.
It doesn't matter how good your solicitor is, some things take time and a bad (or busy) solicitor on the other end will always slow things down. In addition there is paperwork to be completed by the seller which again can slow things down if they are not organised.
What I would have done is made the offer conditional on the seller that if a certain date was not met, you would pay X amount less (50% of additional stamp duty for instance). Of course they may not have taken up your offer then.
10:00 AM, 7th May 2016, About 7 years ago
If queries were still being raised on 10th March, and you waited until 23rd March to follow up on those queries it is unlikely that this would have gone through in time. However set in stone you viewed the completion date of 31st March it was only ever a target date for everyone else dealing with your purchase, unless it was specified in the sales contract. If that were so, then you would not have lost anything as your solicitor would have inserted a clause to state that it was by that date or not at all and ensuring you were refunded any costs associated with the aborted purchase.
17:18 PM, 7th May 2016, About 7 years ago
As well as agreeing with what people have said above about your inflated figures, I'm afraid that the only person responsible for not chasing the conveyance... is yourself. You solicitor is your agent, and will (mostly) act on your instructions, it's still your responsibility.
I too was buying a property, which had been agreed back in July 2015, which I only just completed in time to miss the additional SDLT at 16:15 on 31st March! And that was with chasing conveyancing issues *every week* for 9 months, and every other day for the whole of March.
Throughout the process I was fully up to speed with what was being asked, of whom, and when. There's only 1 rule in conveyancing: push, push, push.
As a slight aside, whilst I know it's frustrating, what you describe is how conveyancing solicitors work. They raise queries / request searches / write a letter etc, then the file gets put down. And it stays down until something happens which means they have to pick it back up.
I've got a conveyancing friend, and he has 70 cases to work on at any point in time! That's about 30 mins per week, per case. At no point is he ever scratching around for something to do and thinks: "I know, I'll pick up Gary's case and see where we're up to." There's just not enough time. That's conveyancing life.
So sorry, I'm afraid I think you'll get next to no where with this, other than maybe a partial refund of your £400, if you're lucky.
9:33 AM, 8th May 2016, About 7 years ago
Reply to the comment left by "Colin McNulty" at "07/05/2016 - 17:18":
"I’ve got a conveyancing friend, and he has 70 cases to work on at any point in time! That’s about 30 mins per week, per case. At no point is he ever scratching around for something to do and thinks: “I know, I’ll pick up Gary’s case and see where we’re up to.” There’s just not enough time. That’s conveyancing life."
So true - which is why it is so important to call regularly for an update as it keeps your file towards the top of that pile!