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:
||means an account required to access and/or use certain areas and features of Our Site;
||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.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- 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.
- The following first party Cookies may be placed on your computer or device:
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- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
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- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
21:38 PM, 12th September 2014, About 9 years ago
There but for the grace of god ........
I really hope things start to get better for you, but it's a sign of the times that the police are just not interested in so many things they should be.
If you are going through such hard times, aren't you entitled to housing benefit? What area are you in? If it's our way - South Wales - perhaps we could help with a roof over your head?
Good luck any way
21:51 PM, 12th September 2014, About 9 years ago
Hi Steve, there are loads of things that could have been done at an earlier stage, but now it is much more limited.
If someone is holding your possessions and refusing to give them back to you, this is a criminal act of theft, and it can be reported to the police as such, (unless you have agreed that your goods can be seized in the event of rent arrears, or they were seized by bailiffs by due process of the law). If not lawfully seized, then insist on filing a police report, and getting a crime reference number. - If the police refuse to act on your report of theft, then you can make a complaint to the police authorities. The local police station should give you details of how to make a formal complaint.
As to the value of the seized items, they are only worth a very small fraction of what you may have paid for them, so it is unlikely that the secondhand value of your clothes is far more than the debt owed.
In relation to the CCJ, you can make an application to the court to vary the payment terms. Your local court can give you the forms for this, or you can do it online, but I would strongly urge you to visit your local Citizens Advice Bureau(CAB) and get some help with this, as you may also be able to claim a fee exemption.
I presume you are now claiming welfare benefits? If not, then get some advice about what you do or don't qualify for, and ask the CAB to help you submit a claim if you need to.
The CAB, Payplan, or National Debtline, will all help you to manage your personal debts and do not charge for their services. Do not go to a fee charging debt service. The is also a Business Debtline, that will be able to offer advice and assistance with dealing with your business debts.
I presume you have already sold your Rolex and anything else of value to pay off the debt, but if not then this should be considered, BUT it is very important that you take advice about this because paying one debt but not another may show a"preference" which could cause you problems later on, e.g. if going bankrupt.
You have said that your property business is in Administration but there will be a surplus to pay off your debts. This seems a bit strange as the purpose of Administration is to save the company and allow it to continue trading if possible, and only if this is not possible would the company then be wound up and the assets sold to pay off the company debts. I would suggest that you try to clarify this situation with the Insolvency Practitioner that is dealing with the Administration....... again, Business Debtline may be able to assist with this.
If you have any personal insurance, or business insurance, or are in a union, or are a member of a landlord association, then you may be entitled to free legal help, so I would suggest you check your various policies or memberships to see whether this applies. Whether it does or doesn't apply, you should still seek help from your local advice agencies, but as many are run by volunteers then there could be a wide variety of expertise, i.e. some advisers will be better able to help than other advisers.
22:04 PM, 12th September 2014, About 9 years ago
I'm really sorry to hear about this, but unfortunately, this is much more common than you might think - I know of at least one other landlord that this sort of thing has happened to, who went through some very hard times after having problem tenants. When landlords get into this kind of trouble, the fact that we own property in our names often means we can't get state help, even though, ironically, we can't live in or benefit from it.
However, in your case, you say your property business is in administration, so I take it the properties were owned by a company, and not by yourself personally? As you're probably already aware, this means the equity in those properties shouldn't stand in your way to claim means tested benefits (income based Jobseekers Allowance or JSAi which would automatically qualify you for Local Housing Allowance or LHA) - you can't normally claim this if you have assets over £16,000, but you can claim on a temporary basis while you wait for the disposal of those assets. You can also claim another type of JSA, contribution based, which isn't means tested, but you can only get it for 6 months, and then only if you've paid enough national insurance within the previous 2 years.
Assuming you don't live in London, or another expensive area, this site might be use for finding accommodation: http://www.dssmove.co.uk (it does cover London, but I doubt you would get enough LHA and there's an enormous demand). Otherwise, there are of course sites such as Gumtree, but whichever means you choose, watch out for rogue landlords.
As for getting back your property from your previous landlords, you shouldn't need a solicitor and although you don't say how much your property is worth, if it's under £10,000, you can pursue a claim through the small claims court - however, there is a fee to pay, but you can make a claim for up to 6 years.
I would also suggest you phone Citizen Advice http://www.citizensadvice.org.uk/index/getadvice.htm about any of these matters, and any others you're concerned about.
I hope you get this sorted out soon, and if it helps, I know of other people who've been in a similar situation but managed to get their lives back together - albeit it's made them much less trusting!
22:11 PM, 12th September 2014, About 9 years ago
Reply to the comment left by "Mandy Thomson" at "12/09/2014 - 22:04":
Just to clarify your point about Jobseekers Allowance (JSA) and other means tested benefits (including Housing Benefit), you CAN claim these even if you have assets over £16k providing that those assets are being used as part of an ongoing business (including sole trader businesses, and of course private landlords). It may or may not apply in Steve's case as we don't know how the assets are held or even if they are held in his personal or company name.
22:36 PM, 12th September 2014, About 9 years ago
Reply to the comment left by "Robert Mellors" at "12/09/2014 - 22:11":
I've heard of someone winning a benefit tribunal appeal on the basis you state, where his claim was initially refused because he owned property in his own name, but having said that, a tribunal decision doesn't set a legal precedent in same way as case law and a financial advisor once told me that I would better to put my property into a limited company rather than hold it in my name for this reason.
22:45 PM, 12th September 2014, About 9 years ago
Some good advice given here, though I would just pick up on the advice regarding the Small Claims Court. Don't forget, the reason the Landlord is holding the goods is because of Rent Arrears, and he would simply defend the claim based on that, or quite likely even make a counter claim.
With regards the furniture and possessions your ex partner is holding, I cannot see any legal, legitimate reason why she should hold on to them, and in this case you do need advice from CAB.
I hope you get this sorted soon Steve. All the best.
23:12 PM, 12th September 2014, About 9 years ago
Reply to the comment left by "Anthony Endsor" at "12/09/2014 - 22:45":
Even though Steve owes his landlords rent, and has had a CCJ put against his name for this, still doesn't entitle them to hold his possessions - this is completely illegal, unless, as another post mentioned, the court had decreed that this property should be seized to pay the debt.
Dr Rosalind Beck
23:27 PM, 12th September 2014, About 9 years ago
We had a tenant, who by the time we evicted her, owed us £2,500 and it turns out she was a serial tenant from hell and had done this many times. She was very vain - thought she was completely gorgeous - and spent a fortune on clothes (plus fags, booze and a flash 'phone) - anyway, getting to the point now - we read up on all this and discovered that bailiffs aren't allowed to take clothes. I think they couldn't even take other 'essentials' like the TV... or it might just have been white goods. Basically, there were so many things we weren't allowed to take to offset the debt, that we never recovered a penny. So, I can't see how this landlord can keep your clothes.
0:19 AM, 13th September 2014, About 9 years ago
Reply to the comment left by "Mandy Thomson" at "12/09/2014 - 22:36":
I have worked as a benefits caseworker in the past and won many cases that on the face of it look unwinnable, and I had a case like this, and although it took 9 months of arguing the case with the council, I eventually got them to concede and pay 9 months of backdated Housing Benefit and Council Tax Benefit. I can't remember exactly which legislation I quoted to them, but I tend to start with the current "Guide to Housing Benefit and Council Tax Rebates" textbook (recommended for all landlords dealing with DSS tenants), and then follow this up with reference to actual legislation or caselaw if necessary (most can be found with a Google search).
Financial Advisors know nothing about welfare benefits, it's an alien world to them so they just err on the side of caution. Mind you, wasn't it them (or their ilk) that caused the housing market crash, so perhaps they should be erring on the side of caution. (no offence to the few good FAs out there).
0:27 AM, 13th September 2014, About 9 years ago
Reply to the comment left by "Rosalind Beck" at "12/09/2014 - 23:27":
Yes, you are right, even bailiffs cannot seize "essentials", which would include most clothes (and yes, I think they even consider a TV as an "essential" now), so unless the debtor has items of value, or a vehicle, then it is pretty much a waste of time getting bailiffs in to seize possessions. If tenant is working, then an attachment of earnings is a better option.