Privacy Policy
BACKGROUND:
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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
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; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
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 |
“We/Us/Our” |
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 npatterson@property118.com, 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?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- 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?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- 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?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- 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.
- You may restrict Our use of Cookies. For more information, see section 13.
- 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 info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- 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:
Name of Cookie |
Purpose |
Strictly Necessary |
JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
__cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- 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:
Name of Cookie |
First / Third Party |
Provider |
Purpose |
__utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
_fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- 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
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Mark Alexander - Founder of Property118
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Sign Up11:38 AM, 17th February 2013, About 12 years ago
Possibly, have you made contact with Matthew? The angle here may be that they have used your money from this sale to repay debts of a separate business partnership. There may be other angles to fight too which I'm not aware of yet.
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Sign Up16:08 PM, 17th February 2013, About 12 years ago
I will have a similar situation as you.
I will be contacting the FOS as it cannot be correct that a former GMAC mortgage is lumped in with previous Kensington mortgages as a portfolio and that any sale proceeds of the GMAC property for which the mortgage must be redeemed in 5 years time in my case can be used to pay down any other mortgages which are now owned by MX.
Remortgaging is NOT an option for me as my credit rating is shot!!
I will therefore be selling to an associate at the mortgage redemption price and no more.
My associate will be getting a good deal but then he does have a 2nd charge on the property already, so an agreed value between ourselves will repay in equity some of what I owe.
I will once he has been repaid have a 2nd charge applied in my name on the property and there will be nothing MX can do as 2nd charges don't appear on credit files.
I just hope that my associate can raise the finance to buy; if not the property will be sold at a loss.
That will cost MX but not me.
Of course what they could do is carry on receiving the monthly payments; but they won't and there will be nothing they can do to me.
I'm a pensioner and they can't touch my pension.
They could bankrupt me and make even more losses.
I wonder if common sense will prevail.
By the sounds of it no!
We really need to stop MX's appalling behaviour in putting perfectly viable businesses out of business.
To use clever accounting to justify premature crystalisation of debts for substantially less than an asset is worth is scandalous.
MX need to be stopped from being allowed to downsize their loan book by creative accounting measures.
How I have no idea.
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Sign Up12:22 PM, 18th February 2013, About 12 years ago
Law of Property (Miscellaneous Provisions) Act 1989
2 Contracts for sale etc. of land to be made by signed writing.
(1) A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.
(2)The terms may be incorporated in a document either by being set out in it or by reference to some other document.
(3)The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (but not necessarily the same one) must be signed by or on behalf of each party to the contract.
If the mortgage deed is not signed by both the mortgagee and mortgagor then the contract is null and void, so how do Mortgage Express expect to obtain twenty properties, without evidence of this document, unless it has been sold for profit. I would request the original mortgage deed from Mortgage Express. Been trying to get a copy of the "original" of my mortgage, which Halifax state that they do not have. Even the Financial Ombudsman are a waste of space in this matter. What am I meant to think when the bloody original document has gone AWOL? Good luck. Beat the bankers.
Brian Fitzsimons
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Sign Up17:09 PM, 18th February 2013, About 12 years ago
Hi Mark, I would first find out if the loan(s) were securitised. If so, acquire shares in the securitised company/trust etc, ie you now own a share of your own debt. This should give you the same standing in court as whoever is trying to foreclose on you.....stalemate! ( Don't know the cost of this, but joining forces with other landlords as you mention would help).
If not securitised, Helen's idea (see below post by Helen) is a good one. I would conditionally accept their offer to consolidate ( thereby removing controversy). In the conditions of acceptance, I would look for the signed agreements/contracts (with signatures of both parties) and an assurance of adequate performance on their behalf in that they actually lent you their money and did not just monitize your promissary note. Apparently financial institutions have a great difficulty complying with these conditions so prepare for a very long wait.
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Sign Up20:11 PM, 24th February 2013, About 12 years ago
Hi
I've always read the posts with interest and found them really helpful but this is the first time I feel compelled to write.
We discovered about MX's "Right to consolidate" at close of business the day before the completion of the sale of one of our B2L houses when we were told they wouldn't let us redeem the morgage without paying off some of another loan we have with them. After a very sleepless night, we were unable to speak to anyone until 10.00 am (with completion only hours away) but even then they wouldn't tell me what figure they would accept to allow things to proceed. I was made to suggest what extra we would be prepared to pay! In desperation I named a figure and then had to wait to hear from our solicitor whether things could now go ahead.
It was a truly stressful experience and we were extremely fortunate that the proceeds of the sale weren't required for a related purchase or earmarked in some other way. I still feel extremely angry at the way we were treated and have as yet received no response to my request sent 12/12/12 for a redund of the money charged on the full amount of the loan the following month.
I'd be very pleased to join any group opposing their action.
Kind regards
Hilary
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Sign Up10:28 AM, 25th February 2013, About 12 years ago
I was informed about the right to consoldate clause by my MX Account Manager during amy annual review. I am due another annual review next week, which should be interesting. I have been told that in ALL cases they will enforce this right to consolidate condition & the only way you will be able to gain access to any of the captial equity is if it's for professional fees and for a CGT bill should the property disposal mean you being liable for a CGT bill..
neils26
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Sign Up16:03 PM, 1st March 2013, About 12 years ago
I understand this to mean that they will keep any surplus you may be lucky enough to achieve if you sell any properties. i.e. they will offset the surplus against other mortgages with them.
You are not forced to redeem all your other mortgages just becuase you sell one house. Sorry if I misunderstood this thread, but that's what article and early comments appeared to indicate...
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Sign Up6:09 AM, 3rd March 2013, About 12 years ago
Are you certain about this!!?
I thought if you had to redeem one mortgage with them; they would force redemption of any others whether that was at a loss or not!!
I will have to sell a property in 5 years time and i was concerned that all my MX properties would have to be sold even though their terms have 18 years to go!!
All I have to do is now sell the 5 year property for exactly the mortgage amount to the person who has a legal charge in their name on the legal title.
I reckon I might just manage that and MX will get nothing!
Of course what happens then is my purchaser will put a voluntary 2nd interest in my favour for an amount we agree on!!
What a very nice purchaser I will have!!?
Of course this may NOT be so easy; what if my preferred purchaser cannot obtain a BTl mortgage!!!
We shall see; however we are planning for the possibilty of carrying out this strategy now; to work in 5 years time.
No way is MX taking any of my equity; though of course some will go in SDLT, etc.................boo hoo!
neils26
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Sign Up10:51 AM, 4th March 2013, About 12 years ago
Paul, you are so lucky to be worrying about something that might happen in 5 Years time... !
Most of us are happy to get through a week, trapped in this awful business. I'd be rid of all my props tomorrow if I could even cover the mortgages.
Right now, yes I'm sure they can't make you redeem all your mortgages just because you sell one house. Next week, next month, 5 years... who knows ? But I can't see how that principle will change.
RichDad
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Sign Up21:11 PM, 5th March 2013, About 12 years ago
At the end of 2012 I wrote to MX about what would happen if I sold one of my properties held in our MX portfolio. They wrote back saying that they retained the right to insist on retaining any surplus I made from the sale to top-up the equity across the rest of the MX portfolio i.e. they would not release the charge on the sold property unless I agreed to that upfront. If the sprung this on someone just before completion, the seller might find him/herself unable to complete the sale!
I am partly in this position because at the end of 2007/early 2008, I had accepted their kind offer of additional finance across the portfolio (drawing down on those with equity even if others had none left). Could this be a new case of Misselling?