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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Can a former partners refusing to leave your property, have

Resolved Question:

Can a former partners refusing to leave your property, have any right to access your bank/mortgage details that are in your sole name and not not easily accessible to you and without your consent take steps to gain access to them and pass them on to a third party (such as a solicitor) so that they may be used to your ultimate detriment?
Does the Data Protection Act for example cover this? Without consent accessing and using someone else's personal details for their benefit to the possible detriment of the holder/keeper of the information?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Please can I ask - were you / are married?
Kind Regards
Caroline
Customer: replied 1 year ago.

No not married.

Thank you.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for more. I apologise for my delay in responding to you - I've been at court this morning.
My understanding is that the DPA in the most part doesn't apply to domestic use.
I am however questioning what your ex, whom I note is still living with you, would do with such information that would be to your detriment. I say this because I note that you state that the house is in your sole name and you have confirmed to me that you are not married. The only way for your ex to try and make a claim in relation to your sole property would be under the Trust of Land Act. For a claim of this type they would have had to have contributed towards your mortgage payments or added value to your house. This is not an automatic right just a claim and the court won't be concerned with how you spend your money or what you do with your accounts - a court would require proof from your ex that they have contributed towards the mortgage or renovated the house. This information is unlikely to be in your records.
If you are concerned that your ex is trying to access your personal information then you should contact your bank and mortgage company so that they can note you concerns and contact you if anything suspicious happens. If he does try to obtain funds from your accounts then you should any possible fraud to the police so that they can investigate for you.
If you are the sole owner of your house and you don't want him there - them you should ask him to leave. If things get heated - call the police as they can get them to leave for a short while to prevent a breach of the peace. Change the locks - if they have no legal right to live there.
If you have children together then the court would also consider the housing needs of any children in any Trust of Land Act application. A Schedule 1 children act claim could also be issued.
Kind Regards
Caroline
Positive feedback is gratefully received. We receive no credit for our work unless positive feedback is received.
Customer: replied 1 year ago.

Caroline

Thank you.

Certainly understand your reply. that is clearly stated However, a point that is not covered is that is there any "private and confidential" law or regulation etc concerning someone "rummaging through" your personal details of bank accounts/statements that are difficult for them to freely access.i.e. making a point of seeking them out for their own interests whatever they may be.

Should be grateful for clarification of this question.

Thank you.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Under the Postal Services Act 2000:
“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its transmission by post, or intentionally opens a mail bag.”
“A person commits an offence if intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”
This means that if someone deliberately intercept, throw away or open somebody else’s post they are likely to be breaking the law.
It is not easy to prove that somebody is “intending to act to a person’s detriment” and therefore there are not many people convicted simply of opening somebody else’s post.
Often an individual who is intercepting or opening somebody else’s post will have to then act on it to show that they did indeed “intend to act to a person’s detriment”.
If your ex was to subsequently use the information they obtained then this could be theft and fraud .
Kind Regards
Caroline
Positive feedback is gratefully received.
Customer: replied 1 year ago.

Caroline

Thank you.Sorry for not making the supplementary point more clearly.

What I am referring to by "rummaging through" is accessing mortgage and bank details that are solely mine and clearly addressed by mail to me. These documents had previously been opened and read by me and subsequently placed in a file and stored in an out of the way place in a loft that is difficult for anyone-even me- difficult to access without taking positive action to seek them out.. I think such documents may have been copied and even passed to a solicitor after such action.

I should be most grateful for your views on the above scenario

Once again sorry for not making the point more clearly.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
It depends what he does with it and it's difficult to prove - if he's intending to act in your detriment - then you could be looking at fraud - say taking out credit which isn't being alleged.
As per my first post if the house is in your sole name then your documents wouldn't assist him in a Trust if Land Act Claim.
Kind Regards
Caroline
Customer: replied 1 year ago.

Caroline

Many thanks for your patience and answers. Rather than just reply with an excellent smiley face which you deserve, I thought you deserved a more personal response.for your prompt, efficient and informative service. (If the system does not permit narrative plaudits hopefully your system somehow permits me to submit the excellent smiley face.

Many thanks again.

PS I think the documents in question may have been copied and might be used by "others representing the other side" to recommend how I might reduce my mortgage so there is more equity to claim under the Land & Trust Act

Expert:  ukfamilysolicitor replied 1 year ago.
Bless you! Just sorry I couldn't reply quicker to you today as it's been a busy day.
Your ex does have to have contributed to the mortgage or added value to the property to have a claim,
Kindest Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
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Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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