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My neighbour has brought me to the court, claiming that my renovation work has caused the damage on her side of the party wall. The judge has ordered both me and my neighbour to appoint the surveyor to assess the party wall. After assessing the walls, my neighbour has adviced the surveyor about who was my Estate Agent and the surveyor has requested the sale brochure with the photos of my property (before I have purchased it) from the estate agent. And the estate agent, without my consent, has provided the information, including the phtotos to the surveyor who used the photos against me in his report as he pointed out the works that I have done to the property that actually had nothing to do with the party wall itself. Has the estate agent breached the Data Protection which actually caused me harm? Can I use it against them and try to get a compensation for the losses I occured due to the lost court case?
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Re: Can the estate agent disclose the photos of your property to the surveyor?
In my opinion if the photos were in the sale brochure then they would probably be public anyway. Most agents put property on the big online sites like Zoopla etc and it stays on even after the property is sold so maybe the info would have been there anyway .
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Re: Can the estate agent disclose the photos of your property to the surveyor?
You will have absolutely zero chance of bringing any claim for breach of data protection. First of all, you have admitted that the photos disclosed were taken prior to you owning the property which means you have no leg to stand on as there would no doubt be terms and conditions between the estate agent and the seller about taking photographs to market the property - you are not party to the contract so no remedy there. Secondly, the standard position is that ownership of photographs rests with the person who took them, except if your an employee of a business then its the business who owns the copyright. Thirdly, there is an exemption under the Act that allows disclosure of personal data for the purpose of legal proceedings.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Re: Can the estate agent disclose the photos of your property to the surveyor?
I'd have been more concerned with disproving their allegations that the work you have undertaken since purshasing the property have caused the damage to the party wall. The surveyor has looked at the before and after photo's ( and inspection of both properties) and given his opinion to the court that those works caused the damage, presumably - Did you defend against the case and attend the hearing ?#staysafestayhome
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Received a Court Claim? Read >>>>> First StepsComment
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Re: Can the estate agent disclose the photos of your property to the surveyor?
The surveyor " pointed out the works that I have done to the property that actually had nothing to do with the party wall itself."
So how was it that your "renovation work has caused the damage on her side of the party wall."
As [MENTION=6]Amethyst[/MENTION] did you defend?Comment
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