Lawyer types: break in part deux

Gassage

about 2 months ago I got a call from the managing agents of the property asking for a routine inspection.

4 people turned up, came in. I didn't know them and not introduced to me.

a girl whipped out her camera and took 6 pics of the inside of my house, without permission. I challenged her at the time, and was told for record purposes.

i subsequently found out they were planning consultants and a planning application was duly filed on the public government online planning portal, together with, yes, you guessed it, all pics of the inside of my house.

everything electronic in those pics has gone. The pics also showed every method of gaining entry you'd ever need. Frankly, if you'd have written a roadmap of how to break in and what to take you could not have done a better job.

Ali (not his field of law at all) and I are considering the following:

Criminal:

1. Gaining entry via deception.
2. Criminal Tresspass
3. Criminal negligence

Civil:

1. Acting recklessly
2. Fundamental Breach of Contract
3. Failure in Duty of Care 
4. Copyright infringement 
5. breach of privacy laws

etc etc


thoughts?

i am utterly convinced this laid in on a plate for the thieves.

Gassage

Update on this. Police agree re deception and trespass.

relic245

What does that mean that they agree? are they going to do anything ? 

It does sound like a remarkable stupid thing for them to have done.

Hope you get some justice . 

Evilmags

First thing I do if I were you would be to get my security tighter than a gnats arse. (by a lockable flight case that fits all your guitars and bolt the fucker to the floor). If you´ve been properly cased chances are they will come back. The police are utterly useless at burglery (from experience). You´ve clearly been cased and As long as anyone can see your facebook page or the stuff you post on here then they know you have valuables. (I sold burgler alarms a a summer job many moons ago and we got a course on this sort of stuff, coming back after the insurance is paid is a favoured tactic).

Highly likely somone was stalking you or Ali´s social media to figure out when you were not home. The whole scenario does not point to an opportunist theft at all.   

thebreeze

Just on a gut feeling I'm wondering if there's most mileage in Civil: 2 and 3.  Start by going to the Landlord and Tenant agreement and associated laws and obligations.  The fact the management company said it was a routine inspection when it clearly wasn't was a misrepresentation probably.  The thing that will be difficult is proving that you suffered damage as a consequence of these actions - but perhaps as Landlords they have duties to protect your privacy and your property in any event.

bingefeller

Should you be talking about potential legal action in public like this?  Just asking.....

JezWynd

Deciding to take legal action is a big step; that stuff can take over your life in a most unpleasant way. I'd consider moving and in the interim tighten up your security and/or move anything irreplaceable off-site. 

ToneControl

I'd move all my gear off site for a while. I had to do this once , years ago

not much use for you possibly, but data protection act should really stop this happening

redrighthand

Doubt the cops will be interested in pursuing the criminal case.

Breach of contract is possible - depends what the contract says.

Negligence (breach of duty of care) feels like the obvious cause of action to me here. Albeit not straightforward.

BUT: Whether you take action, and the appropriate course, should be driven by what you want to get out of it?  Compensation? (What losses have you incurred that weren't recovered through insurance?) To exit your contract? Revenge?

Sambostar

scrumhalf

There is presumably a landlord's inspection clause in your lease. What does it say about inspections?

PinstripePhil

@Gassage ;

Your concerns are valid. There may well be a 'at first glance' case here for raising the matter of a Data Protection Act infringement (misuse of personal data) with the Information Commissioner's Office (number is: 03031231113). 

Also read here:
https://www.gov.uk/data-protection/the-data-protection-act

They will talk you through it but probably suggest you contact the Managing Agent's office to try to resolve matters before asking them to step it.

it is up to you what you ask the Agent for. Compensation is your only avenue really. The law doesn't compel people to apologise, for example.

You may decide you are looking at hiked future insurance premiums, experiencing anxiety over your current location (fear the burglers will return, etc) and staring down the barrel of the significant cost of relocation (if you are not too anxious to go down that route). Ask the Agent for a realistic sum to compensate you. Tell them the sum you want. You may choose to express this sum as a rent free period for so many months. Note again, the sum must be realistic. If you are unhappy with the Agent's response make it clear you are left with no option but to go back to the Information Commissioner's Office and then do so. The ICO may just clobber them for this. They would be wise not to risk that. Particularly if they are of a decent size. 

The Agent seriously screwed up here by not putting their advanced request to inspect in writing to you (together with a notice they would be taking pictures and what they would do with them). Effectively you had no chance to prep the property and hide your valuables, etc before they came over. 

Also I would strongly recommend you find a local solicitor that offers 'first meeting free' advice (most do). 

Cheers,
Phil

fretmeister

Err...

Are you sure it was the agent that called you and not someone else pretending to be them?

If I was the agent I'd be denying the call ever came from my office. If they didn't make the call they have no liability.