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Combatting Money Laundering
New and detailed amended rules to combat money laundering are in force As a result professional advisers must ask more questions and in some cases require more information and documentation from clients before they can accept instructions to act or advise. We will need to ask for more information in connection with acting for companies, partnerships, trusts, other bodies of people (such as clubs) and anyone who is acting as agent for another person. We may also need to go through the identification and verification procedures for shareholders, directors, managers, partners, trustees, beneficiaries, club members, anyone acting under a power of attorney, a receiver, administrator or insolvency practitioner or anyone appointed as an agent or broker of any kind. In addition, the exemption under the old rules for existing clients from the procedures for identification and verification has been removed. As a matter of policy we operate the new rules in relation to all clients and all matters. All we ask is that you attend at our offices with - your passport or picture driving licence - an original council tax, gas or electricity bill addressed to you and dated within the last three months For Data Protection Act purposes, we must also advise you that we are required to retain this information for at least five years.

Improving the Home Buying and Selling Process – April 2018
The Government’s plan of action 1. Buying and selling a home is acknowledged to be one of the most stressful events a person will experience, often considered alongside other major life changes such as marriage, divorce or having a child. 2. We believe that improving consumer understanding of the process and making it more transparent are key to improving the experience. 3. Further Estate Agent Regulation: Estate agents are currently regulated through the Estate Agents Act 1979 and enforced by a small national enforcement team, the National Trading Standards Estate Agency Team. They have the power to issue warnings and banning orders to rogue agents, and approve customer redress schemes. There is currently no minimum professional standard requirement in order to operate as an estate agent, unlike our plans for letting agents. We believe that introducing a requirement to hold a professional qualification backed up with a programme of Continuing Professional Development would professionalise the industry, improve service and reassure consumers. This builds on our consultation to strengthen consumer redress in the housing sector. We will: • work with the National Trading Standards Estate Agency Team to strengthen enforcement of the existing regulatory framework for estate agents with a focus on ensuring all agents comply with consumer protection regulations; • launch a consultation on creating a mandatory professional qualification for estate agents following engagement with industry and regulators; and • post-consultation, evaluate the responses and consider introducing legislation where appropriate to ensure all estate agents are suitably qualified. 4. Referral fees: Referral fees are paid by conveyancers or mortgage brokers to estate agents in exchange for recommending business to them. We want to create more transparency surrounding referral fees so customers can make an informed choice and feel they are being treated fairly. We will: • work with industry to standardise the presentation of referral fees and ensure that customers are made aware of any potential referral fee before they make a decision whether to purchase; • task the National Trading Standards Estate Agency Team to proactively monitor the disclosure of referral fees; and • look more closely at the case for banning referral fees, particularly for new build properties and instances when buyers are being referred. 5. ‘How to Buy’ and ‘How to Sell’ guides: The government will develop and publish guides on ‘How to Buy’ and ‘How to Sell’ which will complement our existing guide on ‘How to Rent’ and planned guides on ‘How to Let’ and ‘How to Lease’. These guides will ensure customers are better informed of the process and know what to expect throughout. We will: • develop and publish ‘How to Buy’ and ‘How to Sell’ guides; and • consider how the guide is distributed, for example making it a standardised part of estate agency engagement in the same way the ‘How to Rent’ guide is with letting agents. 6. Choosing a conveyancer: We want consumers to be able to make a more informed choice of conveyancer which considers service levels, not just price. Currently when selecting a conveyancer, home buyers and sellers often rely upon recommendations from friends and family or referrals from estate agents. We will: • work with industry and consumer groups to develop solutions using more transparent data, standard metrics, kite marks and quality standards; and • include advice on points to consider when choosing a conveyancer in government guides on ‘How to Buy’ and ‘How to Sell’. 7. Buying a new build home: A 2017 report found that 98% of new build buyers had reported snagging issues to their builders since moving in.7 This is an unacceptably high proportion. Completion dates are often pushed back by developers with little notice, leaving buyers in limbo. We will: • improve the process of dealing with buyer complaints, informed by the findings from our consultation on strengthening consumer redress in the housing market.8 8. Making moving day better: On moving day buyers are often left sitting on driveways waiting for keys to be released from the estate agents. This is not only frustrating for buyers, but also affects moving companies and their workers, who are forced to wait around and then work late into the day, costing consumers millions in extra fees. We will: • work with removal firms, conveyancers and lenders to see how the process around the release of funds can be improved. 9. Reducing time from offer to completion 10. The average time from offer to completion in England and Wales currently stands somewhere between 8 to 12 weeks, with around 40% of buyers and sellers stating it took longer than expected to buy their property. 11. We know that the longer the process takes between offer and completion, the more opportunity there is for buyers and sellers to get nervous, which can lead to people pulling out and in some cases, a whole chain of transactions collapsing. 12. We believe that a quicker process would reduce stress for consumers, and also reduce the number of failed transactions. Making more use of digital technology and getting buyers and sellers to provide more information up front is key to speeding up completions. 13. Ultimately, we see no reason why the home buying and selling process should be so lengthy. We want to work with consumers and industry to improve and redesign the process so it takes weeks rather than months. 14. Better technology: In the long term we want the process to be enabled by the wide range of technological improvements which are already speeding up other aspects of our lives. We also want to encourage digital innovators so that they can use their skills and expertise to transform the process. In the short term, we want to work with industry and other public sector bodies to encourage the development of digital signatures, improve the ID verification process and promote the adoption of e-conveyancing. To do this we will: • establish a technology working group to engage users, industry and partners such as HM Land Registry to better understand user needs for new digital technology and stimulate innovation; • task the group to prioritise work on digital signatures, improving and streamlining ID verification processes, and promoting the wider adoption of e-conveyancing; and • work with innovators to explore routes to market for technological solutions. 15. More information up front: One of the reasons why the current process takes so long is that buyers (and their lenders) need to be satisfied that they have all of the information they need in order to proceed with their purchase. This information can take considerable time to assemble, and we believe this process should start much earlier. In the long term, we believe that most of the information consumers need to know about a property should be available when the property is marketed, for example through the development of a property passport. However, in the short to medium term we will use our ‘How to Sell’ guide to: • encourage sellers to collect together relevant information (e.g. planning permissions, certificates for works done, previous searches) in an effort to be ‘sale ready’. 16. Earlier contact with freeholders: We already know that transactions involving a leasehold property take on average 2-3 weeks longer than transactions involving only freehold property. This is due in part to delays in receiving property information from the freeholder or managing agent. This is unacceptable. We will: • set fixed time frames and maximum fees for the provision of leasehold information, potentially with a statutory underpinning, and encourage managing agents to make this information available electronically to enable instant access; • work with industry to standardise the leasehold information form; and • use our ‘How to Sell’ guide to encourage sellers to have early contact with their freeholder. 17. Speeding up local authority searches: Although response times to search requests have improved considerably over recent years, they still vary considerably between different local authorities. Lengthy waits can add weeks to the time taken to buy and sell. We will: • write to all local authorities to set an expectation that they should respond to search requests within 10 working days and allow timely access for external search agents; and • take action against authorities if they fail to meet these expected performance levels. 18. Getting a Decision in Principle: A Decision in Principle is a certificate from a mortgage lender setting out how much money they will lend to a buyer. We believe that all non-cash buyers should obtain a Decision in Principle before they start house hunting, and we know that many estate agents already ensure that prospective buyers have a Decision in Principle before they are able to view or make offers on properties. We will: • make it clear in our ‘How to Buy’ guide that buyers should seek a Decision in Principle early in the process. 19. Reducing failed transactions 20. Over a quarter of all transactions fail costing hundreds of millions a year to consumers and causing undue stress to both buyers and sellers. Over 65% of all buyers and sellers are worried whether they will make it to completion following an offer being accepted.11 Government is particularly interested in the introduction of reservation agreements to address this problem given that a high proportion of buyers and sellers have expressed an interest in up front legal commitment. This will help to reduce the fear of gazumping. 21. Reservation Agreements: Reservation agreements are contracts which increase commitment between buyers and sellers earlier in the process, providing more certainty and reducing the risk of gazumping. These agreements are already used in some high value transactions but their use is not currently widespread. However, BEIS research, supported by the responses to the Call for Evidence, showed that buyers and sellers would be willing to use them. We believe that making use of these agreements a more common part of the process will reduce the rate of failed transactions and the fear of gazumping. We will: • work with industry to develop a short standardised reservation agreement which can be used in any transaction; • commission some behavioural insight research in order to consider ways to encourage consumers to adopt these agreements; and • pilot these agreements with aim of making them a standard part of the process.

Will
Did you see the Panorama programme on BBC 1 on 9th August? If you do not have a Will you need to know what to look out for so why not pop in for a chat. Link to the programme at www.bbc.co.uk/i/tfqqj or http://www.bbc.co.uk/iplayer/episode/b00tfqqj/Panorama_Wills_the_Final_Rip_Off/

Understanding GDPR
see the ICO web site and basic steps. Many small businesses and landlords and charities do not yet realise and how they are affected and all the data they are holding. seehttps://ico.org.uk/media/1624219/preparing-for-the-gdpr-12-steps.pdf


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    Accessibility / Privacy / Terms and Conditions

Please read the following conditions carefully before continuing. Persons who log on to this site signify their agreement to the following terms and conditions. All references to ‘the website’ are to the Kagan Moss website.

A DATA PROTECTION and General Data Protection Regulations 2018 updating Data Protection Act 1998 We understand that your privacy is important and want you to know how your personal data is used and shared online. We respect the privacy of everyone who visits this website (“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. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

1. 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;

“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”)

“We/Us/Our” means Kagan Moss & Co Solicitors of 22 The Causeway Teddington TW11 0HF and regulated.

2. Information About Us

2.3 Our Data Protection Officer can be contacted by email at law@kaganmoss.co.uk or by post at 22 The Causeway Teddington TW11 0HF.

2.4 We are Authorised and Regulated by the Solicitors Regulation Authority under registration Number 51309

2.5 We are accredited as a member of the Law Society Conveyancing Quality Scheme.

3. 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.

4. Your Rights

4.1 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:

4.1.1 The right to be informed about Our collection and use of personal data;

4.1.2 The right of access to the personal data We hold about you (see section 12);

4.1.3 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);

4.1.4 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);

4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;

4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);

4.1.7 The right to object to Us using your personal data for particular purposes; and

4.1.8 Rights with respect to automated decision making and profiling.

4.2 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.

4.3 For further information about your rights, please contact the Information Commissioner’s Office at www.ico.gov.uk

5. What Data Do We Collect?

Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data (please also see section 13 on Our use of Cookies and similar technologies:

5.1 name;

5.2 date of birth;

5.3 gender;

5.4 business/company name

5.5 job title;

5.6 profession;

5.7 contact information such as email addresses and telephone numbers;

5.8 demographic information such as post code, preferences, and interests;

5.9 financial information such as savings and investments and banking accounts credit / debit card numbers;

5.10 IP address;

5.11 web browser type and version;

5.12 operating system;

5.13 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;

5.14 transaction specific advice and information responding to your enquiries.

6. How Do We Use Your Data?

6.1 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 GDPR at all times. For more details on security see section 7, below.

6.2 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:

6.2.1 Providing and managing your Account;

6.2.2 Providing and managing your access to Our Site;

6.2.3 Personalising and tailoring your experience on Our Site;

6.2.4 Supplying Our services to you (please note that We require your personal data in order to enter into a contract with you);

6.2.5 Personalising and tailoring Our services for you;

6.2.6 Replying to emails from you;

6.2.7 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time)

6.2.8 Market research and surveys;

6.2.9 Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience;]

6.3 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, telephone, text message or post with information, news and offers on Our services. We 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.

6.4 Third parties whose content appears on Our Site may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.

6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.

6.6 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 varying periods in accordance with Our retention policy.

7. How and Where Do We Store Your Data?

7.1 We 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.

7.1.1 Your data will only be stored in the UK where held in the form of physical media and your online data may be stored inside 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

7.2 Data security is important and to protect data We have taken reasonable suitable safeguards to secure data collected through Our Site through monitoring fo the contractual arrangements we make with our technical hosting service providers.

8. Do We Share Your Data?

8.1 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 obligations, a court order, or a governmental authority.

8.2 We may sometimes contract with third parties to supply services to you on Our behalf. These may include payment processing, expert reports and advice, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. 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.

8.3 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.

8.4 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.

9. What Happens If Our Business Changes Hands?

9.1 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.

9.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.

10. How Can You Control Your Data?

10.1 When you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, 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 and at the point of providing your details and by managing your Account).

10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

11. Your Right to Withhold Information

11.1 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.

12. 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 law@kaganmoss.co.uk, or using the contact details below in section 14.

13 Our Use of Cookies

13.1 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 services.

13.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. For more details, please refer to section 6, above, and to section 13.6 below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

13.3 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 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.

Or

13. 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 services. By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies may be used on Our Site for advertising services. In addition, Our Site uses analytics services which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site.

14. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at law@kaganmoss.oc.uk, or by post at Our address. 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).

15. 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.

B Copyright and trademark rights

The entire content and layout of this website is copyright protected. All rights are owned by Kagan Moss save where expressly stated.

The content on the website is freely accessible for browsing purposes only. Duplication of this material, or any part or parts thereof, in any form, whether written, aural or electronic is permitted only with the specific written consent of Kagan Moss. Reproduction, transfer, amendment, linking or use of the website or any of its contents for public or commercial purposes is prohibited without the prior written consent of Kagan Moss.

Any names and/or logos that appear on the website are likely to be registered and protected trademarks. No licence or right to utilise a picture, registered mark or logo is to be deemed to be granted by its appearance on the website. Downloading or copying the website or any part or parts thereof, confers no rights whatsoever in respect of the software or elements of the website. Kagan Moss reserves all rights in respect of all elements of the website with the exception of rights belonging to third parties.

C No warranty

Although all possible care and attention has been taken to ensure the reliability of the information contained on the website at the time of its publication, neither Kagan Moss nor any of its partners or associates can give any explicit or implicit assurance or warranty to any party or persons in respect of the accuracy, currency or completeness of the information on the website. Opinions and other information contained on the website may be changed at any time without prior notice.

Kagan Moss accepts no responsibility and gives no guarantee to the effect that the functions on the website will not be interrupted or that the website or the relevant server is or are free from viruses or other harmful contents.

Limitation of liability

Kagan Moss accepts no liability (including liability for negligence) for direct, indirect or other damage suffered as a result of access to the website or parts thereof or the use of the website or as a consequence of impossibility of access to or use of the website or links to other websites.

Links to other websites

The website may contain links to websites operated by third parties. On activating these links you might leave the website or, alternatively, summaries of third-party websites may be displayed within the website. Kagan Moss has not carried out any checks of any kind on such third party websites that might be accessible through links on the website and is not responsible in any way for their content or operation. This disclaimer applies regardless of whether when activating the link you leave the website or the display appears within the website. Establishing the link or consulting websites operated by third parties is at the sole risk and liability of the user.

Registration with us

To access the website, you do not in principle need a personal account. However, such an account does bring a number of advantages, especially if you visit the website frequently. To access certain information you will need to register and for this, we need your email address and a password chosen by you.

Transmission of our e-newsletter and email alerts

We send out e-newsletters and email alerts containing information on property related and legal matters. If you register for any such service, we draw your attention to the fact that these emails are generally transmitted in non-encrypted form with the risk that such data may be intercepted and read by third parties.

Unsubscribing /de-registering

You may de-subscribe from the newsletter or e-mail alert services at any time. Each newsletter or alert contains a link that enables you to unsubscribe or deregister automatically.

General

If you have any questions or remarks about the content of the website or these terms and conditions, please contact us.

Privacy – Accessibility – Terms


 


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