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I bought my house five years ago and now want to sell it. Can I force public websites to remove the previous sale price so that prospective buyers can’t see what I paid?
S.L., via email
Dean Dunham replies: The general position is that you have no legal right to demand that previous sale prices of properties be removed online.
The reason for this is that it is a matter of ‘public record’, as it is information that is contained on the Land Registry database which is available for anyone to see.
However, most of the big property platforms, such as Rightmove and Zoopla, have processes in place whereby you can request the removal of old property listings. While this will not totally remove all trace of the previous details/sale price, it will greatly reduce the visibility online.
If you find that the old property particulars are also contained on other sites that do not accommodate their removal, you could try another route, which is to exercise what is known as your ‘right to be forgotten’ – also known as ‘right to erasure’.
Your request, which can be made to any website, online platform or even to internet search engines, needs to contain a clear statement that you’re exercising your right of erasure under Article 17 of UK GDPR/the Data Protection Act.
You must also provide details of the data you want removed – in this case, the full sales particulars of the property – plus proof of identity and ownership (title deeds and ID) and the reason for removal (for example, data is outdated, no longer necessary, or you withdraw consent).
The general position is that you have no legal right to demand that previous sale prices of properties be removed online
While the price of the property will fall outside of any obligations here, it will naturally disappear along with the rest of the sales particulars.
The organisations you send this request to must respond within one month. If they deny your request, they must explain why (for example, legal obligations or legitimate interests).
If you are unsatisfied with their response, you can file a complaint with the Information Commissioners Office (ICO).
We bought a refurbished laptop for my daughter to use at school five months ago with a one-year warranty. It has now stopped working and we have requested a replacement or refund. The company says we have to pay postage costs of £12.50 to return it – and another £12.50 if it is repaired or a replacement is sent back. Can they do this?
K.H., via email
Dean Dunham replies: The Consumer Rights Act provides that purchased goods must be fit for purpose, of satisfactory quality and as described – failing which the consumer is entitled to a ‘free’ remedy. The initial question to consider here is, therefore, what the root cause of the problem is. Has the laptop stopped working due to ‘fair wear and tear’, misuse or accidental damage?
Or is it down to an inherent problem that was always present – in other words, has the laptop simply not lasted as long as it should have?
If the answer is the latter, meaning your daughter had no hand in causing the equipment to fail and stop working, it will trigger your right to a free remedy, which will typically be a repair as you have been offered here.
Importantly, when you have this right under the Consumer Rights Act there is an obligation on the trader/retailer to effect the remedy (here, the repair) for free and not to charge you any other monies.
That means that in your case, it cannot charge you the cost of postage – either in you returning the laptop or the company then sending it back to you.
I would advise you write to the retailer and quote section 23 (2)(b) of the Consumer Rights Act, which states: ‘If the consumer requires the trader to repair or replace the goods, the trader must bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).’
Had the issue been caused by misuse or wear and tear, they could have asked you for the postage cost and, in addition, could have charged for the repair. But clearly this is not the case here.
