Neighbour has installed CCTV

Q. The police were recently called to my block of flats during an argument with my neighbour. My neighbour racially abused me when the police were present and the police have charged my neighbour with a racially aggravated hate crime.

The same neighbour has now installed CCTV in the communal hallway and is recording everyone (including conversations) that comes to my door. The CCTV camera appears to be operated manually and can be seen to track/follow people’s movements.

The camera is also capable of filming outside and follows anyone approaching my property. I rent the property from my landlord and do not want anything to happen to the property as I enjoy living there.

I have contacted the Information Commissioner’s Office (ICO) seeking information and guidance. But I have contacted the bureau for more advice about what can be done and reassurance that I am not doing anything wrong.

A. We would advise you to contact your landlord and explain to them the neighbour’s actions and request they contact the neighbour. Would your landlord be able to ask the neighbour what the CCTV is being used for and what, if anything, is being recorded and how this information is being stored.

The CCTV camera placed in your communal hallway and recording conversations could be classed as harassment. Unfortunately, it is not a criminal matter for the police unless anti-social behaviour laws have been committed.

You could also contact your local authority and report the misuse of CCTV and managing data.

There is also a lot of information on the Gov.uk webpage: Guidance on the use of domestic CCTV as you may be protected by regulations arising from the Protection of Freedoms Act (2012) from which the Government created the Surveillance Camera code of practice (2013). This is upheld by the Government’s Surveillance Camera Commissioner.

The law is not designed to deter homeowner CCTV equipment. Its aim is to avoid misuse and to ensure that it doesn’t impact on the privacy rights that innocent people have. CCTV should not inadvertently spy on neighbours or passers-by at the same time. You are also advised to keep a written record of events and communicate with the neighbour in writing so that you can produce evidence if needed.

Q. I have been sent a letter by HMRC stating that I owe over £10,000 in

Working Tax Credits from 2007. What should I do?

A. Firstly you have to ensure that the debt is yours and that you are liable for it. Were you claiming tax credits in 2007, have you any paperwork to prove this? Bank statements, award letters etc.

HMRC will not accept the reason of “I wasn’t getting them”, so you will need to prove that you were entitled to them as HMRC hold all you employer’s details on their system including how many hours you work and what your pay is from the period you were claiming tax credits.

Working tax credits is an old style benefit (taken over by Universal Credit for a lot of people) that is paid to people on low income while they are in employment. It cannot or should not be paid to people who have health conditions and cannot work or are unemployed. Tax credits can still be paid to people who are on sick leave from work as they are still employed just off work.

If you still disagree with HMRC regarding being overpaid tax credits then you can either fill in a Tax Credits: Dispute recovery of an overpayment (TC846) form online or print it off and send it in to HMRC. We would strongly advise gathering evidence to support your dispute and this could be in the form of payslips (to show you were in employment and being paid), bank statements, employment contracts and letters from your employer. It would also be helpful to have award letters from HMRC.

Q. I am a type 1 diabetic and I was completing my three-year renewal form for the DVLA. My GP had a part of the form to fill out and did so but filled it out incorrectly. I have now had my license revoked on September 20 due to medical grounds (and the GP filling in the wrong information). The GP admitted to completing it incorrectly and they sent a letter to the DVLA explaining what they had done wrong.

I was able to get in touch with the DVLA and was told that they have received all the information required to make a further decision and it has been passed to their medical team to make a decision. I am worried that the 21 day appeal deadline date will pass.

A. By submitting further evidence of the doctor’s mistake you have in fact appealed against the decision and that it is good to know that all the evidence has been received and was being processed. You would be advised to wait for a determination regarding this.

You have advised us that you have been to a Road Traffic lawyer and they were unable to help. This process would be very costly and may not hurry the process along, in addition to this there is no legal aid available for this type of case. If you did want to involve a lawyer you could check your home insurance as they may provide some legal assistance but you would have to check your documents and speak to your insurer.

You could also call your local MSP and ask them if they could possibly offer some assistance on this matter. If you are not happy with the DVLA’s second decision then you could appeal to the Sheriff Court which is the next stage in the process.

Q. My parents are in their 80s and are in very good health both mentally and physically. They would like to sign their house over to me. There is no mortgage on the property. How would they start this process?

A. Your parents should write to the building society/bank or whoever holds the title deeds asking for the deeds to be sent to their solicitor or qualified conveyancer.

The building society/bank will have to approve the transfer before it can take place. There are times when the building society/ bank may object. These may be where:

•the new potential owner is not considered

financially responsible, for example, was formerly or is still a bankrupt

• the new potential owner cannot obtain

life insurance for an endowment mortgage

• serious mortgage arrears exist

• If one owner is having their name

removed from the title deeds, the building society will only agree if they consider that the remaining owner(s) is able to afford the mortgage repayments.

The solicitor or qualified conveyancer will complete the relevant mortgage forms and conveyance document. This must be recorded in the Land Register.

If the documents are registered electronically it might cost less. The deeds are returned to the building society or other lender.

This procedure can be expensive and you should be advised to obtain a number of quotations.

PLEASE NOTE: Rutherglen & Cambuslang Citizens Advice Bureau is open for telephone / e-mail advice on Monday to Friday from 9.30am to 3pm.