Return to sender obligations
Return to sender obligations
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Discussion

Biker 1

Original Poster:

8,595 posts

149 months

Thursday 17th November 2016
quotequote all
Swinton Insurance appear to think there is a Mr x living at my address.
I have now received 5 letters over the last couple of weeks, presumably Mr x's insurance documents(???). Each time, I have covered the address window on the envelope, written 'Return to sender, unknown at this address', & then put them in the local post box. I have not opened any of the envelopes.
If this continues, at what point do I just bin/shred the letters? Am I under any legal obligation to RTS every time??

t400ble

1,804 posts

151 months

Thursday 17th November 2016
quotequote all
Give them a call or drop them an email :-)

esxste

4,292 posts

136 months

Thursday 17th November 2016
quotequote all
I don't think you're under any legal obligation to RTS even once. It's the "nice" thing to do. You've returned one, that's any moral obligation fulfilled.

If its annoying you, phone them and complain.


jesta1865

3,453 posts

239 months

Thursday 17th November 2016
quotequote all
esxste said:
I don't think you're under any legal obligation to RTS even once. It's the "nice" thing to do. You've returned one, that's any moral obligation fulfilled.

If its annoying you, phone them and complain.
i've had this with a utility company, i had to get shirty on the phone and demand to speak to a supervisor before i got through to someone who understood the situation. i just kept getting told due to the dpa i can't talk to you as it's someone else's account. smile

ging84

9,548 posts

176 months

Thursday 17th November 2016
quotequote all
I think the point you are asking about was reached 1-5 letters ago

Biker 1

Original Poster:

8,595 posts

149 months

Thursday 17th November 2016
quotequote all
Just got home - you guessed it: another envelope from Swinton addressed to Mr x in the post!!
Anyway, I had assumed that I was obliged to either RTS or dispose of letters, but one is not supposed to open them due to confidentiality(???)
As I have no dealings with Swinton, I wonder how many hoops I would need to jump through to get through to the right department in their call centre. Life is too short....

bomb

3,795 posts

314 months

Thursday 17th November 2016
quotequote all
Only half a dozen letters ! You're a lightweight.

We still get mail for the previous house owner and his daughter. They only moved about half a mile away, so I have taken the mail round to them on numerous occasions.

Now, almost into 6 years, I have told him in no uncertain terms, that any more mail will be 'disposed of'.

Bloody useless article couldn't organise a party in a brewery, never mind get his mail directed to his 'new' home.rolleyes




Tony1963

5,808 posts

192 months

Thursday 17th November 2016
quotequote all
I received a string of letters from Churchill Insurance for a previous occupier. In the end I called them, and it turned out some insurance fraud at our address was in progresss. My call was treated very seriously, a returned letter isn't. After the call, no more letters.

Red Devil

13,524 posts

238 months

Thursday 17th November 2016
quotequote all
Biker 1 said:
Just got home - you guessed it: another envelope from Swinton addressed to Mr x in the post!!
Anyway, I had assumed that I was obliged to either RTS or dispose of letters, but one is not supposed to open them due to confidentiality(???)
RTS clearly isn't working. Open it.

The governing legislation is the Postal Services Act 2000, in particular Section 84(3) - http://www.legislation.gov.uk/ukpga/2000/26/sectio...
The chances of being prosecuted are vanishingly small.

It's what I ended up doing with a spate of letters which turned out to be from a DCA chasing a previous occupier for unpaid debts.
Just as well as I wouldn't have been overjoyed to have an Enforcement Agent (aka Bailiff) knocking on my door.
In my case I was able to give the sender some information which it was quite pleased to receive and the deluge stopped instantly.

Biker 1 said:
As I have no dealings with Swinton, I wonder how many hoops I would need to jump through to get through to the right department in their call centre. Life is too short....
Your call, but it's the only way to stop the flow. Do as I did then use the information in the correspondence to find the right person to talk to.

bomb said:
Only half a dozen letters ! You're a lightweight.

We still get mail for the previous house owner and his daughter. They only moved about half a mile away, so I have taken the mail round to them on numerous occasions.

Now, almost into 6 years, I have told him in no uncertain terms, that any more mail will be 'disposed of'.

Bloody useless article couldn't organise a party in a brewery, never mind get his mail directed to his 'new' home.rolleyes
6 years. yikes You're an angel I have nowhere near that much patience! rolleyes

DUMBO100

1,878 posts

214 months

Thursday 17th November 2016
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I got an unsolicited marketing letter which annoyed me so I wrote Return to Sender on the envelope and dropped it in the postbox. 2 Days letter I had the same letter delivered and did the same again. I received the same letter 4 times before that daft postie finally got the message

Hol

9,316 posts

230 months

Friday 18th November 2016
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If they just keep mailing it, then write the following on it, when you return to sender:

DECEASED.


Why? Because Swinton, obviously don't have a 'do not mail flag' or have any priority process as part of their administration.

But, when someone dies, that should activate a different procedure, whereby a human being will actually eyeball the account history. Sending paperwork to a dead person, is not only a waste of their money, it also has reputational risk issues as well, if it gets into the media.


You have nothing to lose. wink





Burwood

18,718 posts

276 months

Friday 18th November 2016
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i open all mail to my address, assuming the address is 100% as mine is. I don't care what any law says. It's in my post box and there are too many scams going on to just do nothing.

familyguy1

785 posts

162 months

Friday 18th November 2016
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why not open one of the letters? as the contents will contain a reference number so when you ring up you waste less time on the phone. just a thought.

fidzer

291 posts

201 months

Friday 18th November 2016
quotequote all
I had this for a while also. Although it was numerous names, and different insurance policies. I ended up opening the letters and calling the companies involved telling them that my address was being used to obtain vehicle insurance. It was obvious that some sort of fraud was going on and I was bloody sure I didn't want my address being related to that.

Took a few months to sort, but haven't had anything for ages now.

I wouldn't mind, but some of the policies were from the same insurer I use. I would have hoped some red flags were raised when that went through, but obviously not.


bitchstewie

67,989 posts

240 months

Friday 18th November 2016
quotequote all
Had something similar with Amazon, in one of lifes little ironies I wouldn't be surprised if they claim they can't do anything due to the DPA as you're not the person in question.

berlintaxi

8,535 posts

203 months

Friday 18th November 2016
quotequote all
Had the same thing, moved house and the dopy bint we bought from had the mail re-directed for 3 months which would be OK but she obviously never bothered to tell anyone she had moved, any post that comes for her now goes back in the box return to sender.

Ian Geary

5,627 posts

222 months

Friday 18th November 2016
quotequote all
Biker 1 said:
Swinton Insurance appear to think there is a Mr x living at my address.
Is his first name Malcolm? Haha


Postal Services Act 2000 Section 84-3 said:
A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
Plenty of wriggle room in there...guarding against fraud is surely a reasonable excuse. I always open post addressed to the previous occupier.

Ian

Red Devil

13,524 posts

238 months

Saturday 19th November 2016
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Ian Geary said:
Postal Services Act 2000 Section 84-3 said:
A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
Plenty of wriggle room in there...guarding against fraud is surely a reasonable excuse. I always open post addressed to the previous occupier.
Agreed. But reasonable excuse is not the most important part of that clause.

The key word is 'intending'. The mere fact that detriment may have been the outcome is not enough. The prosecutor will have to prove that was your intention.
As I said earlier, the chances of it even getting to court are vanishingly small. You have more chance of winning a tenner in the National Lottery.