Baliffs or interfere with the post?

[chris1roll]

Hi all, looking for some advice,
We moved into new rented accomodation the last week in September, after the previous occupants got kicked out. It would appear that they ade no effort to change their adress with anyone, judging by the amount of post from the DWP, banks, everything (a lot of which was coming with the same forenames, but more than one surname ) For three months everything was marked not known at this address and shoved back in the postbox. Usually half of it arrived back the next day We're starting to get a tad fed up with doing this now though.
However, since about a month ago, we have been receiving letters addressed to them from a debt collection agency, we know this because their big red logo was blatantly visible through the envelope. These had a PO box on the reverse, and were marked return to sender not known etc etc.
Said collection agency have either been totally ignoring this or don't believe it, as when I got home tonight there was another letter on the mat with "enforcement" written on it... I'm getting a little peturbed about it now, so I have held it up to the light and they are now apparently starting legal proceedings to get a CCJ against them, and then send the baliffs round....
1, I believe if a CCJ is taken out on this address, it will somewhat adversly affect our credit rating.
2) I don't want the baliffs nicking out television to pay someone else debt.

So, do I send this envelope back, as before and hope that this time they take some notice, or do I contact the company myself, thereby implying I have opened someone elses post, which I believe is illegal..(though what the hell I'm supposed to do with stuff with no return address is anyones guess, as i'm sure binning it is also frowned upon)

Thanks,
Chris



>> Edited by chris1roll on Wednesday 18th January 17:15

[Eric Mc]

It's a criminal offence to open someone else's post.

[dern]

If you can see the logo and work out who they are then find out their phone number from yellow pages and give them a call to explain the situation.

Having been in this situation I 'accidentally' opened the letter and when I realised my mistake I called the debt collection company and explained the situation to them. Heard no more about it.

Mark

>> Edited by dern on Wednesday 18th January 17:29

[kerfuffle]

I'd accidentally open the envelope and call them, or just wait until they show up at the door and sort it out then. You won't get a CCJ or your tele nicked - don't worry.

[Parrot of Doom]

www.mpsonline.org.uk/mpsr/

[paulhol]

just answer the door to the bailiffs with your ID in hand to show them you arent who they think you are and they should? leave you in peace

[chris1roll]

Thanks everyone, we signed up to the mail preference service, and the telephone preference service as soon as we moved in...

[Frederick]

I'm sure your 3 year old niece/nephew could come round and accidentally tear open all the envelopes...

[Jay GTi]

I had exactly this on a flat I was in for a while. I just took the mail around to the letting agency that I was renting the house from and told them to sort it as it is their problem. If nothing is done, your own credit history won't be blighted, but as credit check agencies search the address as well, you may still have problems getting credit while living there. However, you can get the letting agency/landlord to clear this as well (well mine did anyway).

[xxplod]

Erm, opening someone else's post a criminal offence?

Section 84 (3): Postal Services Act 2000

(3) 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.

If you are opening mail as the legit occupier of a house with the sole aim of preventing the infringement of your Human Rights, namely the ejoyment of one's possessions, by bailiffs possibly removing them, you have a reasonable excuse, and you are not acting to anyone's detriment.

The offence of opening mail has to have a dishonest intent to it, so go ahead, open the mail and do what you need to to sort this out.




>> Edited by xxplod on Wednesday 18th January 22:00

[princeperch]

Eric Mc said:

It's a criminal offence to open someone else's post.

going on that logic it would be illegal for a company MDs PA to sort through his mail of a morning.

XXPLOD is spot on with this. No mens rea = no crime.

[david87M3]

this happened to me at my first house.
My solicitor advised me to open the post (by accident of cource) and ring the company involved and explain to them what had happened.
" Hello i have opened this letter by accident but the person who you are chasing no longer lives here, please check the electoral roll and if you still do not beleive me send an represnetative round an I will show you my pasport and assist you in any way I can".

Not sure if this was good or bad advice but it worked with some of the debt companies.

Not being a regular poster on here I am sure someone will be better informed than me.
as far as credit referancing go's I am sure the surname and the adress have to match uf for blacklisting purposes

Good luck

[Kentish]

kerfuffle said:

I'd accidentally open the envelope and call them, or just wait until they show up at the door and sort it out then. You won't get a CCJ or your tele nicked - don't worry.

And for gods sake don't give them your own name and any other details.

I did once when Ford Finance kept sending me somebody elses post and a few days later this other persons debt had been transferred into my name and they were demanding that I settle it.

I'll never do that again!