Debts of previous householder.
Discussion
Spitfire2 said:
xx99xx said:
If you go down the GDPR route, bear in mind they may come back at you and say it's illegal to open mail that isn't addressed to you.
They would be wrong.“The Postal Services Act 2000 says: Quote:
84 Interfering with the mail: general
(1) A person commits an offence if, without reasonable excuse, he—
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or
(b) intentionally opens a mail-bag.
(2) Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(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.
(4) Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5) A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
So [once the letter has been delivered to your address] it is only illegal [to open it] if you intend to act to a person’s detriment and without reasonable excuse.
Originally posted by glider3560"
Emphasis added.
chili1 said:
Thanks for all the replies.
I haven't tried social media - that will be my next step.
I've threatened legal action - they basically said "bring it on". I suspect that their pockets are deeper than mine!
The previous occupier also told the council that I owned the house and he was just renting when he lived there. Council chased me for 3 years of council tax. Sums up the previous occupier really!!
Is it possible the little tinker is in touch with the bank by phone or email and keeps confirming that he is still a tenant at the property to keep the bank off his back? I haven't tried social media - that will be my next step.
I've threatened legal action - they basically said "bring it on". I suspect that their pockets are deeper than mine!
The previous occupier also told the council that I owned the house and he was just renting when he lived there. Council chased me for 3 years of council tax. Sums up the previous occupier really!!
chili1 said:
xx99xx said:
If you go down the GDPR route, bear in mind they may come back at you and say it's illegal to open mail that isn't addressed to you.
They've already tried that.My response was:
Its reasonable to assume that any mail delivered to my house is intended for me.
As I suspect fraud, I need to open it to find out who to contact.
Have you actually raised the GDPR issue with them, and the potential breach of GDPR regs they are committing by continuing to send personal details to your address which you have confirmed is not the address of the person they are interested in?
You could try contacting their Group Data Protection Officer:
If you feel we have not answered your question Lloyds Banking Group has a Group Data Privacy Officer, who you can contact on 0345 602 1997 and tell us you want to speak to our Data Privacy Officer.
They should understand the implications of a GDPR breach.
Mention to them that you're considering making a complaint to the Information Commissioner's Office (ICO) Contact detail here
Alternatively, actually make a complaint to the ICO.
They will likely take notice with potentially huge fines if the ICO decides they are in breach of the regulation.
All the above obviously IMHO, and IANAL.
You should use the Protection from Harassment Act 1997. Section 1 makes it a criminal offence "to pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other."
Section 3 also says that a victim of harassment can sue the person responsible for damages (financial compensation).
I'd therefore suggest you write to them as follows:
Dear Sirs
I refer to the numerous attempts I have made to inform you that I am not the person who owes you money, all of which you have ignored.
I have now taken legal advice, and I am advised that your conduct over the last four years amounts to "harassment" under the provisions of sections 1 and 3 of the Protection from Harassment Act 1997.
As you will be aware, section 1 makes your conduct a criminal offence, and section 3 gives me the right to claim damages from you. I am also empowered under section 3A to seek an injunction in the County Court to prevent any further harassment.
I would refer you to the case of Ferguson -v British Gas Trading Ltd [2009] EWCA Civ 46
I therefore demand that you immediately cease sending me any further demands for payment of the alleged debt. I also require a written apology and compensation of £x calculated on the basis of £25 for every unjustified letter that you have sent me after I informed you of your error [I don’t know if it's feasible for you to calculate this, if not just put in a figure of, say, £400 based on £100 a year or any other figure within reason that you feel is appropriate].
If you ignore this instruction I shall (1) report your conduct to the police as being a criminal offence; and (2) seek damages and / or an injunction and legal costs through the County Court.
Should that course of action prove necessary I reserve the right to produce this letter to the Court with regard to the question of costs.
Yours etc
I'd recommend actually sending a proper letter by post, or even better, recorded delivery. This is far more likely to be read than an email. It should also ideally be addressed to the CEO - if you provide the name of the bank I can let you have the name and address to send it to.
And for anyone interested in the Ferguson case there's more information here - https://www.brownejacobson.com/insurance/training-...
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other."
Section 3 also says that a victim of harassment can sue the person responsible for damages (financial compensation).
I'd therefore suggest you write to them as follows:
Dear Sirs
I refer to the numerous attempts I have made to inform you that I am not the person who owes you money, all of which you have ignored.
I have now taken legal advice, and I am advised that your conduct over the last four years amounts to "harassment" under the provisions of sections 1 and 3 of the Protection from Harassment Act 1997.
As you will be aware, section 1 makes your conduct a criminal offence, and section 3 gives me the right to claim damages from you. I am also empowered under section 3A to seek an injunction in the County Court to prevent any further harassment.
I would refer you to the case of Ferguson -v British Gas Trading Ltd [2009] EWCA Civ 46
I therefore demand that you immediately cease sending me any further demands for payment of the alleged debt. I also require a written apology and compensation of £x calculated on the basis of £25 for every unjustified letter that you have sent me after I informed you of your error [I don’t know if it's feasible for you to calculate this, if not just put in a figure of, say, £400 based on £100 a year or any other figure within reason that you feel is appropriate].
If you ignore this instruction I shall (1) report your conduct to the police as being a criminal offence; and (2) seek damages and / or an injunction and legal costs through the County Court.
Should that course of action prove necessary I reserve the right to produce this letter to the Court with regard to the question of costs.
Yours etc
I'd recommend actually sending a proper letter by post, or even better, recorded delivery. This is far more likely to be read than an email. It should also ideally be addressed to the CEO - if you provide the name of the bank I can let you have the name and address to send it to.
And for anyone interested in the Ferguson case there's more information here - https://www.brownejacobson.com/insurance/training-...
Pro Bono said:
You should use the Protection from Harassment Act 1997. Section 1 makes it a criminal offence "to pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other."
Section 3 also says that a victim of harassment can sue the person responsible for damages (financial compensation).
I'd therefore suggest you write to them as follows:
Dear Sirs
I refer to the numerous attempts I have made to inform you that I am not the person who owes you money, all of which you have ignored.
I have now taken legal advice, and I am advised that your conduct over the last four years amounts to "harassment" under the provisions of sections 1 and 3 of the Protection from Harassment Act 1997.
Brilliant, thank you!
As you will be aware, section 1 makes your conduct a criminal offence, and section 3 gives me the right to claim damages from you. I am also empowered under section 3A to seek an injunction in the County Court to prevent any further harassment.
I would refer you to the case of Ferguson -v British Gas Trading Ltd [2009] EWCA Civ 46
I therefore demand that you immediately cease sending me any further demands for payment of the alleged debt. I also require a written apology and compensation of £x calculated on the basis of £25 for every unjustified letter that you have sent me after I informed you of your error [I don’t know if it's feasible for you to calculate this, if not just put in a figure of, say, £400 based on £100 a year or any other figure within reason that you feel is appropriate].
If you ignore this instruction I shall (1) report your conduct to the police as being a criminal offence; and (2) seek damages and / or an injunction and legal costs through the County Court.
Should that course of action prove necessary I reserve the right to produce this letter to the Court with regard to the question of costs.
Yours etc
I'd recommend actually sending a proper letter by post, or even better, recorded delivery. This is far more likely to be read than an email. It should also ideally be addressed to the CEO - if you provide the name of the bank I can let you have the name and address to send it to.
And for anyone interested in the Ferguson case there's more information here - https://www.brownejacobson.com/insurance/training-...
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other."
Section 3 also says that a victim of harassment can sue the person responsible for damages (financial compensation).
I'd therefore suggest you write to them as follows:
Dear Sirs
I refer to the numerous attempts I have made to inform you that I am not the person who owes you money, all of which you have ignored.
I have now taken legal advice, and I am advised that your conduct over the last four years amounts to "harassment" under the provisions of sections 1 and 3 of the Protection from Harassment Act 1997.
Brilliant, thank you!
As you will be aware, section 1 makes your conduct a criminal offence, and section 3 gives me the right to claim damages from you. I am also empowered under section 3A to seek an injunction in the County Court to prevent any further harassment.
I would refer you to the case of Ferguson -v British Gas Trading Ltd [2009] EWCA Civ 46
I therefore demand that you immediately cease sending me any further demands for payment of the alleged debt. I also require a written apology and compensation of £x calculated on the basis of £25 for every unjustified letter that you have sent me after I informed you of your error [I don’t know if it's feasible for you to calculate this, if not just put in a figure of, say, £400 based on £100 a year or any other figure within reason that you feel is appropriate].
If you ignore this instruction I shall (1) report your conduct to the police as being a criminal offence; and (2) seek damages and / or an injunction and legal costs through the County Court.
Should that course of action prove necessary I reserve the right to produce this letter to the Court with regard to the question of costs.
Yours etc
I'd recommend actually sending a proper letter by post, or even better, recorded delivery. This is far more likely to be read than an email. It should also ideally be addressed to the CEO - if you provide the name of the bank I can let you have the name and address to send it to.
And for anyone interested in the Ferguson case there's more information here - https://www.brownejacobson.com/insurance/training-...
Swervin_Mervin said:
Seriously, try the credit file route first. You get to deal with them rather than the bank directly. If they write back and outline why they don't feel they can/will remove the link you can re-state your case and they will listen. As the credit reference agency they are the arbiters.
Been there and done it myself many years ago after someone falsely associated themselves with my address to get appliances and mobile phones etc on credit.
This will serve no purpose whatsoever. Credit files are linked to a person, not to an address. Unless you've shared a financial account with the other party, there will be nothing on your credit file. Living with someone does not in any way associate you with their debt. OP could register their address for potential fraud with a Cifas marker, which will stop the other person taking out additional credit, but it will also make it more difficult for OP to take out credit.Been there and done it myself many years ago after someone falsely associated themselves with my address to get appliances and mobile phones etc on credit.
You also don't need to pay for access, there are websites where you can check all the major CRAs for free. (Clearscore, Noddle, and moneysavingexpert's Credit Club cover the three main ones between them)
A friend started getting letters chasing her for details of a previous tenant with the threat of visiting her property if she didnt comply. The company behind the letters turned out to be a well known group of scumbags based in Mersyside that use multiple names to disguise the actually company behind the letters.
The companies names used on the letters never traced back to an actual company but there was one common thing, the trading address of the companies was all the same.
The solution was, to use the trading address to find which company was behind the letters, search companies house an identify the scumbag directors behind the company..... Send letter to directors home address pointing out he is a scumbag causing alarm and distress to an innocent member of the public in their own home and he will be reported to the police if he does not desist.
The companies names used on the letters never traced back to an actual company but there was one common thing, the trading address of the companies was all the same.
The solution was, to use the trading address to find which company was behind the letters, search companies house an identify the scumbag directors behind the company..... Send letter to directors home address pointing out he is a scumbag causing alarm and distress to an innocent member of the public in their own home and he will be reported to the police if he does not desist.
Take a photo of a letter that they have sent the previous owner and post it to their facebook page.
With a short explanation that you have already informed them that the previous owner has not lived there for four years
If you listen carefully you may hear explosive defecation as they trip over their selves to get it off facebook.
With a short explanation that you have already informed them that the previous owner has not lived there for four years
If you listen carefully you may hear explosive defecation as they trip over their selves to get it off facebook.
spikyone said:
Swervin_Mervin said:
Seriously, try the credit file route first. You get to deal with them rather than the bank directly. If they write back and outline why they don't feel they can/will remove the link you can re-state your case and they will listen. As the credit reference agency they are the arbiters.
Been there and done it myself many years ago after someone falsely associated themselves with my address to get appliances and mobile phones etc on credit.
This will serve no purpose whatsoever. Credit files are linked to a person, not to an address. Unless you've shared a financial account with the other party, there will be nothing on your credit file. Living with someone does not in any way associate you with their debt. OP could register their address for potential fraud with a Cifas marker, which will stop the other person taking out additional credit, but it will also make it more difficult for OP to take out credit.Been there and done it myself many years ago after someone falsely associated themselves with my address to get appliances and mobile phones etc on credit.
You also don't need to pay for access, there are websites where you can check all the major CRAs for free. (Clearscore, Noddle, and moneysavingexpert's Credit Club cover the three main ones between them)
As for getting them for free, fair enough. I've always just paid the £2.50 for the statutory report, from each of the CRAs
chili1 said:
It's Lloyds bank.
Deal direct with the organ grinder, not the monkeys - https://www.ceoemail.com/s.php?id=ceo-9304For sure tell him how upset you are by his organisation's actions and responses to date.
But remain polite and don't go in all guns blazing with threats of legal proceedings.
An e-mail to the CEO is my standard method of dealing with intransigent large companies/corporations.
Has always worked for me. My most recent one (credit card provider) was 4 months ago.
Got a fulsome apology and a goodwill offer of compensation (which I wasn't expecting and hadn't even asked for).
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