bailifs calling today

sunbeam.ti

I thought it was actually illegal to open somebody else's post?

You may well be right on that point, but if mail comes to my house that I think may be detrimental to me or my family, I'm going to open it and act on it. I hope I've not shot myself in the foot on this point?

Anyway, thank you for all your help. It very much looks like I've got little to fear.

Thomas_Crown

naturally wrote: »

I thought it was actually illegal to open somebody else's post?

You are correct naturally, it is illegal to open somebody else's post. I was informed of this fact by a Trading Standards Officer from our local council.

RobertoMoir

anniecave wrote: »

someone else being chased for a debt at your address is not the same as identity theft.

Please don't confuse the two!

Thanks. Rant over!

I'm not confusing the two in the slightest. But there are some parallels to what is happening here.

busydaffodil1

Hi Sunbeam,
I think I am the Ward Councillor you spoke too yesterday. I am glad the guys/gals on here have helped a little. I said they are great!
Good luck with it all and even though I am not your ward Councillor, please ring me if your getting no joy in your own ward. Happy to help wherever possible.

Jimbo65

I would personally initiate proceedings against them for Harrassment. The 1997 provides for such cases, although initially set for stalkers, it sounds like these creeps are stalking you. You have to demonstrate harrassment and distress which in this case you have a clear set of facts. I would also ask the police to be on stand by for any breach of the peace on any date they advise you they will be attending.
It is actually up to them to prove the debt is yours, and if the address has been used fraudulently they cnanot just attribute that fraud or debt to you as a new tenant. It's actually very common, and these low lifes will be fully aware of the distress they are causing you. You can claim upto after 6 years afterwards, and the damages for dfistress are potentially substantial. Get yourself a decent solicitor to initiate action on a no win/no fee basis and go for maximum damages. Ak the police to consider taking out an injunction against them to keep them away from your property and keep everything in writing, if possible, filming them any time they turn up on your doorstep to demonstrate to the Court the seige mentality there actions have placede you in inside your own home. The Court will simply skin them. Good luck, go for the jugular and show no mercy. Like the banking and oil company scum in this country they do not understand anything else.

sunbeam.ti

Dear Busydaffodil, many thanks for your help,advice and support --- it has helped us on our way to hopefully solve this issue. (Seeing solicitor and MP on Monday).

Also many thanks to Jimbo65 you have raised some very good points for us to follow up.

annei_2

You've already been given some really good advice which I would reiterate:

Don't open post that isn't addressed to you but do record its arrival (and if you can see from the back of the envelope - who it's from) and record what you've done with it (you should just write on it that this person is not known at your address and put it back in the post box.

DON'T whatever you do let bailiffs in - once they've been in once they have a right to enter on subsequent occasions, but do be aware that if you leave windows or doors open that they can get in through then they are entitled to do this and the next time they call around they will be entitled to entry by dint of already having been in once (even though they may have come in without your permission through a window). They don't have a right to force entry unless they've been in before but beware, not all bailiffs apply strictly to good practice regulations and for that reason I wouldn't even open the door to explain myself to them - an upstairs window or through the letter box is the only way I'd communicate with them. Make sure that other people in your house are aware of the situation so that they don't let them in when you're not about or leave doors or windows open so that they can get in. Also don't fall for the "Can I use your phone/toilet" routine.

If it is bailiffs you'll have received notification from the Court othewise they are definitely debt collectors - different thing entirely and don't have the same rights as bailiffs - I like the paperboy and hairdresser examples used earlier and would concur with this.

Make records of all contact you have with them, explain that someone has used your address and the debt is not your. Keep meticulous records of all interaction you have with them dates/times/who called or phoned/what was said/any copies given to them and tell them if they continue to contact you now that they have all the information you can give them that the debt is not yours you will consider any further contacts as harrassment under the Protection from Harrassment Act (this worked for me when HBOS called me on numerous occasions persuing my daughter for a debt when she wasn't even living with me).

Finally - if they are claiming that you owe money it's up to them to prove it (on a balance of probabilities) not for you to disprove it (although obviously if you are able to provide them/the court with any evidence which tends to suggest that the debt isn't yours then the balance of probabilities is more likely to come down in your favour than theirs)

Hold strong - they tend to like easy targets - just target harden yourself.

ATB

Anne

GeorgeUK

I don't believe it's illegal to open post that's sent to your address, even if it has someone elses name on it - as long as you are not opening it for fraudulant purposes.

A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, opens a postal packet which they know or suspect to have been delivered incorrectly.

Interfering with mail - Postal Services Act 2000 Section 84

As for the question of bailiffs v debt collectors:
Debt collectors have no legal rights to enter your property without permission. Ask them to leave - if they refuse, call the police. They are trespassing.

If a bailiff is sent, they should have a warrant of execution from the court. The debtors name will be on this so you can inform the bailiff that this is not you and that the person has been using your address without your permission.

ifonlyitwaseasier

you might want to message herbie21, she knows a LOT about bailiffs and the legalities

good luck, it might be worth the effort of getting the solicitor to write a letter to the DCA stating that any further contact would be considered harrassment

good luck

sunbeam.ti

We've been to the solicitor and our MP. Their both sending letters to all guilty
parties !! :beer:

Now we'll see how they like it :rotfl:

Thanks to all that have helped :T