Debt not belonging to us

Thea

Im not sure if this is the right place but i could do with some help.

A woman took out a credit card and then when she defaulted the bills started coming to my familys address. Despite numerous contact with Aktiv Kapital they refuse to stop sending the letters. We pointed out that she only 'moved' here when she started to default and that she has never being listed on the electrol roll for this house (we checked).

All the idiots you speak to can say is that if you give us your phone number we will deal with it. Im not in the habbit of handing out bullets!

What can i do to stop these letters.

Ps the name is completely different from the people in my household so there is no mistake.

worried_jim

nothing- they will send the letters to all the address they have their records until she responds to one and updates them with her correct and current addr, if she then defaults again they will again send all the letters to all her addreses in the hope that one will reach them. They cant remove your address as that would mean changing account details via a third party- a breach of the data protection act. just put them in the bin or return to sender. you have nothing to worry about. dont waste your time calling them. good luck.

Moggles_2

It is an offence to open or destroy post that is addressed to someone else.

I would just mark it return to sender and put it back in the post.

Thea

Thanks i think we'l start returning them to sender.

Although im suprised im commiting an offence since (a) its addressed to my home and (b) she quite clearly did this on purpose to avoid the debt.

naijapower

Dont think she gave them your address. Aktiv Kapital are hopelessly desperate. You can search this forum, there is a full thread dedicated to them

Moggles_2

Thea wrote: »

I'm surprised I'm committing an offence since (a) its addressed to my home and (b) she quite clearly did this on purpose to avoid the debt.

You didn't know that when you opened the first letter though, did you?

I understand how irritating it must be, but there's no sense in putting yourself in the wrong.

worried_jim

dont panic- put it in the bin !

cyril82

Moggles wrote: »

It is an offence to open or destroy post that is addressed to someone else.

I would just mark it return to sender and put it back in the post.

it is an offense, just one of them offenses that no one bothers to enforce.

Don't worry, you're unlikely to get in trouble, but i would mark them return to sender and pop them back in the post box as they are unlikely to keep paying to send out letters knowing they are just going to come back.

Stuart107

It is not automatically an offence to open mail addressed to someone else, at least, not in the UK.

A quick google search shows that under Section 84 of the Postal Services Act 2000 it is an offence if either:

• A person intentionally opens mail without reasonable excuse during the course of transmission by pos.
• A person opens mail intending to act to a person's detriment and without reasonable excuse which they know or suspect to have been delivered incorrectly.

Given that the OP has reasonable excuse (since the address is right and they want to stop future mail) and, presumably, intend to act to the person's detriment then no offence is committed.

POSSETTE

worried_jim wrote: »

nothing- they will send the letters to all the address they have their records until she responds to one and updates them with her correct and current addr, if she then defaults again they will again send all the letters to all her addreses in the hope that one will reach them. They cant remove your address as that would mean changing account details via a third party- a breach of the data protection act. just put them in the bin or return to sender. you have nothing to worry about. dont waste your time calling them. good luck.

I believe this is wrong... i am in same position.
My neighbours are married, i had a letter with a S*** Mitchell as the name,i know no one of this name so i opened it,it was about a small debt of around £100.I ignored it,then another one arrived,i clicked that neighbours first name was S*** so i gave it them,she said it was her maiden name,and would sort it.She later told me it was nothing to do with her as she didnt owe owt!:rolleyes:
I keep getting her letters,so i sent 3 back, return to sender,then i got another after few weeks,(last week)and i am so glad i opened this one...a debt collector was coming to my house the following week (now) for the payment of £18500..:eek:
I called them up to explain the mistake...it was quite funny really as the phone was not answered by a 17yr old call centre girl..he actually sounded like a 6' thug with an attitude!;) BUt he did change her address to thier address,and so far ...no bailiffs this week.:beer:

shame really..i was ready for them 100%:D

byebyedebt

Easy to get an address wrong. A slip of the finger etc.