Debt not belonging to us

never-in-doubt

If you open a letter in order to obtain the return address; this is perfectly legal. I would use the following template to get them to stop.

See how you get on - just amend the bits as you see fit. Worked for me.

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Dear Sirs,

Reference: XXXXXXXXXX / Breach of Data Protection, Debt Collection & Harassment Laws

I have been receiving letters from your company for the last year or so and each time I receive one I photocopy the envelope, date it (for my proof) and return the letter back to you as addressee unknown. On a couple of occasions I have telephoned your offices and tried to explain this person is unknown to me and have been met with rudeness and a generally unprofessional approach by your staff.

Further to my repeated requests for you to cease processing data about an individual unknown to me, at my address, I formally demand this ends here and now, today. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 along with many more.

As you are no doubt aware, the law stipulates that the moment you receive notification that a person does not reside at an address given to you then you must immediately cease communication until you are satisfied you have taken the necessary steps to confirm that the person does indeed reside where you stipulate.

In this instance you are way off the mark and a simple search of electoral register records will confirm who resides at my address and I am quite certain you will not find the named person on the communication I keep receiving.

This letter is a formal demand for the immediate cessation of communication. I demand that you immediately remove my address from your systems and shred every piece of data that bears it because I have no dealings with you or any of your subsidiaries.

I expect, within 14 days, a response from a senior manager confirming the above has been actioned with a personal guarantee that I will never receive any mail at my address again for persons unbeknown to me. Failure to comply will result in my seeking immediate legal advice.

I respectfully request a response to this letter in 14 days.

Yours faithfully,

never-in-doubt

aron wrote: »

You need to consider how the act defines a 'Reasonable excuce'. Bear in mind that because you yourself 'think' the op had a reasonable excuse does not make it factual in law. Just because a letter arrives in the name of someone you have never heard of, that in itself does not make it a reasonable excuse for someone else to open a letter not addressed to them to see what it's about, then start making 3rd party enquiries regarding someone elses debt.

As i said before, op would have been none the wiser why these letters were being delivered to thier address if they had not opened them & got themselves involved in direct communication with the debt collector. All you need to do is return it unopened to sender marked 'Not known at this address'.

Yes, as in my last post it is perfectly normal and acceptable to open mail in order to determine the sender and then return it to the sender or use their address as communication toward cessation.

The law is vague but clear in itself that in order to ascertain ownership it is perfectly lawful to use reasonable means to assist. I'd say opening a letter so you can ensure it goes to the right person is perfectly legal - well I know for a fact it is.

aron wrote: »

Of course, that is only necessary if there is no return address on the back of the envelope, which in 90% of cases there is so there would be no reasonable excuse to open a letter if you already know who to return it to.

No mate, you can open in order to ascertain where to return it. Ok, in my case I had like 5 letters a week from varying companies, some were the same but used different addresses on the reverse.

So I could keep control of who and what was sent, for my legal argument for harrassment, I opened each and every letter for a period of 30 days and then sent the above letter with each one.

They all stopped after about 2 weeks.

never-in-doubt

aron wrote: »

And as i said, In 90% of cases you don't need to open a letter to find a return address because it will be printed on the back of the envelope specifically so that if it does arrive at the wrong address you can return it unopened. I'm not getting into another round of one of your 'I'm right and everyone else is wrong' marathons 'mate'.

Its not a case of that but i'm quite clearly explaining to you that the same lender uses varying addresses; i.e. Halifax (PO Box XXX, Edinburgh; PO Box XXX, Cardiff; PO Box XXX, Leeds). You shouldn't have to go round in circles - thus open and tick em off when they respond...

Also, maybe you forget those that send a postcard that say 'please ring so we can arrange a delivery' - trust me mate there are a host of reasons but it is lawful to open mail if done in the right manner and not for fraud/personal gain etc.... obviously you could prove it wasn't malicious!

kozyavka

I think that woman didn’t give your address. Aktiv Kapital might not have her current address. That’s why they sent letters to all the possible addresses they have on their records. Aktiv Kapita is too much concern about their money. They just want to find out that woman by sending letters to all possible addresses. So don’t get worried about that. Take it easy. nothing will happen:)