Prior occupant still using my address - what to do?

Flower08

This has been and still is happening to us at our rented flat.

We have been here for about a year and kept getting letters. I kept returning them to sender. We have had numerous bailiffs turn up on our doorstep for her various different debts. Whilst it is slightly annoying, it is nothing to be worried about - simply prove you are not that person.

I would say though - dont open any more of the mail, as it is an offence. Just return it to the sender. They may eventually get the message, but if anyone does turn up its nothing to worry about.

olly300

Flower08 wrote: »

I would say though - dont open any more of the mail, as it is an offence.

Absolute rubbish.

It's only an offence to open someone else's mail if you are going to act against someone's detriment.
See here (Section 84): http://www.england-legislation.hmso.gov.uk/acts/acts2000/en/00en26-b.htm

Unfortunately companies are wary of mail marked "Return to sender" as people who have not moved but are in debt can use this to try and get the debtor to leave them alone.

However if you keep returning mail to sender don't be surprised if you eventually get a letter addressed to the occupier asking for details. Alternatively the debt collecting company can ask your neighbours' questions.

I suggest:
1. Put your name on the electoral roll and get the removal of other people registered at your particular address who no longer live in the residence.

2. Open the mail as:
a. If the mail is from banks, credit card companies or any other financial institution as others have indicated they will be interested in hearing from you. They may freeze the account.

b. If the mail is from utility companies they will also be interested in hearing from you, and will stop chasing the debt at your address when you contact them and give them your landlord's details.

3. Have ID like a driving licence and a copy of your tenancy agreement easily assessable plus your door keys. If a bailiff calls get the documents and keys, open the door and shut it so it's locked behind you and do the discussion on the doorstep. DO NOT LET THEM THEM ENTER THE FLAT. Also if it's hot be careful how wide you open your windows as bailiffs are allowed to enter through open windows.

Gingernutmeg

We've had this in practically every place we've moved in to. What I do is write 'no longer at this address, return to sender' oin big red letters on the envelopes and stick them straight back in the nearest post box. Eventually you will find that the post stops coming. And like previous posters have said, baliffs aren't a problem so long as you can easily prove that you're not the person they're after. We've found that showing them the tenancy agreement usually does the trick.

Flower08

olly300 wrote: »

Absolute rubbish.

.

I dont think theres any need to be quite so rude. I'm not an expert and im sure i am not the only person who thought it was offence.

Flower08

Gingernutmeg wrote: »

We've found that showing them the tenancy agreement usually does the trick.

Yes this is what we do. We always have a copy to hand. Dread to think of the amount of debt the previous tenant of this flat was in, as we have had several visits from the bailiffs!

ShelleyC_2

I've been in my flat over a year and still get nos red bills and threats from baliffs about previous occupants.

I have a standard letter with copy of letter from landlord stating I'm the tenant. I fax it to any of the baliffs - so far none have actually turned up here.

AdrianW2

olly300 wrote: »

3. Have ID like a driving licence and a copy of your tenancy agreement easily assessable plus your door keys. If a bailiff calls get the documents and keys, open the door and shut it so it's locked behind you and do the discussion on the doorstep. DO NOT LET THEM THEM ENTER THE FLAT. Also if it's hot be careful how wide you open your windows as bailiffs are allowed to enter through open windows.

A bit overkill this. First off the advice you give is about County Court bailiffs enforcing a warrant of execution. Even a county court bailiff is still committing an offence if they take someone else's possessions, and merely telling them is sufficient that they can't claim ignorance

In practice county court bailiffs are moderately professional. More likely is a private debt collector, who can safely be told where to go.

Rules are slightly different for council tax or inland revenue debts.

Flower08

AdrianW2 wrote: »

A bit overkill this. .

I agree. I have had several bailiffs at my door (and dont find them a threat as i know they are not there for me) for the previous tenant. Even if you were to let them in the flat they wouldnt/shouldnt take anything until they have established who you are - by which time i would hope anyone would have the common sense to correct them, showing ID etc.