DVLA Collection Services

Dabooka

Hi there,

Me and the missus are receiving letters form Philips Collection Services Ltd for a debt owed to the DVLA for the previous owner of the house. We moved in a year last August, and for quite some time all their post was redirected, now we tend to just pop it back in the post stating not at this address (normally just marketing flyers etc). These letters appeared, and as normal I popped them back in the post box, but after about 4-5 of them I had enough and opened one to call them up. Then discovered it was these guys chasing £80 for the DVLA.

I've just called them to let them know the situation, and the rather unhelpful lady on the other end of the phone basically said if I can't prove he's not there, they'll continue with the letters. Which seems a bit off, really. I understand that they must get people calling to try it on all the time, but surely I shouldn't have to notify them who lives here to prove who doesn't?! She told me they're unable to check the Electoral Roll, so all she can do is note my claim he no longer resides at the address and I can expect more letters, the next stage being doorstep recovery people.

I can send them a copy of the Council Tax bill with me and the missus on, I just don't feel I should. Surely they can search for him to see he doesn't leave at the out.

What would you do?

Cheers,

Dabooka

DarkConvict

I can't see why they would send more letters, there records are inaccurate and you have provided better data, under DPA they should update their records with the information that they do not know where he lives.

I don't believe there is anything wrong in sending letters to an address, so not sure if you can proceed much further.

P.s. your not meant to open someone elses mail.

Interfering with mail - Postal Services Act 2000 Section 84

Triable Summarily (Magistrates court)
6 Months and or a fine (Max)

A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.

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.

If you work for the Post service you could commit other offences under Section 83 triable either way (Magistrates or Crown court) and get a sentence of 2 years and or a fine.

Dabooka

Thanks for the quick reply Mr Convict. I think the same, I've done the decent thing and tried to notify them, I just don't see why I should let them them know who does live here to prove who doesn't!

RE: Opening the mail; yeah I know you're not supposed to , but I consider this a "reasonable excuse" as they have clearly ignored the previous returned letters.

Thanks anyway!

Dabooka

BUUUUUMMMP!! 36 views and no comments?! :rolleyes:

chappers

just keep throwing them in the bin eventualy they will give up.
You could get onto the DVLA, they will probably be a bit more realistic and helpful.

Dabooka

chappers wrote: »

just keep throwing them in the bin eventualy they will give up.
You could get onto the DVLA, they will probably be a bit more realistic and helpful.

Hmmm, didn't think of that (the contacting DVLA bit, as opposed to chucking them in the bin!).

g_attrill

DarkConvict wrote: »

P.s. your not meant to open someone elses mail.

You are highly unlikely to get into trouble for opening letters to inform that sender that the person has moved. It's hardly to their detriment, unless debt collectors catching up with them is considered so! They must regularly get "addressee has moved" returned and probably ignore them, so a new tenant/owner contacting them directly is really the only way to stop them.

If it is a clearly of a personal nature or marked private/confidential then I would not open it.

LeeSouthEast

DarkConvict wrote: »

P.s. your not meant to open someone elses mail.

None of the legislation you quoted applies here.

Interfering with mail - Postal Services Act 2000 Section 84

Triable Summarily (Magistrates court)
6 Months and or a fine (Max)

A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.

I would suggest this is a reasonable excuse. It could also be argued once it is through your letterbox, it is no longer 'in the course of transmission'. It has reached the end of the line.

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.

Yes they have opened it, but without the intent to act detrimentally to any other.

If you work for the Post service you could commit other offences under Section 83 triable either way (Magistrates or Crown court) and get a sentence of 2 years and or a fine.

Does not apply (unless the OP is a postie, I suppose).

Daffykjs

We had this for ages about a utilities bill. we at first rang them and told them (trying to be helpful) but they said there was nothing they could do, so they kept sending them and i kept returning 'not at this address' and they eventually stopped!

I'd say just keep sending them back. hopefully they'll eventually get the message.

(PS. I've often opened others people's post by mistake! We've lived in our house for 7 years now and i don't expect it not to be to us so I open everything, normally without looking at who it's too! oops!)

hypno06

We once rented a place for a year, and the previous tenant had been less than reliable in paying things like council tax while she was there, and also while she was at previous addresses.

After two doorstep visits from court bailiffs, who thankfully were very good in the way they handled the whole thing, we started opening post addressed to the previous tenant where we could see it was of a "chasing" nature......

In every instance where we rang the people she owed money to, they were grateful to us for getting in touch, and they stopped sending both chase up letters, and bailiffs to our address.

I would not hesitate to do so again - who is more lawful, me in opening her post to avoid undue stress in my already stressful life, or her doing a runner leaving a trail of unpaid taxes? Maybe two wrongs don't make a right, but they certainly went a long way towards it from where I was standing!

DarkConvict

Points well made Lee :-)

Your right i guess you could argue their is a reason for opening the post, if after a month of letter all returned to sender with not at this address written on them. Maybe it is important it is dealt with by the current resident, to tell them to stop