Barclaycard chasing previous house owner

keith969

Wonder if anyone can give advice... I moved into my new house 3 months ago, ever since I have received regular letters to a previous owner of the house. Not the people I bought from, but the people before them who sold in December 2006.

I have no forwarding address for these people, and despite putting 'No longer at this address' and returning them, they kept coming. So I opened one of them, and found it was from a debt collection agency. Apparently this guy owes Barclaycard about £8000.

Question is, what should I do about it? Should I contact Barclaycard or the debt collection agency (in which case they will know I've opened the letters, depite them being marked 'private and confidential'?). Or should I just ignore them?

I do find it rather odd that its been 3 years since this person moved house and they are still chasing him at this address...

Morgans_Dad

Just leave it and start throwing them in the bin if return to sender is getting boring. Remember the previous debtor has not broken the law by not paying it off, its a civil matter. Interfering with someone else's post however is a criminal offence and its just not worth opening yourself up to such risk when you have nothing to gain. My thoughts anyway...

keith969

Well that's what I thought, however the debt collector's letters are rather threatening, and one was delivered by hand while I was out. Don't want to come home and find a bunch of heavies on the doorstep, even if its nothing to do with me.

Alex_LS

The letters are not to you, so cannot be threatening you. They also don't employ 'heavies'. Return the letters to them, reminding them of their obligations under the Data Protection Act to ensure their information is correct.

molerat

Send a recorded delivery letter to the debt collectors stating the facts and state that any more post from them will be disposed of and any contact from them, excluding acknowledgement of your letter, will be charged at £20 per hour or part thereof per letter or contact.

NickX

Alex_LS wrote: »

The letters are not to you, so cannot be threatening you. They also don't employ 'heavies'.

Actually they do.

Whatsmore the less professsional DCAs will attempt to get repayment using aggression even if that person is not the actual debtor.

I have been in this position and had a DCA call me about a debt from a previous occupant. He was about the most unpleasant individual I have ever had the pleasure of dealing with. However, once I pointed out his (lack of) rights and the fact that I wasn't the debtor he decided to redeploy his resources elsewhere.

To the OP, I wouldn't worry unless the DCA call\visit you. Then make it clear in no uncertain terms that you are not the debtor and accept no responsibilty for the debt and send them on their way. They will soon dissappear when they realise there is no easy pickings to be had.

Good Luck.

HappyMJ

They may not believe that the previous owner has left so they will keep trying. I've had problems before as previous tenants were still on electoral roll. Get them off and you on and when the DCA do a check they will see that part of information is updated. The "heavies" aint that bad (to a non-debtor) just prove who you are to them and the debt will be returned to DCA.

Dabooka

I've had this with our place, I've rang them up and told them they've gone. They said they wanted proof he no longer lived there, but I told them to get bent, not my problem etc.

Initially they said it wouldn't change anything, but we've had nothing since so I guess it worked. Either way, nothing to worry about but at least you're being pro-active in trying to stop it all.

Good luck!

LeeSouthEast

It's only an offence strictly speaking to interfere with mail in transmission. It can be deemed transmission is complete once the postman puts the letter through the door.

Dabooka

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).

Morgans_Dad

"It's only an offence strictly speaking to interfere with mail in transmission. It can be deemed transmission is complete once the postman puts the letter through the door. "

I wouldn't like to try that one out in court really! Knowing that the letter has someone else's name on it, means transmission isn't really complete until it lands in that persons hands or returned to sender, surely? Knowing its not your mail, the person doesn't live there means the mail is still in transit. IE it hasn't reached correct destination yet.