Bad debt of previous home owner

picklepick

Can I also add that the advice about it affecting your credit rating isnt always correct. I check my credit report periodically online and recently found that a previous tennants defaulted Virgin account had been added to my file. We shared nothing except an address and the same first name. This has now been resolved but its always a good idea to check your credit report if you're concerened. Its free to do if you sign up for a free trial and then cancel withing the free trial period.

DVardysShadow

lvader wrote: »

The only way it wouldn't be illegal is if you do it by mistake.

You are mistaken. The law has been quoted here many times and dissected.

By all means, quote it again - and unless you really do have something new to show us, it can be dissected again to show you that provided you are not acting to the detriment of the person named as addressee and you are not opening mail in transmission, there is no law against opening delivered mail not addressed to you - even if you do it deliberately.

Fire_Fox

lauracaton wrote: »

Hi everyone,

Just wondering if there is a way I can disassoicate myself with the previous owners bad debt or stop any mail continuing to be delivered? I bought the house as a repossession and since then we are recieving mail from creditors etc for him. We have been writing on the envelope 'no living at this address' and sending it back however the letters continue to come.
Can the address affect my credit rating?

Thanks

Get yourself registered to vote, try registering previous occupants with the mailing preference service and telephone preference service, phone or write to all creditors to advise them that the person is not at your address.

lvader

DVardysShadow wrote: »

You are mistaken. The law has been quoted here many times and dissected.

By all means, quote it again - and unless you really do have something new to show us, it can be dissected again to show you that provided you are not acting to the detriment of the person named as addressee and you are not opening mail in transmission, there is no law against opening delivered mail not addressed to you - even if you do it deliberately.

If you open someones mail and don't forward it even though you know the persons address you are skateing on very thin ice. The person would be in his/her rights to report you to the police and then it's up to the interprettion of the law.

Hopejack

Been there and it's so frustrating. These companies do not take any notice of return to sender in my experience. I've even had a few say they can't take a forwarding address from me because of 'Data Protection' eventhough I can provide proof of eviction etc. Debt collection agencies really are very dumb or ignorant or both! I would recommend opening the mail as you really don't know what you are dealing with if you don't.

I agree about bailiffs too - they will come if you just keep 'returning to sender'... But it really isn't easy to get rid of someone else's debt. A lot of companies just sell it on to another agency and another after that.

What needs to happen is the law needs to be changed, specifically DPA, to state that should someone abscond and not give their forwarding address to creditors, then they should have to take a forwarding address from an interested party ie. new owner/landlord etc as true and at least explore that avenue - some DCAs don't even bother! Really what is the point of continuing to chase someone when it's clear they are not at the previous address?

In addition, I think a central debt collection agency/register needs to be set up whereby debtor's details including address updates can be checked regularly where needed - completely simplified but I'm sure you catch the drift.

Fire_Fox

lvader wrote: »

If you open someones mail and don't forward it even though you know the persons address you are skateing on very thin ice. The person would be in his/her rights to report you to the police and then it's up to the interprettion of the law.

Interpretation of WHICH law? Back up your assertions with a reference please.

Fire_Fox

Hopejack wrote: »

Been there and it's so frustrating. These companies do not take any notice of return to sender in my experience. I've even had a few say they can't take a forwarding address from me because of 'Data Protection' eventhough I can provide proof of eviction etc. Debt collection agencies really are very dumb or ignorant or both! I would recommend opening the mail as you really don't know what you are dealing with if you don't.

What needs to happen is the law needs to be changed, specifically DPA, to state that should someone abscond and not give their forwarding address to creditors, then they should have to take a forwarding address from an interested party ie. new owner/landlord etc as true and at least explore that avenue - some DCAs don't even bother! Really what is the point of continuing to chase someone when it's clear they are not at the previous address?

In addition, I think a central debt collection agency/register needs to be set up whereby debtor's details including address updates can be checked regularly where needed - completely simplified but I'm sure you catch the drift.

Under data protection laws a creditor cannot admit to anyone other than the debtor that there is a debt. By taking an address from you they will have admitted that the previous occupant is in debt - they are being professional by not discussing it with you! That is why it is worth WRITING to the creditor with a new address if you have one, they can put it on file without ever acknowledging the debt to you.

Would you not go mental if your credit card company admitted to your stalker ex that you had an account with them and either changed the address or cancelled the card on his/ her say so? It really isn't any different as the lender has no way of knowing that you are telling the truth and the previous occupant of your home has indeed absconded. Changing the law might save you the price of a stamp but it will cost innocent people in untold amounts of grief from 'practical jokes'.

lvader

Fire_Fox wrote: »

Interpretation of WHICH law? Back up your assertions with a reference please.

This is the relevant law.

A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

peachyprice

lvader wrote: »

It's technically illegal to open someone elses mail. Wrong

lvader wrote: »

The only way it wouldn't be illegal is if you do it by mistake.Wrong

lvader wrote: »

If you open someones mail and don't forward it even though you know the persons address you are skateing on very thin ice. The person would be in his/her rights to report you to the police and then it's up to the interprettion of the law.Wrong

How many more times to we have to hear this incorrect drivel.

Please, unless you can quote a new law, that has been passed in the last 24 hours superceding all previous laws, as quoted by DVardy (amongst many, many others on many, many threads), accept you're wrong and move on.

lvader

I have quoted the law.