Bad debt of previous home owner

Hopejack

Fire Fox - if you can prove who you are legitimately i.e. owner and that they have left then I don't see the issue. Why should people (and I could think of worse names to call them) who abscond knowing full well they won't be paying their creditors and that the person left behind will end up with the harrassment and stress to deal with, be protected. IMO it's all wrong, what is society coming to - it allows people to get away with this type of thing all too often - part of the reason we are in the situation we are in this country. Too easy to take on credit/debt and piles of it and not pay it back!!

ETA - if the DCA continues to ignore your 'information' then all it will end up with is them threatening court, in which case under Section 35 of the DPA, I can provide a forwarding address and surely then they have to at least investigate it. Can't see the point of going down the court route though when it's proved they are not there.

OP - defo get them off the electoral roll if they are on. I was initially told I couldn't do this but after some perserverance I did manage it.

Fire_Fox

Hopejack wrote: »

Fire Fox - if you can prove who you are legitimately i.e. owner and that they have left then I don't see the issue. Why should people (and I could think of worse names to call them) who abscond knowing full well they won't be paying their creditors and that the person left behind will end up with the harrassment and stress to deal with, be protected. IMO it's all wrong, what is society coming to - it allows people to get away with this type of thing all too often - part of the reason we are in the situation we are in this country. Too easy to take on credit/debt and piles of it and not pay it back!!

Exactly how do you propose to prove your identity AND that you are the legal owner of the property over the telephone?? :huh: The problem is not the legislation nor the creditor refusing to take the debtors forwarding address it is the method of communication YOU are opting to utilise.

Hopejack

I can't recall saying on here that I telephone? If I do I've always already sent details in writing by recorded delivery or am about to and tell them so to back up what I am saying. Invariably it's the former - still doesn't make any difference - they are just not interested. If they wanted they could check on the Land Registry to see I am the legal owner, they could check with the LA I have used to check I am telling the truth and the documentation I have sent is legitimate, the could check the electoral roll etc. They choose not to though - ultimately these DCAs are ignorant bullies who are like a dog with a bone, won't let go - it's almost futile trying to deal with them but choosing to ignore means often unpleasant people end up turning up at your door which isn't nice either.

Firefox - have you actually ever dealt with DCAs over someone else debt may I ask?

Like I said earlier, people like this don't deserve to get off - the DPA is precisely letting them do that.

DVardysShadow

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.

And if you post on here you are skating on thin ice, because ignorance of the law is no defence. I would be within my rights to report you to the police for posting here and then it is down to the interpretation of the law as to whether you get banged up.

All of the above is true and also answerable by a big fat so what.

And anyone opening post would have to be proved to be intending to act to the detriment of the addressee. If you open post intending to keep someone else's bailiffs at bay, you have a good defence.

Fire_Fox

Hopejack wrote: »

I can't recall saying on here that I telephone? If I do I've always already sent details in writing by recorded delivery or am about to and tell them so to back up what I am saying. Invariably it's the former - still doesn't make any difference - they are just not interested. If they wanted they could check on the Land Registry to see I am the legal owner, they could check with the LA I have used to check I am telling the truth and the documentation I have sent is legitimate, the could check the electoral roll etc. They choose not to though - ultimately these DCAs are ignorant bullies who are like a dog with a bone, won't let go - it's almost futile trying to deal with them but choosing to ignore means often unpleasant people end up turning up at your door which isn't nice either.

Firefox - have you actually ever dealt with DCAs over someone else debt may I ask?

If you haven't been communicating verbally I apologise, the segment in bold (below) made me think you had. If the DCAs continue to contact you after you explain in writing that the debtor is no longer at your address that is harassment - the Debt-free Wannabe board will tell you exactly how to deal with that.

I have had several dealings with other peoples creditors: ex-BF had bailiffs show up more than once; another ex-BF got a parking tickets, I wrote to dispute it and then I got a court date; recently had to address default letters from loan company of ex-tenant of my flat.

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.

http://forums.moneysavingexpert.com/showthread.html?t=741653

Hopejack

Thank you for the reply Firefox - as you are experienced in this you no doubt know how awful it is

I would say to the OP to keep chipping away at it - eventually some DCAs do give up!

peachyprice

lvader wrote: »

If you open it and they don't get it, it is to their detriment.

They're not going to get it, opened or not, because they don't live at that address

jw2003

I just RTS envelopes and when DCA's phone I tell them when the previous owner moved out and could they amend their records accordingly, it's been a year and we are getting there and the letters and calls are becoming much more infrequent however it is a pain in the backside. I have changed our phone number and they still get through

olly300

lvader wrote: »

Millions of people break the law on a regular basis and don't get procecuted, but that in itself can't be used in your defense. Detriment is just another word for loss, not getting mail intended for them is a loss, being chased for money it his new address because you opened his mail and passed on his details to a 3rd party is to his detriment.

:rotfl::rotfl:

You are so wrong.

Not everyone who forgets to pass on a forward address is in debt. Sometimes they just forget. Most of the time they can't be bothered.

There are also use to be plenty of cases where people change their address with banks and banks would take months to put the new address on the system. Giving the details back to the bank who sent it is actually helpful.

Hopejack

Olly - I can't understand why anyone would not change their address if they were moving - it's to their advantage! Unless of course, as I've discovered, they don't actually want to be found because they don't want to pay up on their debts and are happy to leave someone else picking up the harrassment/stress for it all. If someone doesn't change their address with those that count i.e. banks/utilities etc, simply because they 'can't be bothered' then there is seriously something wrong with them.