someone else's debt collectors

[Deleted User]

Hi all,

Not sure where to post this.

We've lived in this house for nearly two years now, and we are still getting mail for previous occupiers.

We always cross out the address and write "return to sender not known at this address". And have in the last few months also put a note stating that they've not lived at this address for at least 2 years and could they please up date their records. Many of the letters have stopped coming, but some continue.

We rescently (couple of weeks ago) recieved a letter addressed to "current occupier" from a debt collectors (I think this is what it was but it could have been baillifs - I'm not sure, is there a difference?) asking them for our details so that they could up-date their records, and they asked for copies of recent bills, proof of addresses, ID etc

I put this in the bin, as I feel they've no right to ask for this information given that we have no connection with them, and as far as I am concerned they have no right to my personal details.

Also stated in the letter was that if we didn't provide this information then they would call around and ask for proof in person. I'm guessing they are bluffing, but my partner is concerned that they will call.

Do we have to prove we are not the person they are looking for? If they call at the door, what information do they have a right to, if any? And should I have sent the info they asked for by post?

Surely they could just check the electoral register if they wanted to know the names of current occupants?

mr.ton

Even if you were the debtor in question, its not for you to prove anything 1 way or the other - do not send any forms of ID - they have no right to see this information.
The fools can assume what they want.
Report them to the OFT,trading standards & the police (not 999) if they refuse to stop harassing you.

[Deleted User]

That's what I thought - but just wanted confirmation to put my partners mind at rest!

mr.ton

Domino9 wrote: »

If they call at the door, what information do they have a right to

Unless they have been sent by an actual court, then none at all - if from a DCA then a simple "go away" or close the door in their face is suitable enough...

LandyAndy

If it was me and they came to my house I would happily show them proofs of ID and residence if that was what was required to convince them they were chasing at the wrong address. I would be more concerned to get the result I wanted than stand on some point of law or principle as to whether they had the absolute right to see the information.

saltnvinegar

Hi Domino

If they are debt collectors then you have nothing to worry about.

Debt collectors have as much right to your personal information as a flea ridden cat.

There is also a massive difference between 'doorstep collectors' employed by debt collection agencies and 'bailliffs' though they don't like it if you know this.

Doorstep collectors have no right of entry to your home, have no right to repossess good etc.

If one does turn up simply tell them no-one of that name lives at this address and close the door. If they persist then call the police.

I would write to this company, advise them that no-one lives at that address by that name and that continued letters will be deemed as harrassment for which you will take them to court.

You may be intersted in this:

http://www.e-sue.co.uk/docs/lowell_judgment.pdf

SnV

[Deleted User]

LandyAndy wrote: »

If it was me and they came to my house I would happily show them proofs of ID and residence if that was what was required to convince them they were chasing at the wrong address. I would be more concerned to get the result I wanted than stand on some point of law or principle as to whether they had the absolute right to see the information.

In some ways I agree with you, however in a previous property I occupied, when I got a landline phone installed I was being harassed by a debt collection company over the phone for someone elses debts.

In this instance I provided over the phone the names of occupants, our address and other information that they asked for, they apologised for calling and then didn't call for a few weeks. Then they called again and again at all times of the day and night. This went on for weeks at a time.

Phone company and Trading Standards both said that there was nothing that they could do, and that I should change my number. As I was waiting to hear back from a whole host of job applications at the time it was not a good idea for me. Thankfully I got one of the jobs I applied for moved away and got a new number.

I am being cautious as I don't believe wheb the company gets my information it will necessarly make them stop, (they will just have my info. too).

mr.ton

LandyAndy wrote: »

If it was me and they came to my house I would happily show them proofs of ID and residence if that was what was required to convince them they were chasing at the wrong address. I would be more concerned to get the result I wanted than stand on some point of law or principle as to whether they had the absolute right to see the information.

DCA's by their very nature are not bothered weather they have the correct person or not - they just want a payment = end of.
They prey on vunerability.
Once they see that the person they are harassing potentially doesnt know their rights then it sets off alarms in DCA offices up and down the country - so in effect, you simply then open up a DCA can of worms.
Anyway - by law they have to make an appointment & even then there is more chance of Lord Lucan showing up than anyone from a DCA.

[Deleted User]

saltnvinegar wrote: »

Hi Domino

If they are debt collectors then you have nothing to worry about.

Debt collectors have as much right to your personal information as a flea ridden cat.

There is also a massive difference between 'doorstep collectors' employed by debt collection agencies and 'bailliffs' though they don't like it if you know this.

Doorstep collectors have no right of entry to your home, have no right to repossess good etc.

If one does turn up simply tell them no-one of that name lives at this address and close the door. If they persist then call the police.

I would write to this company, advise them that no-one lives at that address by that name and that continued letters will be deemed as harrassment for which you will take them to court.

You may be intersted in this:

http://www.e-sue.co.uk/docs/lowell_judgment.pdf

SnV

Interesting link.

I'm just trying to pre-empt (sp?) a visit, as I don't want a re-run of my story in the previous post. Only wanted clarification that I didn't have to give them any personal details.

You say debt collectors have no power of entry, but surely Bailiffs don't either if they have no proof that the debtor lives there?

I think I'll direct them to the letting agent or the police if they do call around. (a debt collector was on our doorstep, I must say a very friendly man, the day we moved in, but left when I told him that the person they were looking for didn't live here, and that I've just moved in - I don't remember either the name of the company or the person he was looking for)

FTW

If it's not your debt, it's not your business - therefore, it's not up to you to co-operate with these companies in any way. Ignore.

saltnvinegar

Domino9 wrote: »

Interesting link.
You say debt collectors have no power of entry, but surely Bailiffs don't either if they have no proof that the debtor lives there?

My understanding is this but hopefully someone who is more knowledgeable will be able to tell you more.

Where court appointed Bailliffs are concerned its not quite that simple as it also depends on the type of debt they are looking to enforce.

If it is a 'proper' bailliff then if, for example, you leave a window open, they can gain entry to your property this way and it is lawful.

However if a doorstep collector (who does not have the same powers of entry) were to try this they would be trespassing and you would have the right to use 'reasonable' force to remove them from your property.

However as has already been rightly said, its not your debt so don't worry about it because you're not going to pay a debt thats not yours are you?!