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Opening ex tenants mail.

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  • Col7777
    Col7777 Posts: 194 Forumite
    Just reading through all the posts, not sure what is right or wrong but my daughter rents a house and she gets lots of letters for the previous tenant, a couple were opened already (not stuck down properly), some were referring to debt etc.
    She put return to sender etc on the letters, if this was to end them sending would a lot of people just do it to avoid paying debts, what I mean is: Get a bill then write 'No longer at this address' would they stop writing, I don't think so?
    She gets worried some bailiff will come and just take her stuff thinking she is the previous tenant, the landlord knows she is the new tenant but the bailiffs may not wait to find out properly before they act.
  • RAS
    RAS Posts: 35,542 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Col7777 wrote: »
    She gets worried some bailiff will come and just take her stuff thinking she is the previous tenant, the landlord knows she is the new tenant but the bailiffs may not wait to find out properly before they act.

    Since bailiffs canot take goods owned by anyone other than the named person and they have no right of entry to the property, she is scaring herself needlessly.

    Just tell them the person has moved on.
    If you've have not made a mistake, you've made nothing
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Definitely illegal as it's technically theft!
    I doubt that this argument has been made to stick in the circumstances being discussed.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • melancholly
    melancholly Posts: 7,457 Forumite
    1,000 Posts Combo Breaker
    in the past, i've had to open mail if it didn't have a senders address on the outside to work out how to return it. it was a chasing letter for money so i contacted the company and then they gave up. i had previously returned lots and lots to sender.

    Col7777 - i'd tell your daughter not to worry too much. we got worried when hand delivered letters were arriving from debt collectors, but they never came to the house to take property. we just told them we had no contact details (but that we'd be delighted to provide them if we had them!) and they did go away. took a few months to get through everyone as the guy was being chased by a lot of people, but it was just a bit of an annoyance rather than anything else. we also made sure that we put in a notice of disassociation with the guy for our credit record!
    :happyhear
  • mlz1413
    mlz1413 Posts: 3,023 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    gosh isn't this an emotive subject!!

    in 1st instance return mail to sender (ie for next month)
    2nd step open and telephone the company and say they are no longer there and no forwarding address so please do not send any further mail, shred letters.


    I have opened mail for previous occupants, spoken to many credit agencies and NEVER been told I've broken the law by contacting them.

    I've complained to the CSA (credit service agency) about credit agencies hounding my address when I've told them MR/MRS X no longer lives there and the CSA have warned off the agency. AGAIN NEVER have I been told off / warned of my illegal actions or threaten with court.

    If you have no intention of defrauding the owner of the mail and are simply trying to stop the forests been killed by overloads of pointless letters you are not doing anything wrong.

    Docmaggiemay you may also want to check your credit file as many years ago a tenant in my old house became linked to me and I only found out 5 years later - apparently this cannot happen but I have first hand knowledge of it happening.
    Go to someone like credit expert and check the 'alias' section.
  • melancholly
    melancholly Posts: 7,457 Forumite
    1,000 Posts Combo Breaker
    edited 9 November 2010 at 9:06PM
    mlz1413 wrote: »
    Docmaggiemay you may also want to check your credit file as many years ago a tenant in my old house became linked to me and I only found out 5 years later - apparently this cannot happen but I have first hand knowledge of it happening.
    Go to someone like credit expert and check the 'alias' section.
    we had a link based on the 'shared' address. it's easy enough to remove it but we didn't find out until someone had a credit card application rejected!!
    :happyhear
  • Milliewilly
    Milliewilly Posts: 1,081 Forumite
    Col7777 wrote: »
    Just reading through all the posts, not sure what is right or wrong but my daughter rents a house and she gets lots of letters for the previous tenant, a couple were opened already (not stuck down properly), some were referring to debt etc.
    She put return to sender etc on the letters, if this was to end them sending would a lot of people just do it to avoid paying debts, what I mean is: Get a bill then write 'No longer at this address' would they stop writing, I don't think so?
    She gets worried some bailiff will come and just take her stuff thinking she is the previous tenant, the landlord knows she is the new tenant but the bailiffs may not wait to find out properly before they act.


    Yes I've got this problem now after buying a repossesed house.

    The previous owners did a bunk to Spain according to the neighbours but are still using my address now for various things - car insurance being one. After returning countless letters as 'not at this address' they keep coming obviously as its the easiest thing in the world for someone who owes money to pretend they don't live there.

    So yes I am now opening the mail and contacting some companies directly to tell them to stop sending. I have also asked the postman not to deliver anything that hasn't got our names on but there are still some letters getting through. Its only an offence to open mail if you have malicious intent.
  • theartfullodger
    theartfullodger Posts: 15,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 November 2010 at 6:52PM
    Definitely illegal as it's technically theft!

    Look, can we get the offence right please?? The relevant Act if the "Postal Services Act" 2000, and the section is 84(3)
    see..
    http://www.legislation.gov.uk/ukpga/2000/26/section/84
    (3)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.

    ...........

    (5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
    "Reasonable excuse" would seem to be to find who keeps writing so that one might communicate with same to advise them that the debtor no longer resides at that abode, thereby saving time, money & the planet by wasting less paper...

    Still seems to be a cracking way to track down a debtor but, clearly, possibly illegal (without reasonable excuse..) and thus cannot be recommended.. Oh no..

    Clear on that guys?? Just like nobody ever exceeds 70mph in UK or uses a mobile 'phone whilst driving...

    Cheers!

    Artful

    PS "Let who who casts the first stone...." (John *:1-etc...).. Me, now I know I'm a sinner...
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Definitely illegal as it's technically theft!

    I suggest instead of making stupid comments you google for the Postal Services Act 2000 and read section 84.

    As long as a letter/parcel isn't in transmission i.e. hasn't been delivered even if it's incorrectly delivered, and you have no intention of acting to the detriment of someone you can open any mail that you receive through your door even if it's not addressed to you and doesn't have your address on it.

    The law was changed to make it easier to prosecute the rare postal workers who hoarded mail, and others who stole credit cards etc from the post.

    This means that if I receive a letter addressed to you through my door I can open it. However if it's a new cheque book I'm not allowed to write myself out any cheques nor am I allowed to use the information to link myself to you such as to avoid paying for a TV license.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker

    Still seems to be a cracking way to track down a debtor but, clearly, possibly illegal (without reasonable excuse..) and thus cannot be recommended.. Oh no..
    To be fair opening up someone's mail and finding who their employer is so you are able to pass the information on to other "concerned" parties who keep sending mail to that is address is a reasonable excuse.

    After all it's not your fault they forgot to tell the other "concerned" parties where they are. ;):D
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
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