Debts by previous owners

mortgage-confused

Hi I’m hoping someone can help me with this one. My partner and myself bought a house 7 months ago which we have been renovating. Over the months mail has been coming for the previous owners which we have been dropping off to the previous owners new house. Obviously this is now becoming a real nuisance so we have stopped doing it and instead are sending it back to the senders. However mail seems to still keep coming. I’ve now (and I know I shouldn’t do this but I’m getting really fed up) opened a few of the letters. 3 or 4 of them are coming from debt collection agencies or banks/credit card companies threatening legal action because they haven’t been making any payments.

Can someone please offer me any advice on where I now stand legally as I am expecting a knock on the door anytime from their debt collectors? Also how is this going to effect black listing on the house and me may wanting loans in the future?

Don't know if this makes any difference but i live in south wales.

Cheers guys :beer:

Kaminari_2

It should have no affect on the house or yourselves. Credited can only be attached to an individual and people they share a financial connection to ie shared bank accounts. The bad credit will follow them to where they have gone. Do not worry about it, return all mail unopened to the sender and if someone turns up on your doorstep they will have to prove that the person they are collecting from lives there.

irnbru_2

mortgage-confused wrote:

Over the months mail has been coming for the previous owners which we have been dropping off to the previous owners new house.

I can understand maybe doing it for the first week or two after which I'd assume redirection wasn't working or set up and thus send it back to the sender.

mortgage-confused wrote:

Can someone please offer me any advice on where I now stand legally as I am expecting a knock on the door anytime from their debt collectors?

Don't open anymore letters. If you want less hassle, send them back at your own expense with a letter stating the previous occupant's new address.

mortgage-confused wrote:

Also how is this going to effect black listing on the house and me may wanting loans in the future?

It won't.

IIRC you can have a note added to your credit record(s) and ensure you're disassociated from the previous occupants.

jago25_98

One thing that could help the debt people would be photo ID ready so that if they did knock the door you have something to prove who you are. That might help things.

Kaminari is right but I think you are right too to be cautious.
I personally believe that an address is a cornerstone of ID and so you are right to be worried.

http://www.stoozing.com/credscore.htm

In particular be careful of utility companies trying to tranfer previous debt to your name.

newfoundglory

The Data Protection Act 1998 will protect you here. As they no longer live at your current address, the details these companies hold is wrong. At this point these companies have technically broken the law.

Banks and debt collection agencies are required by DPA 1998 to hold accurate, relevant and non-excessive data about their customers, and they should not hassle you for the money especially when the data they hold is not complying with the act (you should take swift and hard action against any company which starts calling you, or knocking on your door by enforcing the data protection act against them).

The Information Comissioner has the power to force them to update the data or to prevent them processing the data completely (sending letters, phone calls and home vists), particularly when the processing of the data is likely to cause damage or distress. If they are hassling you, you should inform them you intend contacting the Information Comissioner in order to ask for a formal assessment to be carried out (this will be enough to get even the most annoying and determined bank or collection company off your back - any company which ignores this threat is stupid).

If you have to go this far you will also likely get compensation (which is covered by the act) when they breach the Data Protection Act if this has caused you distress or direct financial loss (for example - but highly rare - if it effects your ability to obtain financial products such as current and savings accounts, mortgages etc). You may have to take them to small claims court to get this, however most companies will choose pay you compensation directly when they breach the DPA.

Visit the ICO website or contact them for details at: https://www.ico.gov.uk

courtjester

And don't open any other mail not addressed to you - it's illegal !

Make sure you stick it back in the post box marked "not known at this address, return to sender" - if you are getting a lot of mail, get some small stickers printed so that this is an easy process.

It will eventually dry up, particularly the mail from utilities and /or financial organisations. You may have to put up with junk though - anything that is clearly junk can be thrown away, but I would return to sender anything that looks official.

After 6 months, we only ever forwarded personal items (like Christmas cards or hand-written envelopes) to the original occupier as a matter of goodwill, but I would expect any previous owner to put their monetary affairs in order after moving out and not act as a free postal service for them.

Return to sender (it doesn't matter if a return address is not on the envelope as the Royal Mail have a department to open and identify returned mail) is the best approach to deal with this.

my_gorgeous_ellie-belle

Im afraid it doesnt dry up in all cases - i have been still recieving at least two letters a day for the previous tennant WHO MOVED OUT 2 YEARS AGO! Every week i put all the mail back in the post box as 'addressee uknown at this address, return to sender' and it hasen't stopped. We have had numerous court letters, bailifs coming around and even trying to break in or threaten to take the vehicle outside our house. The worst thing is i get Council Tax letters and letters asking for the overpayment of HB from the previous tennant (apparently he was claiming HB cheques for a whole year i was living here - he used to pick up his mail but stopped because i complained that he would need to redirect it). The damn council have my details for this address but still send him letters (???).

lypsey

I would not follow most of the other posters advice , DO NOT HIDE

I had this problem at my current and previous house. It WILL NOT stop by returning mail because for all the debt company knows you could be the addressee returning the mail.

It may cost you time in the short term but open the letters and phone the debt agency giving the forwarding address. It is the only way to stop it.

I had a debt collection agency turn up when the mrs was 5 days away from giving birth and they slapped an enforcement order on the house and the car on the drive , It is up to you to prove who you are. Returning the post caused that problem

prudryden

lypsey wrote:

I would not follow most of the other posters advice , DO NOT HIDE

I had this problem at my current and previous house. It WILL NOT stop by returning mail because for all the debt company knows you could be the addressee returning the mail.

It may cost you time in the short term but open the letters and phone the debt agency giving the forwarding address. It is the only way to stop it.

I had a debt collection agency turn up when the mrs was 5 days away from giving birth and they slapped an enforcement order on the house and the car on the drive , It is up to you to prove who you are. Returning the post caused that problem

Best advice so far. Excellent points!

Opening post is only illegal if your intention is to do something illegal or harmful to others with it.

silvercar

We have had similar problems. we bought our house in the Summer and the previous owners redirected their mail.

I first knew they had problems when baliffs started arriving at the door. I must say they were all very polite and once I showed them a utility bill in my name they disappeared.

6 months have gone by and the previous owners have now both gone bankrupt (where has about £300k equity gone????). The mail is now no longer being redirected. So now I am getting letters for the previous owners from the county court, letters from debt collection agencies etc. It seems that not only have the previous owners gone bankrupt they have also failed to notify all their debts to the official receiver (why would anyone not include their debts?)

I have opened a couple of letters, emailed the debt collection agencies and told them that all mail had been being redirected but this has recently stopped suggested they check with land registry to verify that the people have moved and the insolvency website for their new address!

thesaint

lypsey wrote:

I would not follow most of the other posters advice , DO NOT HIDE

I had this problem at my current and previous house. It WILL NOT stop by returning mail because for all the debt company knows you could be the addressee returning the mail.

It may cost you time in the short term but open the letters and phone the debt agency giving the forwarding address. It is the only way to stop it.

I had a debt collection agency turn up when the mrs was 5 days away from giving birth and they slapped an enforcement order on the house and the car on the drive , It is up to you to prove who you are. Returning the post caused that problem

Probably the worst advice i've heard to date, OP if you decide this first check that you have access to a good solicitor, and doesn't charge extra to come and see you in chokey.

Slapped an enforcement on your house? Are you serious? did you beleive it had any validity?