Previous home owner's debts

terryw

lifechooser wrote: »

It seems the answer is to continue as we are, and put NEXT declining us for credit down to the recent house move.

I agree.......

denwhatshisname

terryw wrote: »

Oh dear, this old chestnut about opening mail.

May be an "old chestnut" but its the law.

terryw wrote: »

"Reasonable excuse" is the key.

Whats a "reasonable excuse" - thats hard to quantify, the key is "intending to act to a person’s detriment"

denwhatshisname wrote: »

Although the term "intending to act to a person’s detriment" would be hard to prove in the case of just opening mail.

terryw wrote: »

The Act is primarily about dishonest posties.

It is also possible for individuals to be prosecuted, whether primarily or not.

VitaK

Have you checked your credit file recently.

FireWyrm

happycamel wrote: »

Sorry Terry, it's the law:

Interfering with mail - Postal Services Act 2000 Section 84

Triable Summarily (Magistrates court)
6 Months and or a fine (Max)

A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.

A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, opens a postal packet which they know or suspect to have been delivered incorrectly.



In this case there is no reasonable excuse for opening the post, it should just be returned to sender. A reasonable excuse would be opening the post of someone who is deceased or sectioned or for whom you have power of attorney.

This comes up again and again. It is not illegal to OPEN the mail and read it. It IS illegal to use that information in the commission of a crime. Telling the debt collector that the person doesnt live there is well within your rights. If it comes through your door, its your property, end of story.

terryw

denwhatshisname wrote: »

May be an "old chestnut" but its the law.



Whats a "reasonable excuse" - thats hard to quantify, the key is "intending to act to a person’s detriment"





It is also possible for individuals to be prosecuted, whether primarily or not.

This topic is on at least three other threads today. Must be something in the water.

The topic has been debated ad nauseum in previous threads.

bw

Asbestross

Hi Lifechooser,

Firstly, I wont get involved with the ins and outs of opening another persons mail its a vague topic and open to much speculation. But in answer to your questions:

1) Is there anyway to broadcast that the previous owners no longer live at our address? We have registered on the electoral roll, and I ensured that I didn't tick the privacy box.

From this date forward, I would simply write on all letters 'Return to Sender - Addressee not at this address'. You're not obliged to provide a forwarding address, but this should kick start the tracing processes with all the creditors. Which should in turn stop the letters from coming.

2) Is there anyway to disassociate ourselves from the previous owners credit? I know I can add notes to our credit ratings, but I would prefer our ratings to stay high

I need to stress, that regardless of you and the previous owner sharing an address, unless you enter into a financial agreement, or contract where both your name and theirs is listed, there will never be any financial association. The 'blacklisted' address lingo is nothing more than a myth; the previous owners having bad debt, will in no way impede your credit worthiness. So there is no need, or way to create this disassociation, as no association exists

3) If I can track the previous owners address down in Oz, can I supply it to the creditors? How about if they return to the UK? Is there any law against this?

You could if you so chose, but to be honest the best course of action would be allowing the creditors to perform their trace enquiries. Just return all mail, unopened, and they will very rapidly realise that the previous owners have left.

I know it may be stressful, but remember that you can never be penalised for a previous owners mistake. There will never be any financial association, regardless of what debt they may have accumulated. You may get letters, and calls if they occur, but once the creditors have been advised that they're looking at the wrong address, these should stop quite rapidly

All the best

lifechooser

VitaK - No, I guess I should.

Abestross - Thanks, that seems like sound advice.

Wywth

If it's not mail for you, mark as 'no longer at this address - moved away' and pop back in the mail box.

Simples :cool:

Charliefiggis

It is illegal to open post. When I moved, I had a fine from the DVLA for a letter that was never forwarded to me. I rang the police and they went round to see the people who bought our house.

They were told that what they were doing was wrong and were cautioned over it

terryw

Charliefiggis wrote: »

It is illegal to open post. When I moved, I had a fine from the DVLA for a letter that was never forwarded to me. I rang the police and they went round to see the people who bought our house.

They were told that what they were doing was wrong and were cautioned over it

Did you get a fine for not informing DVLA of your new address?