Council debt from previous owners

malcolmffc

Hi all,

This isn't really a loan-related question but I couldn't find an obvious board to post it and I know the expertise will be here.

Basically we have received letters from "Collect Debt Services" relating to a debt of £420.34 owed to our local council for a "road traffic debt". The debt is in the name of the person we bought the house from 6 months ago, who has since moved to New Zealand.

The letter states "We have attended your premises today to collect the above outstanding Penalty Charge Notice. Unless the debt is paid in full it will be a requirement of the bailiff to enter your premises to complete legal documentation before the matter can be discussed further."

Do we need to do anything about this? I know debts in other people's name are not our problem, but does the fact the council are involved change things?

Thanks.

Browntoa

No change, debt is not yours or the property

Dragonista

Have you opened it?!?!?!? Bear in mind that opening other peoples mail without their permission is illegal (not sure about how enforceable that is). Put "not at this address" on the envelope and pop it in the post box (it'll return it to sender).

gb12345

Dragonista wrote: »

Have you opened it?!?!?!? Bear in mind that opening other peoples mail without their permission is illegal (not sure about how enforceable that is).

No it is not - it is only illegal if you open it with the intent to gain from doing so (can't remember what the exact phrase used in the legislation is but it's along those lines).

ViolaLass

Dragonista wrote: »

Have you opened it?!?!?!? Bear in mind that opening other peoples mail without their permission is illegal (not sure about how enforceable that is). Put "not at this address" on the envelope and pop it in the post box (it'll return it to sender).

Only if you did it with the intention of acting to that person's detriment which does not appear to be the case here.

OP, I had similar letters but not from the council when I bought my current place. I opened them and rang the companies involved to tell them that that person was no longer here and that I did not know where they were (it wasn't the vendors name). They accepted this and the letters stopped.

malcolmffc

Thanks - I will contact the council, but it looks like they have already sold the debt to the DCA. Though presumably the Council is supposed to call the DCA off if I explain things to them?

gb12345

malcolmffc wrote: »

Though presumably the Council is supposed to call the DCA off if I explain things to them?

You might have to prove that you are not the debtor and that he no longer lives at the property - it is a common trick to pretend that they have moved to avoid ballifs.

Dragonista

ViolaLass and gb12345. You are right but the law isn't entirely clear. It could be argued (though I'm no lawyer) that by not returning the mail to sender the council did not know the occupant was no longer at the address unless OP has called them. The previous owner will now have a debt against his name and if this goes on a CCJ that he knew nothing about. Yes, it should all be rectified when they do catch up with him but it could be argued that that is to his detriment. Though certainly not intentional. Personally, I always return mail to sender.

For your reference: http://www.findlaw.co.uk/law/criminal/other_crime_and_justice_topics/500355.html

[Deleted User]

Dragonista wrote: »

Have you opened it?!?!?!? Bear in mind that opening other peoples mail without their permission is illegal (not sure about how enforceable that is). Put "not at this address" on the envelope and pop it in the post box (it'll return it to sender).

Postal Services Act 2000

(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.

(4) Subsections (2) and (3) of section 83 (so far as they relate to the
opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.

(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.

Page 50 http://www.legislation.gov.uk/ukpga/2000/26/pdfs/ukpga_20000026_en.pdf

malcolmffc

I've already sent back several letters regarding this marke "Not at this address" so I think I have a "reasonable excuse."

27col

Why should you have to prove that you were not the creditor. Surely it is up to the other party to prove that you were the creditor. In any case the house cannot have a debt attached to it. Surely, only a person can have a debt.