Tax credits claimed by others from property I own

solentsusie

vikingaero wrote: »

Sorry Susie but this is publore. Once an item is delivered to an address anyone can open it. Only if you act on it to obtain a pecuniary advantage - ie take a cheque book and use the cheques is it an offence.

The Postal Services Act refers to items in transit in the Postal system - for example you are a Royal Mail employee and you steal cash from letters, or you break into unemptied postboxes to steal letters.

Not according to the Postal Services Act 2000 - as below:

Postal Services Act 2000
Under the Postal Services Act 2000:
“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its 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, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”


This, in essence, means that if you deliberately intercept, throw away or open somebody else’s post you are likely to be breaking the law.

Gaz83

solentsusie wrote: »

Not according to the Postal Services Act 2000 - as below:

Postal Services Act 2000
Under the Postal Services Act 2000:
“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its 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, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”


This, in essence, means that if you deliberately intercept, throw away or open somebody else’s post you are likely to be breaking the law.

The Citizen's Advice website has a similar description - that you need 'reasonable excuse' to open someone else's mail - but also includes this nugget:

"Opening someone else’s mail is allowed in certain circumstances under the Postal Services Act 2000. It is only an offence if you open someone else’s mail ‘without reasonable excuse’ or if you ‘intend to act to another’s detriment'. For example, if you are receiving bank statements/cards in someone else’s name then you should act on that immediately. You should tell the sender, either by returning it marked “not known at this address” or by opening the mail and calling any number provided within. The “reasonable excuse” for opening such items would then be that you were helping to prevent fraud against the companies involved."

Here, the OP would be helping to prevent what he believes to be fraud against HMRC. Ergo, a reasonable excuse.

solentsusie

Gaz83 wrote: »

The Citizen's Advice website has a similar description - that you need 'reasonable excuse' to open someone else's mail - but also includes this nugget:

"Opening someone else’s mail is allowed in certain circumstances under the Postal Services Act 2000. It is only an offence if you open someone else’s mail ‘without reasonable excuse’ or if you ‘intend to act to another’s detriment'. For example, if you are receiving bank statements/cards in someone else’s name then you should act on that immediately. You should tell the sender, either by returning it marked “not known at this address” or by opening the mail and calling any number provided within. The “reasonable excuse” for opening such items would then be that you were helping to prevent fraud against the companies involved."

Here, the OP would be helping to prevent what he believes to be fraud against HMRC. Ergo, a reasonable excuse.

But all the OP has to do is return the post marked "not known at this address". He doesn't even have to actually open it and read it.

Reporting someone for fraud is a pretty serious accusation. As a previous poster has already mentioned HMRC are well known for making errors, it could be a genuine mistake.

If however, he actually knows that fraud is being committed he has not made this clear in his initial post. He is just making accusations with no explanations.

Gaz83

solentsusie wrote: »

But all the OP has to do is return the post marked "not known at this address". He doesn't even have to actually open it and read it.

Reporting someone for fraud is a pretty serious accusation. As a previous poster has already mentioned HMRC are well known for making errors, it could be a genuine mistake.

If however, he actually knows that fraud is being committed he has not made this clear in his initial post. He is just making accusations with no explanations.

Oh I quite agree that it's entirely possible it's a mistake, and not fraud. I was simply saying that there are circumstances where it is legally permittable to open someone else's mail.

solentsusie

Gaz83 wrote: »

Oh I quite agree that it's entirely possible it's a mistake, and not fraud. I was simply saying that there are circumstances where it is legally permittable to open someone else's mail.

I agree and fully acknowledge that there are.

But in this case from the information provided I cannot see how this is so, unless he has some information that he is not sharing in his post. Therefore I would say he is making accusations he cannot substantiate and opening post addressed to someone else at a property he owns but is not living in with no real grounds for doing so.

Just send it back to the addressee.

Poppie68

There should be a return address on the envelope, cross out the recipient's name and your address and write not known at this address....when received by the Tax Credit office they will most probably suspended the claim to investigate but that can't be helped. It may well be a fraudulent claim by an unentitled person who maybe doesn't reside in the UK....or maybe just an error.

solentsusie

Poppie68 wrote: »

There should be a return address on the envelope, cross out the recipient's name and your address and write not known at this address....when received by the Tax Credit office they will most probably suspended the claim to investigate but that can't be helped. It may well be a fraudulent claim by an unentitled person who maybe doesn't reside in the UK....or maybe just an error.

Any post from HMRC or Tax Credits or your local council etc. all have the return address on the back. In fact a lot of this post, particularly if it is a benefit claim, will also state that it must not be redirected by the postal service to help eliminate fraudulent claims.

Therefore there is no reason at all to open the post if the addressee does not reside at the address stated on the front. If there is a reason to suspect fraud I am sure it will be picked up by the Tax Credit office.

Poppie68

solentsusie wrote: »

Any post from HMRC or Tax Credits or your local council etc. all have the return address on the back. In fact a lot of this post, particularly if it is a benefit claim, will also state that it must not be redirected by the postal service to help eliminate fraudulent claims.

Therefore there is no reason at all to open the post if the addressee does not reside at the address stated on the front. If there is a reason to suspect fraud I am sure it will be picked up by the Tax Credit office.

Why you having a go at me?...I didn't mention anything at all about opening or not opening the post...but while we are on the subject it isn't illegal to open the letters unless the person opening the letter is planning on using it for adverse reasons.

JKSandy

solentsusie wrote: »

“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.”


This, in essence, means that if you deliberately intercept, throw away or open somebody else’s post you are likely to be breaking the law.

Then in essence a tax letter for someone else coming through your letter box with your address would be deemed reasonable excuse to open.

OP - I would return to sender saying something like not known at this address.

Chiper6789

The Person living at the property has been there for 12years and lives alone