Debt letters for person not living at address - template letter request!

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Hi all,


I have searched but I can't find quite what I want.


Without going into too many details as I am asking on behalf of a friend, I need a template letter for them to send to debt collection companies that are coming after a person who does not live at their address.


The person involved is a bit older and so would appreciate stopping this quickly as opposed to popping the letters back into the post with a "not at this address". I also suspect that a phone call would just cause more fishing, based on the experiences people are having here?


Many thanks in advance


clf
LBM 11/06/2010: DFD 30/04/2013
Total repaid: £10,490.31
Student loan repaid: 01/07/2019
SAVINGS: £20,000
Car final lump sum: £6113/£6113
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  • skyshadow
    skyshadow Posts: 98 Forumite
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    I'm afraid all you can do is send the letters back as by the letter of the law you shouldn't open franked mail not addressed to you, returning the mail should trigger a gone away action at the collection agency.

    You can of course write to the agency but they will not respond with anything substantive as your friend is not the account holder nor any connection to the account holder.
  • Mojisola
    Mojisola Posts: 35,559 Forumite
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    skyshadow wrote: »
    I'm afraid all you can do is send the letters back as by the letter of the law you shouldn't open franked mail not addressed to you, returning the mail should trigger a gone away action at the collection agency.

    This is a myth.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    Placing it in the bin usually works best.
    I do Contracts, all day every day.
  • DandelionPatrol
    DandelionPatrol Posts: 1,313 Forumite
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    Are we talking about letters to
    • a random person?
    • a person with a similar name?
    • someone who did live there once before the person you are trying to help?
    • a friend or relative of the person you are trying to help?
    • a former partner or spouse?
    Depending on which of those scenarios, they may be different ways of going about this
  • skyshadow
    skyshadow Posts: 98 Forumite
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    Mojisola wrote: »
    This is a myth.

    My understanding of s.83/84 Postal Services Act 2000 that cover interception and tampering with mail is that opening mail not intended for you and delaying it reaching its intended person (when there is a return address option) is a pretty straightforward way to fall foul of the act?

    Granted it's highly unlikely the OP or their friend would be punished as there needs to be a clear intent to cause a detriment to another but why chance it especially after the reports of people being arrested for using electricity on trains in London recently.
  • Mojisola
    Mojisola Posts: 35,559 Forumite
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    skyshadow wrote: »
    My understanding of s.83/84 Postal Services Act 2000 that cover interception and tampering with mail is that opening mail not intended for you and delaying it reaching its intended person (when there is a return address option) is a pretty straightforward way to fall foul of the act?

    Granted it's highly unlikely the OP or their friend would be punished as there needs to be a clear intent to cause a detriment to another but why chance it especially after the reports of people being arrested for using electricity on trains in London recently.

    As you say - 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'.
  • sourcrates
    sourcrates Posts: 28,959 Ambassador
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    Dear DCA,


    With regard to the amount, and frequency of letters we are receiving for Mr/Mrs (debtor).


    Please be aware, the person named above, does not live at this address, and we have no knowledge of the whereabouts of this person.


    Please remove our address from your database immediately, and do not contact us again about this matter.


    signed


    carrielovesfanta
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • clint_S
    clint_S Posts: 366 Forumite
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    This is going to go against all the advise on here but when I moved into rented accommodation a few years ago I received lots of these for multiple previous occupiers. I found the best solution was to ring the number on the letter and speak to the person at the collection agency advising them that the person did live there. The letter stopped straight away and seemed to work with every agency that sent a letter, and that must have been at least 7 different companies. If it's not your debt they can't charge you for it.


    Again this goes against the majority of advise but worked for me.
  • [Deleted User]
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    clint_S wrote: »
    I found the best solution was to ring the number on the letter and speak to the person at the collection agency advising them that the person did live there.

    I tried that with one company, and the guy at the other end stated I was a liar, and that I was the debtor.

    I simply hung the phone up on him, and ignored all further letters from them.
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