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Advice required: previous owners debt?
Spyderbryte
Posts: 3 Newbie
in Loans
Hi everyone. I’m hoping for a bit of advice.
My partner and I brought our house 2 years ago, and the previous owners moved about 5-6 houses up the road. They said they’d sorts their addresses on bank accounts etc but we were receiving a hell of a lot of post for them. Initially we took it up to them once a week. We went away for a week and missed our usual day so had two weeks worth to take up. The chap answered the door and said it was all junk and just to bin it.
Instead we started returning to the companies writing in the envelope not known etc.
Then we got several car tax reminders from the DVLA for different people who had lived there before - 4 in particular (mum, dad, daughter and son). We took the first ones up and my husband quite adamantly said that if they didn’t fix the address he would report them for fraud (we were sick of getting their post about a year after we moved in).
Fast forward to just before last Christmas. We received a letter from a catalogue that I occasional get things from. Without thinking, I opened it then saw that it was not my name, but the wife of the chap who lived here before us - she had attempted to take out a catalogue card for this address, not their new address. My husband called the company and someone else (I cannot remember for the life of me who it was but they deal with a lot of finance things and can report frauds?). For a while we stopped getting any post for them.
Today, we’ve had another letter come through. The only part that was visible through the window on the envelop was the address - not a name - and it was for the bank, a bank we have a credit card with. So opened it.
It’s a formal demand for payment on a loan for the previous owners. The amount is £16000, and the date of the loan taken out was three months after we moved in. So they took the loan out using our address, but during the time where we were taking post up to them. The letter says they’ve not made any repayments and if the loan isn’t repaid within 28 days, it will be sent to debt collection.
We’ve tried to call but of course the bank is shut now TIL Monday. Both of us are really concerned because we have never taken this loan out but the previous owners did. I know what they’ve done is wrong, because of the address change. We no longer speak to them because of the store card incident, but don’t want our names to be affected of the have debt collectors coming round and taking our stuff. I mean, it could completely
Be worst case in my head but I’m seriously panicking now!
My partner and I brought our house 2 years ago, and the previous owners moved about 5-6 houses up the road. They said they’d sorts their addresses on bank accounts etc but we were receiving a hell of a lot of post for them. Initially we took it up to them once a week. We went away for a week and missed our usual day so had two weeks worth to take up. The chap answered the door and said it was all junk and just to bin it.
Instead we started returning to the companies writing in the envelope not known etc.
Then we got several car tax reminders from the DVLA for different people who had lived there before - 4 in particular (mum, dad, daughter and son). We took the first ones up and my husband quite adamantly said that if they didn’t fix the address he would report them for fraud (we were sick of getting their post about a year after we moved in).
Fast forward to just before last Christmas. We received a letter from a catalogue that I occasional get things from. Without thinking, I opened it then saw that it was not my name, but the wife of the chap who lived here before us - she had attempted to take out a catalogue card for this address, not their new address. My husband called the company and someone else (I cannot remember for the life of me who it was but they deal with a lot of finance things and can report frauds?). For a while we stopped getting any post for them.
Today, we’ve had another letter come through. The only part that was visible through the window on the envelop was the address - not a name - and it was for the bank, a bank we have a credit card with. So opened it.
It’s a formal demand for payment on a loan for the previous owners. The amount is £16000, and the date of the loan taken out was three months after we moved in. So they took the loan out using our address, but during the time where we were taking post up to them. The letter says they’ve not made any repayments and if the loan isn’t repaid within 28 days, it will be sent to debt collection.
We’ve tried to call but of course the bank is shut now TIL Monday. Both of us are really concerned because we have never taken this loan out but the previous owners did. I know what they’ve done is wrong, because of the address change. We no longer speak to them because of the store card incident, but don’t want our names to be affected of the have debt collectors coming round and taking our stuff. I mean, it could completely
Be worst case in my head but I’m seriously panicking now!
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Comments
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Hi, surely the debt will still be in their names though? Does it say their name on the letter you got today? This clearly needs dealing with as it is fraud-they don't live there anymore, but you can surely prove it isn't your debt by showing your ID? Can you check the electoral roll to prove you are at the address not them?
If these letters have got there names on, I would just keep putting them back in the post saying they don't live here anymore. You have done nothing wrong, so don't panic things can be sorted when it clearly isn't your debt.
When something like this happens, your mind goes into overdrive etc but take a deep breath, step back this is not your debt. I'm afraid I'm not sure about these things, but I'm sure someone with more suitable advice will come along soon and help.0 -
Hi Spyderbryte and welcome to the forum
I suggest you keep an eye on the three main CRA credit files (you can view them for free). You want to make sure that nothing wrong is recorded in your files.I work within the voluntary sector, supporting vulnerable people to rebuild their lives.
I love my job
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it sounds like everything you opened was in the previous owners name? albeit by mistake, if it is not your name, then i wouldn't be too concerned about things, as you can prove the property is yours - debt companies will also check land registry when doing collections, if needed
advice - make sure you check names on the post before opening it - and return everything that is not yours. it is illegal to open someone else's post - be it by mistake or not, so be very careful on the action you take going forward.
seems harsh, but if the previous occupiers find out about opened mail, you my get into some hot water!
i still get mail from other occupants before us at my address - just RTS on it as "gone away" and into the post box it goes. never had any activity on my personal credit file to suggest anything else.
just make sure you doing everything correctly0 -
No it isn!!!8217;t.
Postal Services Act 2000 Section 84 disagrees:
Interfering with the mail: general.
(1)A person commits an offence if, without reasonable excuse, he!!!8212;
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person!!!8217;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.0 -
...it is illegal to open someone else's post...No it isn't.
Point #3 is particularly interesting as it says you can interfere with someone else's mail with a reasonable excuse. The term 'reasonable excuse' is particularly ambiguous, and I doubt there is any legal definition for the term.Postal Services Act 2000 Section 84 disagrees:
Interfering with the mail: general.
...(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....
As far as the OP is concerned, their fear of potentially having debt collectors turn up at their door, or having incorrect data recorded on their credit file, may well constitute a reasonable excuse.I work within the voluntary sector, supporting vulnerable people to rebuild their lives.
I love my job0 -
Postal Services Act 2000 Section 84 disagrees:
Interfering with the mail: general.
(1)A person commits an offence if, without reasonable excuse, he!!!8212;
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person!!!8217;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.
None of which apply to delivered mail.
And the address is to only legal requirement for delivered mail.
Now of course if it was used to commit fraud on the intended recipient there would be issues. however there is not.
The mail was delivered and it's OP's to do with as they will. All mail that comes to my house is mine. It is opened and dealt with accordingly. (Bin usually).0 -
Willing2Learn wrote: »Point #3 is particularly interesting as it says you can interfere with someone else's mail with a reasonable excuse. The term 'reasonable excuse' is particularly ambiguous, and I doubt there is any legal definition for the term.
And I would also say it has not been incorrectly delivered either as the intended recipient send it there.0 -
None of which apply to delivered mail.
And the address is to only legal requirement for delivered mail.
Now of course if it was used to commit fraud on the intended recipient there would be issues. however there is not.
The mail was delivered and it's OP's to do with as they will. All mail that comes to my house is mine. It is opened and dealt with accordingly. (Bin usually).
but in this case, the OP knows who the addressee is, and knowing the £16k debt in their name could be classed as a detriment to the recipient.0
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