Debt Letters to Unknown Person

System

Mojisola wrote: »

Nonsense! ............

No it isn't,

https://www.legislation.gov.uk/ukpga/2000/26/part/V

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.

System

Willing2Learn wrote: »

It is only an offence if there is not a reasonable excuse to open the letters. Since the OP has stated that because the letters are clearly from DCAs, they are concerned about the impact to their credit files and the potential for bailiffs to attend their home, that 'may' constitute a reasonable excuse.

That's not an excuse. It has no impact on their credit files because it isn't linked to the address and they can check if there is an impact on their credit file without having to open the mail. Opening the mail and contacting the bailiffs won't prevent them coming to their home to verify the facts because do you honestly think the "they don't live here any more" line has never been used by someone trying to evade the bailiffs?

So no it isn't a reasonable excuse at all. Just because you and the other up voters are in the habit of opening mail not addressed to you merely because it lands in your letter box and want to convince yourselves you're not committing a criminal offence doesn't alter the fact you are.

Mojisola

Tarambor wrote: »

No it isn't,

https://www.legislation.gov.uk/ukpga/2000/26/part/V

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.

You're ignoring the bit about "reasonable cause".

In most cases there is no intention to cause detriment to the addressee so that's also quite legal.

greyteam1959

Make sure that you cross out the address that the letter was delivered to before writing 'return to sender' on the front.
Then put it back in the post box.

ariba10

I write “Not known at this address “ on the envelope then put it the post box.

Nasqueron

All of you replying to Tarambor seem to be ignoring what he/she actually wrote. You're all replying as if he/she was talking about opening the mail which I agree is a common myth.

Read the post:

Tarambor wrote: »

Criminal offence to withhold or delay mail not addressed to you under Postal Act 2000 punishable with level 1 fine or up to 6 months prison.

Stick not at this address on the front, shove back in post box.

Opening the mail sure you can do with reasonable excuse, but Tarambor commented specifically about delaying the mail not opening it.

Read the law again, ignore the bit about opening the mail which was never mentioned.

84 Interfering with the mail: general.

(1)A person commits an offence if, without reasonable excuse, he—

(a)intentionally delays or opens a postal packet in the course of its transmission by post, or

POPPYOSCAR

I am fed up returning post to sender and yet they still keep sending so now I open it.

Had one the other day saying a direct debit had been set up.

I rang the company and advised them that this person was not living at this address and they insisted I tell them my name and that they could not do anything without putting my name in their system.

I refused to do so as my name is non of their business.

Mojisola

tarambor wrote: »

so no it isn't a reasonable excuse at all. Just because you and the other up voters are in the habit of opening mail not addressed to you merely because it lands in your letter box and want to convince yourselves you're not committing a criminal offence doesn't alter the fact you are.

nasqueron wrote: »

all of you replying to tarambor seem to be ignoring what he/she actually wrote. you're all replying as if he/she was talking about opening the mail which i agree is a common myth.

....................

ciderboy2009

Nasqueron wrote: »

Opening the mail sure you can do with reasonable excuse, but Tarambor commented specifically about delaying the mail not opening it.

Read the law again, ignore the bit about opening the mail which was never mentioned.

You're missing out a bit of the law as well: "...in the course of its transmission by post..."


Once the mail has been delivered to the address on the envelope then the course of its transmission by post has ended.

sourcrates

From the Royal Mail website :


I've received someone else's mail


If you’ve received mail which has your address, but not your name, this is because we deliver to addresses rather than names. If this does happen, you can put a cross through the address and write 'Not known at this address' or 'No longer lives here' and put it back in a letterbox. Where possible, we’ll return the item to the sender hopefully allowing them to update their records.


Nothing could be clearer than that.