Ex partner using my address

cymruchris

Keep it simple - as others have said - write 'gone away' on the envelope and 'return to sender' and put a cross through your address - and then put it back in the postbox. There is a small chance you might still get someone knocking on the door at some point in the future to verify that he's no longer living there, so the quicker you get on top of getting the mail sent back - the less chance there is of this happening, as the debt collectors will start using other means to track him down. 

epm-84

Deleted_User said:

It's only an offence if you intend it to the detriment of the other party. 

It's a long standing urban myth that it's always a criminal offence, which pops up here on a regular basis..

The OP would not be doing it to find out what her ex is up to but to see if she needs to take action before any visits to her home, for example.

You better tell the government to remove the 'urban myth' from their website then: http://www.legislation.gov.uk/ukpga/2000/26/part/V/crossheading/offences-of-interfering-with-the-mail/data.pdf

Unless her ex-husband is deceased or has a disability or illness preventing him taking care of his own affairs then the solution to not having any unwelcome visitors is to return it to the sender unopened.  If she opens the letter and then returns it the sender will start asking questions about why she only decided to tell them he had gone away after finding out it was a demand for payment as for all they know she might be helping her ex-husband to dodge them.

[Deleted User]

No need - they've already covered it in 84 3).

epm-84

Loops74 said:

surely it’s an offence to take out a contract in someone’s address , even if lived their previously otherwise we could all get contracts at previous addresses we have lived at ! 

Credit reference agencies carry out checks when credit agreements (like mobile phone contracts) are taken out so at the time he took out the contract it is possible he was either on the electoral register for the address you're living at or they found he was the owner/part owner of the property you're living in.  If the former is true then make sure the electoral register for your address is up-to-date, if it's the latter then there's not a lot you can do unless you can buy his share of their property from him or you move to a property he doesn't part own.

If the agreement has been in place since before he moved out then he didn't take it out at someone else's address, even though he should have given them his new address.

epm-84

Deleted_User said:

No need - they've already covered it in 84 3).

Which states it's an offence without reasonable excuse - being nosey about someone else's financial affairs isn't a reasonable excuse unless you're in court with a very good lawyer who knows all the loopholes which can be used.

jimbo26

epm-84 said:

Deleted_User said:

No need - they've already covered it in 84 3).

Which states it's an offence without reasonable excuse - being nosey about someone else's financial affairs isn't a reasonable excuse unless you're in court with a very good lawyer who knows all the loopholes which can be used.

You need to read it all, not just the bit that you think proves your point. To commit the offence you must open the letter intending to act to the persons detriment.

Carrot007

epm-84 said:

Deleted_User said:

It's not illegal to open the letters, but it's easier to simply return unopened at this stage.

The Postal Services Act 2000 states it's offence to open mail not addressed to you.  There are some exceptions but wanting to know what your ex-husband is up to isn't one of them!  

It is addressed to OP. A name is not legally part of an address.

It is addressed and delivered correctly. Anyone at the property is allowed to open it. They are not allowed to use the contents for "evil doing" however.

phillw

epm-84 said:

Do not under any circumstances open a debt letter not addressed to you as apart from it being illegal to do so,

Postal Services Act 2000:

127. Section 84(1) provides for it to be an offence if persons intentionally delay or open postal packets without reasonable excuse. It amalgamates the content of offences previously included in the Post Office Act 1953.

128. Subsection (3) makes it an offence for a person, intending to act to a person's detriment and without reasonable excuse, to open a postal packet which he knows or suspects has been incorrectly delivered to him.

I personally think someone fraudulently obtaining credit using your address is a reasonable excuse & would be prepared to stand up in court and say that. I can't imagine that a court would disagree & say that someone in the act of committing a crime has any right to privacy.

My sister worked in a post office and their return to sender pile had about six months worth of post in it, when I moved into my property & opened a letter the sender was glad that I phoned to let them know that they weren't there.

elsien

epm-84 said:

D3xt3r5L4b said:

epm-84 said:

Deleted_User said:

It's not illegal to open the letters, but it's easier to simply return unopened at this stage.

The Postal Services Act 2000 states it's offence to open mail not addressed to you or to delay it from getting to it's intended recipient.  There are some exceptions but wanting to know what your ex-husband is up to isn't one of them!

Only if you intend to do any “wrong doings” with the contents. 

Just reading the mail not addressed to you counts as a 'wrong doing', especially if it's financial information like a debt notice and if it's someone you're in a relationship with then the new laws preventing controlling and coercive behaviour might be relevant if you're reading your partner's mail without their permission.

Opening a letter addressed to Mr A Smith when you're Mrs A Smith and then realising it's not for you would likely be seen as an accident, not an offence.

Meanwhile back in the real world, no-one is going to prosecute you for accidentally opening a letter addressed to someone else. As long as you then don't go on to use the information to defraud them, or whatever.
This bears no relation to coercive control where one partner is checking someones post to take over their lives. This is someone the OP is no longer in a relationship with using an address they no longer live at to (presumably) avoid having to  pay their debts, No comparison. 
Personally I'd be accidentally opening all of them to check what was going on. Then sending  back to where they came from saying no longer at this address. If the ex wishes to secure his privacy then he should be giving the companies his new address. 
The debt is tied to the person not the address. If debt collectors turn up, then turn them away - be aware that debt collectors and bailiffs are not the same thing although debt collectors will tell all sorts of porkies to try to get you to pay up. 
If you're worried, you can do a check on your credit files to make sure there is no association. 

jimbo26

Do not fret over this, it will not affect your credit history. My daughter had similar problems with a previous tenant when she moved into rented accommodation. As others have suggested, just write scrub off the address on the envelope and write 'No longer at this address' on it, and stick it in a post box.

Do check your credit file with all 3 CRAs to make sure:

a) You are no longer financially associated with him
b) He hasn't taken out credit in your name