Nuisance debt-collector letters addressed to previous residents

coffeehound

Over the past two years, letters from debt collectors are regularly delivered to this address.  I've sent back about half a dozen marked 'not known at this address, please RTS' but to no avail.  Since they are marked 'private and confidential' I suppose I shouldn't even know who they are from, but since there are so many I opened one to see what it was.  Anything else to be done in this situation?

davidmcn

Nope, they'll stop eventually. I would just consistently return them in the meantime. Nothing for you to worry about.

Supersonos

coffeehound said:

Over the past two years, letters from debt collectors are regularly delivered to this address.  I've sent back about half a dozen marked 'not known at this address, please RTS' but to no avail.  Since they are marked 'private and confidential' I suppose I shouldn't even know who they are from, but since there are so many I opened one to see what it was.  Anything else to be done in this situation?

Write to them and say then no longer live there.  Send proof (copy of a bill or something) with your name and address.

Manxman_in_exile

AIUI, you are OK to open mail delivered to your address to a person whom is unknown to you so long as you have reasonable cause to do so and you have no dishonest or fraudulent intent in doing so.

In these days of attempted identity theft etc I make a point of opening everything that comes through our letterbox with our address on it - I am particularly interested in opening mail for people I've never heard of.  I would say you have a perfectly lawful excuse to open those letters.

If I was receiving letters at my address relating to debts owed by someone unknown to me, I'd be explaining what has happened to the senders of those letters, I'd explain that I have no connection to their debtor, and tell them to stop harrassing me.

Otherwise next thing you know debt collectors will be turning up.  And no - they won't be able to do anything - but do you want all the hassle of dealing with them and the neighbours gossiping?  At least you can complain formally to them once you've put them on notice that you are not their debtor.

Pollycat

Have a read about what Stepchange say about receiving debt letters for previous tenants/owners:

https://www.stepchange.org/debt-info/your-rights/debts-not-in-my-name.aspx

davidmcn

Manxman_in_exile said:

AIUI, you are OK to open mail delivered to your address to a person whom is unknown to you so long as you have reasonable cause to do so and you have no dishonest or fraudulent intent in doing so.

You're ok to open mail addressed to your address, full stop. You don't even need to justify "reasonable cause" etc. That caveat only applies if mail addressed to a different address is delivered to you e.g. for a neighbour.

Otherwise next thing you know debt collectors will be turning up

I wouldn't have thought that's particularly likely. It costs pennies for them to churn out letters, much more to send somebody round in person - they're only likely to do that if they're a bit more convinced that they've got the right address or the debt is high enough to justify it.

Manxman_in_exile

davidmcn said:

Manxman_in_exile said:

AIUI, you are OK to open mail delivered to your address to a person whom is unknown to you so long as you have reasonable cause to do so and you have no dishonest or fraudulent intent in doing so.

You're ok to open mail addressed to your address, full stop. You don't even need to justify "reasonable cause" etc. That caveat only applies if mail addressed to a different address is delivered to you e.g. for a neighbour.

Good point. I'd never looked at the legislation (or the definition of delivery) that way before.  I suppose it would have to be fairly exceptional circumstances though, to have a reasonable excuse to open your neighbour's mail if it came through your letter box by mistake.

davidmcn said:

I wouldn't have thought that's particularly likely. It costs pennies for them to churn out letters, much more to send somebody round in person - they're only likely to do that if they're a bit more convinced that they've got the right address or the debt is high enough to justify it.

I think it highly unlikely but I'd rather try to circumvent it from possibly happening.

unholyangel

davidmcn said:

Manxman_in_exile said:

AIUI, you are OK to open mail delivered to your address to a person whom is unknown to you so long as you have reasonable cause to do so and you have no dishonest or fraudulent intent in doing so.

You're ok to open mail addressed to your address, full stop. You don't even need to justify "reasonable cause" etc. That caveat only applies if mail addressed to a different address is delivered to you e.g. for a neighbour.

Otherwise next thing you know debt collectors will be turning up

I wouldn't have thought that's particularly likely. It costs pennies for them to churn out letters, much more to send somebody round in person - they're only likely to do that if they're a bit more convinced that they've got the right address or the debt is high enough to justify it.

Well, not quite. 

(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.

DiddyDavies

unholyangel said:

davidmcn said:

Manxman_in_exile said:

AIUI, you are OK to open mail delivered to your address to a person whom is unknown to you so long as you have reasonable cause to do so and you have no dishonest or fraudulent intent in doing so.

You're ok to open mail addressed to your address, full stop. You don't even need to justify "reasonable cause" etc. That caveat only applies if mail addressed to a different address is delivered to you e.g. for a neighbour.

Otherwise next thing you know debt collectors will be turning up

I wouldn't have thought that's particularly likely. It costs pennies for them to churn out letters, much more to send somebody round in person - they're only likely to do that if they're a bit more convinced that they've got the right address or the debt is high enough to justify it.

Well, not quite. 

(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.

The point that davidmcn was making is that the section of the legislation that you quote above wouldn't apply because if a letter is delivered to your property and it has the correct address stated on it (even if the named addressee doesn't live there) then that letter hasn't been incorrectly delivered as Royal Mail are only required to deliver to the stated address.
Once that has occurred, the mail has been delivered as required and you have no need to justify your actions in opening it.

Manxman_in_exile

DiddyDavies said:

unholyangel said:

davidmcn said:

Manxman_in_exile said:

AIUI, you are OK to open mail delivered to your address to a person whom is unknown to you so long as you have reasonable cause to do so and you have no dishonest or fraudulent intent in doing so.

You're ok to open mail addressed to your address, full stop. You don't even need to justify "reasonable cause" etc. That caveat only applies if mail addressed to a different address is delivered to you e.g. for a neighbour.

Otherwise next thing you know debt collectors will be turning up

I wouldn't have thought that's particularly likely. It costs pennies for them to churn out letters, much more to send somebody round in person - they're only likely to do that if they're a bit more convinced that they've got the right address or the debt is high enough to justify it.

Well, not quite. 

(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.

The point that davidmcn was making is that the section of the legislation that you quote above wouldn't apply because if a letter is delivered to your property and it has the correct address stated on it (even if the named addressee doesn't live there) then that letter hasn't been incorrectly delivered as Royal Mail are only required to deliver to the stated address.
Once that has occurred, the mail has been delivered as required and you have no need to justify your actions in opening it.

Yes - that's what I now understand too.

I had thought the "reasonable excuse" bit applied to mail correctly delivered to your address, but to someone unknown to you.  After reading davidmcn's comment I looked at the legislation again and realised that the "reasonable excuse" isn't necessary if the mail has been correctly delivered - which apparently means delivered to the correct premises, irrespective of the individual it is addressed to.  I had not appreciated that point before.

Hasbeen

coffeehound said:

Over the past two years, letters from debt collectors are regularly delivered to this address.  I've sent back about half a dozen marked 'not known at this address, please RTS' but to no avail.  Since they are marked 'private and confidential' I suppose I shouldn't even know who they are from, but since there are so many I opened one to see what it was.  Anything else to be done in this situation?

 OP: Have read most of the posts and advice?  Same thing happened to a close relative.

He did the return route. Did not work. Getting in touch did not work.

He got fed up writing. Not known at this address. Return to sender etc. And having to post them back.

So my contribution is just bin the lot. LOL

They will eventually stop.