Previous tenant has bad debts - should I be concerned?

SingleSue

Just be careful because there has been cases on the DFW board where people have opened (by mistake or design) letters from debt collectors from previous owners/tenants and informed the companies, only to then get letters through with their details on!

Snooze

Doozergirl wrote: »

Doesn't impact on your credit rating.

It can do. If fraud is suspected then the person will get a CIFAS lodged against them which also affect the property to some degree. People will tell you otherwise, but you try getting credit at a property where the previous owner/tenant has had a CIFAS registered against them and you'll see what I mean, regardless of how impeccable your own credit file may be.

And before anyone jumps in the with usual "credit files only relate to people, not properties" record, I am already well aware of that theory, thanks.

Rob

melancholly

Captain_Mainwaring wrote: »

Put it in black and white, is it legal to open the mail in this case?

according to consumer direct, and a series of other people posting on this thread, yes!

mlz1413

melancholly wrote: »

we've been told that they will continue to contact this imaginary person at our address until they get a different address to chase up - which is just ridiculous. we've now even had hand delivered letters..... so i've been advised to send a letter to the company telling them that if we receive any more letters/harrassment on the doorstep, we will be obtaining further legal advice. don't know if it'll work, but worth a try.

Best thing to do is write to the company chasing and tell them this person is not at your address nor to your knowledge did they ever live at that address and that they should stop sending mail to you. Advise them as you have notified them previously they are breaking Section 4 L & R of the Credit Services Association, send it by recorded deliver.

If they contact you again write to the CSA and complain.

Debt agencies have the facility to check electrol roll entries and credit info companies like expeiran and equifax so if you have disputed an address they should act on that information. (it's just they never do!)

melancholly

mlz1413 wrote: »

Best thing to do is write to the company chasing and tell them this person is not at your address nor to your knowledge did they ever live at that address and that they should stop sending mail to you. Advise them as you have notified them previously they are breaking Section 4 L & R of the Credit Services Association, send it by recorded deliver.

If they contact you again write to the CSA and complain.

Debt agencies have the facility to check electrol roll entries and credit info companies like expeiran and equifax so if you have disputed an address they should act on that information. (it's just they never do!)

thanks - after speaking to a very rude woman on the phone, i'd quite like to report them, but didn't know who to report them to!! this person certainly isn't on the electoral roll at this property and as the letters started after i'd already been living here so long, it makes their fraud protection measures seem completely inadequate.

mlz1413

Captain_Mainwaring wrote: »

So, legal or not?
.

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

Put it in black and white, is it legal to open the mail in this case?

Hi Capt'n ,

I would say it is an 'reasonable excuse' to contact direct a company who can't be bothered to deal with returned mail.

Or how else do you:
a) stop the company contacting a previous occupant
b) stop the waste of paper / trees
c) ensure the people with debts aren't trying to re-register at your address?

And yes c) does happen, I had a load of mobile phone bills arrive at my house in the first year for names that had and hadn't lived there.

mlz1413

melancholly wrote: »

thanks - after speaking to a very rude woman on the phone, i'd quite like to report them, but didn't know who to report them to!! this person certainly isn't on the electoral roll at this property and as the letters started after i'd already been living here so long, it makes their fraud protection measures seem completely inadequate.

Ring them again and ask them for the address to write to for their complaints department AND for their governing body - it is an offence for them not to supply this information.

They will probably say it is the complaints dept at the address on the letter you have, insist on a name or the MD's name and on the governing bodies name and address (which should be the CSA)

Did you take the name of the rude woman? They should tell you as soon as answer or offer it during the first part of the conversion - if not again they breaking parts of The Code that they have to follow to continue trading!

If you really come up against it PM me and i'll give you the address - but again all debt collection agencies must give this info.

prudryden

It is not illegal to open mail. However, just to be on the safe side. Be sure to open only in the middle of the night when everyone is asleep. Also, wear latex gloves to prevent any forensic evidence. After opening, do not write any details down, commit to memory only. Do not agree to any poly test. Then, be sure to burn the latex gloves and the opened mail, and pretend that it never appeared. If questioned, just say huh! Be extra careful, if you think that the postal police are staking out your property. Check all phone lines for taps.

melancholly

mlz1413 wrote: »

Did you take the name of the rude woman? They should tell you as soon as answer or offer it during the first part of the conversion - if not again they breaking parts of The Code that they have to follow to continue trading!

oh yes, i definitely asked for her name! i'd already contacted them to ask them to remove our address, so her response of 'tough' wasn't great. i told her i would have to report them if i received any more post (even though i didn't know how to do that!), and she said something like 'you go ahead and do that'.... so i demanded her name and then practically hung up in a rage! sarcastic woman - you think they'd be pleased that i was giving them any infomration on a guy who owes them over £20,000 lol

i'll get on the phone to them this evening - thanks so much!

ThrobsBlackHat

You never need to illegally open any post.

Just be working your way through a postage pile and accidentally open an envelope not addressed to you as you had no reason to suspect someone else's mail would come to your house.

I had this last week from the guy I bought my house off - the debt collection agency are chasing a 4 year old utility debt and I emailed the company straight away, explained I had accidentally opened the mail along with my letters, and wanted to clarify the situation.