Previous tenant has bad debts - should I be concerned?

Incisor

Captain_Mainwaring wrote: »

So, legal or not?
Post all, not just the bits you happen to like.

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
(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’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.

I think you may find that until it is in the hands of the recipient, that it hasn't been delivered.

...

I think you will find that once it has gone through a front door letter box it is no longer "in the course of its transmission by post"

clueless1

Wow, I had no idea that opening the post sent through your door could be illegal.
My previous tenant had loads of letters from debt collectors. I thought I was doing the right thing by opening them and informing the companies that the person no longer lived at the address. I also didnt like receiving all those horrible letters in my post, but mainly it was because I didnt want debt collectors knocking my door down when I am at home alone with my young baby.
The cheeky person was still using my address a year after moving out as I started to receive letters from the local midwife centre regarding current pregnancy appointments There was no return address printed on the letter so I had to open it and was shocked to discover she was using my address so I had to put a stop to this because she may still try to use my address for other reasons.

suwatts

I am always amazed by how companies providing credit fail to check peoples addresses. I bought a house over 2 years ago from a very nice lady who bought it from the previous owner 2 years before that. This man has not therefore lived at the property for over 4 years. As soon as I started getting post for him I contacted LLoyds TSB - the main contributor to advise that he had moved to France at least 4 years previously. They told me that they could only take information from the customer and not a third party. They have since given him a £5,000 loan and a new credit card (I'm curious as to how he avoided that being sent to the house). He now owes them over £20,000 and they are still writing to my house. I have also now had a letter for him welcoming him to Credit Agricole and offering him a 10,000 euro overdraft limit. Aaaaaargh . I can only assume that he is using his drivers license as proof of address as, working for a bank, I am aware that this is considered to be acceptable proof of address. This needs changing.
My biggest concern is can bailiffs access the property in my absence if they have a warrant?

MoneySavingSpender

suwatts wrote: »

I am always amazed by how companies providing credit fail to check peoples addresses. I bought a house over 2 years ago from a very nice lady who bought it from the previous owner 2 years before that. This man has not therefore lived at the property for over 4 years. As soon as I started getting post for him I contacted LLoyds TSB - the main contributor to advise that he had moved to France at least 4 years previously. They told me that they could only take information from the customer and not a third party. They have since given him a £5,000 loan and a new credit card (I'm curious as to how he avoided that being sent to the house). He now owes them over £20,000 and they are still writing to my house. I have also now had a letter for him welcoming him to Credit Agricole and offering him a 10,000 euro overdraft limit. Aaaaaargh . I can only assume that he is using his drivers license as proof of address as, working for a bank, I am aware that this is considered to be acceptable proof of address. This needs changing.
My biggest concern is can bailiffs access the property in my absence if they have a warrant?

As I understand it, if court appointed bailiffs (of which there are many belong to many a disruptable debt collection agencies) are after money at an address, see an open window etc, they can and will help themselves to what is there, disregarding whom the materials actually belong to, same applies to opening the door to them, the moment they have their foot in, they can "legally" barge themselves in, while you can call the police their presence there is legal I think.

Plenty of documentation of stuff like this going on from debt collectors.

bookduck

MoneySavingSpender wrote: »

As I understand it, if court appointed bailiffs (of which there are many belong to many a disruptable debt collection agencies) are after money at an address, see an open window etc, they can and will help themselves to what is there, disregarding whom the materials actually belong to, same applies to opening the door to them, the moment they have their foot in, they can "legally" barge themselves in, while you can call the police their presence there is legal I think.

Plenty of documentation of stuff like this going on from debt collectors.

Yes!
An once you have invited them in, (or they have gained access through an unlocked door) they can attempt entry at any time without your permission. The use exluses like wanting to use your toilet, there is a water leak and is your ceiling wet, or 'can we come in and talk about the previous tenant", or show up with a police officer (if there is no warrant, you do not have to let him of the officer in). Best is google wide and deep.

terryw

Incisor wrote: »

I think you will find that once it has gone through a front door letter box it is no longer "in the course of its transmission by post"

Absolutely correct Incisor. Anything that comes through your letter box (other than wrongly delivered mail) is yours to do with as you wish. Anyone who does not open such letters is laying themselves open to scams and fraud as well as unwelcome follow-ups.

the poster formerly known as
terryw

melancholly

after speaking to yet another company chasing someone random in my house (who may have lived there 10 years ago, but no-one else on the street has been there long enough to know - it's only hthe postman who recognises the name!),i found out they got our address from experian. they then suggested we do a disassociation form to stop our address being associated with this guy:
http://experian.metafaq.com/templates/experian/main/answerPage?_mftvst:answerRef=%24http%3a%2f%2fapi.transversal.com%2fmfapi%2fobjectref%2fEntryStore%2fEntry%2fhttp%3a%2f%2fwww.metafaq.com%2fmfapi%2fMetafaq%2fClients%2fexperian%2fModules%2fCredit_report%2fTopics%2fabout_credit_scoring%3a137315%3a4&_mftvst:moduleID=%24Credit_report&_mftvst:topicID=%24&id=RUDMHJAMNL9AMIF0K3OSOOJMAG

i don't know if it works (too early to tell), but it has to be worth a try (we're worried about bailiffs too). it's also pretty appalling that the other companies we've spoken to haven't bohered to tell us that this is an option!

lonestar1

Cant you write back to the companies involved and inform them that the intended recipient is no longer at that address however if after 3 months they would like to use yourself as a mail storage service for the intended recipient you would be happy to do so at a fee of 50p per letter per day billable per month. Receipt of any mail intended for that recipient from them by yourself after 3 months indicates an acceptance of this agreement (you probably need to send it recorded delivery) On month 4 send them an invoice if they dont pay after a few months set the debt collectors on them LOL

MoneySavingSpender

lonestar1 wrote: »

Cant you write back to the companies involved and inform them that the intended recipient is no longer at that address however if after 3 months they would like to use yourself as a mail storage service for the intended recipient you would be happy to do so at a fee of 50p per letter per day billable per month. Receipt of any mail intended for that recipient from them by yourself after 3 months indicates an acceptance of this agreement (you probably need to send it recorded delivery) On month 4 send them an invoice if they dont pay after a few months set the debt collectors on them LOL

I'm seriously tempted to try that should that ever happen to an ex-housem8/tenant of mine