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last occupant problem debt

have received mail for last occupant relating to a debt they owe have had a few letters about this debt and have always phoned the no. on the letters to let them know that the person no longer lives here been told many times that the records would be marked with this info and yesterday received an instruction to summons no contact no. am now worried I will get a visit from a bailiff for a debt that is not mine what can I do if anything to avoid such a visit

any suggestions welcome thanks :beer:

Comments

  • **Amy**
    **Amy** Posts: 2,680 Forumite
    Hi

    I would send a letter to the debt collectors stating what you have said above.

    I would also send a letter to the court (if it is a court summons) and let them know exactly the same thing.

    Its better to have it in writing. Is there any way you can forward the letters to the previous occupier?

    x
    Debt: just my mortgage :D
  • RAS
    RAS Posts: 35,950 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    First off, if the bailiffs do turn up, then just show then your ID and rental agreement and they will go away. if not, call the police.

    What I would recommend is that you write to the address on the letters you have been sewnt previously outlining the above.

    Advise them that they have been informed x times about this already. That under OFT Guidelines they are pursuing repeatedly contacting the wrong person and this now constitutes haressment.

    Under the Data Protection Act, they are in breech becuase they have reapeatedly failed to update their records and continued to apps information to you about someone elses debt.

    Advise them that unless you receive confirmation in writing within 14 days that they have removed all reference to you, your address (and telephone number) from their database and confirm that you will not receive any further correspondenece, nor will they sell the inforation to any other DCA, you will be in touch with Trading Standards, The OFt and the Information Commisioner.
    If you've have not made a mistake, you've made nothing
  • Cleosmum
    Cleosmum Posts: 2,673 Forumite
    Part of the Furniture Combo Breaker
    You really need to stop opening the post and just keep returning to sender, not known at this address.
  • beranabus
    beranabus Posts: 85 Forumite
    thanks everyone :T
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You maybe dont realise that is actually a criminal offence to open any
    post that bears someone elses name.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • beranabus
    beranabus Posts: 85 Forumite
    I used the wrong quote only just noticed I was tryin to quote what anniehanlon had said


    I do know about this but have received a lot of mail for these people over the course of 19 months and considered that some of the post may relate to debts owed by them and so opened them with a veiw to contacting the companys involved because I was concerned about debt collection agents and the hassle of dealing with them I thought I was being proactive in alerting the companys about the situation I have shredded all the letters after contact with the companys involved and have no interest in what is contained within the letters my intension is only to stop the mail and any action being considered by the companys involved
    thanks
  • Incisor
    Incisor Posts: 2,271 Forumite
    1,000 Posts Combo Breaker
    You maybe dont realise that is actually a criminal offence to open any
    post that bears someone elses name.
    That old chestnut. Time and time again. The only laws people quote refer to post in transmission. Once it is through the letterbox, as long as the address is correct, it has been delivered, so the laws relating to post in transmission don't apply.
    After the uprising of the 17th June The Secretary of the Writers Union
    Had leaflets distributed in the Stalinallee Stating that the people
    Had forfeited the confidence of the government And could win it back only
    By redoubled efforts. Would it not be easier In that case for the government
    To dissolve the people
    And elect another?
  • I have had a similar problem with the previous tenants of our flat. We were lucky that the landlord warned us (they owed him thousands in rent!) about them so we had a fair idea that any post for them would be chasing debts. We just return any post for the previous tenants to it's sender.

    We have had a couple of cards through the door in the past couple of years from debt collection agencies, but usually a phone call to them is enough. On one occasion we were asked to fax them a copy of our tenancy agreement to prove we were the new tenants. We haven't heard from that agency again.

    The letters are now much fewer.
  • beranabus
    beranabus Posts: 85 Forumite
    Incisor wrote: »
    That old chestnut. Time and time again. The only laws people quote refer to post in transmission. Once it is through the letterbox, as long as the address is correct, it has been delivered, so the laws relating to post in transmission don't apply.

    thanks for that its something to remember :beer:
  • TotallyBroke
    TotallyBroke Posts: 1,540 Forumite
    Part of the Furniture Combo Breaker
    I had a similar problem. What I did was blutack my council tax bill to the front door. So when the baliffs did arrive I showed them the bill. I didn't have to go and find it and therefore they couldn't get their foot in the door. As once they do it's very hard to stop them from doing it again.
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