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Debt Collection letter for someone not at my address


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Old 26-11-2010, 13:05
Fred Splunge
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Hi guys. I know I've asked about this before, but the letters are getting a bit more formal now, so could do with a bit more advice.

Just as background, we've lived in our house for 16 months, and for about the last 6 months at a guess, we've been getting periodic letters addressed correctly, but to a name we don't recognise, chasing a debt. After the most recent letter, approx 2 months ago? I phoned the company and explained that the person doesn't live here, and that I've never heard of him. They said we'd not hear from them again.

Today, we've had another letter to this person, from a different company - the debt has obviously been passed on now. They are giving the person one week to pay, else, and I quote:

"We must inform you that should full payment or a satisfactory proposal for repayment of the above debt not be received within the next 7 days, we will issue and serve a Statutory Demand under section 268(1)(a) of The Insolvency Act 1986."

I intend to send a letter back to them, recorded delivery, to tell them that this person does not live here and is unknown to us. Not sure what else I can do, but it's beginning to unnerve me now. They can't serve a notice to someone who doesn't live here, but I don't feel this is something I can ignore.

Does this sound like a reasonable course of action, and assuming others have had similar things happen to them at some point, what was the outcome - did they eventually take the hint?

Thanks guys.
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Old 26-11-2010, 13:15
stud u like
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It is best not to open up letters addressed to someone else.

Anyone can fake that they are not the person.

It just makes you look guilty even though it has nothing to do with you.
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Old 26-11-2010, 13:16
jasvinyl
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Just send any letters back unopened and marked "not at this address".

No need to fret; they will indeed take the hint evenually, and even if they esculate things to sending someone round and you happen to be in, just take it as it comes and tell them there is no-one of that name at the address. Keep proof of your identity to hand, if you want.
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Old 26-11-2010, 13:16
sahalouise
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Ring them and advise that if you recieve any more post addressed to the person you don't know at your address, then they will be hearing from your solicitors.
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Old 26-11-2010, 13:33
Fred Splunge
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It is best not to open up letters addressed to someone else.

Anyone can fake that they are not the person.

It just makes you look guilty even though it has nothing to do with you.
Under normal circumstances I wouldn't, but when you get letters addressed to an unknown person, with 'DEBT COLLECTION' quite clearly visible through the envelope, in very large, very red writing, you kind of want to know what's going on.
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Old 26-11-2010, 13:34
Fred Splunge
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Sorry, forgot to add - if the person to whom the letters are addressed, presents himself, then I will happily apologise for opening his mail.
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Old 26-11-2010, 13:51
_radioamerica
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Just ignore them, throw them away or whatever. They can't do anything to you. The worst they will do is come round and you can show them your proof of identity. Just throw them and stop worrying about it.
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Old 26-11-2010, 14:00
Red Arrow
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As others have said, just write "Not known at this address" and send them back. I had this problem in a previous property where we would be weekly getting different debt collection letters. After a couple of months of sending them back they eventually took the hint.

We did have at one stage some debt collectors show up at our front door looking for the person on the letters. We simply showed them the paperwork showing we lived there now, they were polite and apologised and left. Didn't hear anything since then.

Whatever you do, stop opening up letters that are not addressed to you. Doesn't matter what it says on the front it's not for you and I'm sure you must be breaking some law by opening them. Simply send them back and forget about it. If someone shows up just do what I did.
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Old 26-11-2010, 14:08
QTC13
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It is up to the debt collectors/bailiffs etc to prove that the person DOES live there, not for you to prove they DON'T.

This was confirmed to me by the police as we had trouble.

Stop worrying. Easier said than done I know.
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Old 26-11-2010, 14:14
Radiomaniac
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Under normal circumstances I wouldn't, but when you get letters addressed to an unknown person, with 'DEBT COLLECTION' quite clearly visible through the envelope, in very large, very red writing, you kind of want to know what's going on.
I agree with you. This has happened many times to me, and I couldn't care less about it being against the law to open other people's post, I wanted it sorted out!

It's very easy to say send the letters back and hope they believe you and that no bailiffs turn up at the door, but I didn't want it to go that far. I don't want any debt collector/bailiff turning up at my door for someone else.

Each time I called the company explaining that the person didn't live here. Once they asked for proof, which I provided (photocopy of tenancy agreement), even though I wasn't required by law to do, just to put my own mind at rest.

You sound as if you had a rogue living at your address before you, as I did. I've lived here for 7 years now and still regularly get parking fine debts and other such letters for this person.

Unfortunately as far as I can see, for your own peace of mind, all you can do is keep calling and telling them he doesn't live at your address.


(I once looked up the legality of opening post meant for someone else and it appears to be an offence only if intent to harm or defraud is the reason. I'm not sure if this is correct, maybe someone can do a more accurate search.)
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Old 26-11-2010, 14:22
What name??
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Just ignore them and they will go away. You shoudn't have feed the trolls in the first place now they suspect you are lying about not knowing the addressee as if you didn't know them why were you responding to their mail...
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Old 26-11-2010, 14:31
Hypnodisc
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I have been getting these for a year for previous tenants.

Every month I get a letter saying Northern Rocks debt collectors will be sending bailiffs within 28 days but every month they disappoint.

I'd love them to send bailiffs just so I can see the look on their face when I say they moved out 18 months ago. I want to ask them why they are so slow at catching up with anyone. I will then blame the worldwide economic crisis on the bailiffs not chasing up those who have debts!

Seriously OP, DO NOT WORRY.. I get loads of these letters.. the people here before me owed money every which way but funnily enough all I've ever received is letters. If a bailiff was to turn up, they cannot do a thing.. you just inform them that the old occupants have moved house and they have to let it drop. If they are illegal/pushy bailiffs then just call the police.

I find it all a bit funny to be honest.. these companies put no real effort into sending round debt recovery agencies. I've been getting all these 'final warnings' and 'legal warnings' for yonks.
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Old 26-11-2010, 15:40
nessyfencer
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I agree with the others. You shouldn't be opening another person's mail.
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Old 26-11-2010, 16:41
davidmcn
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(I once looked up the legality of opening post meant for someone else and it appears to be an offence only if intent to harm or defraud is the reason. I'm not sure if this is correct, maybe someone can do a more accurate search.)
You're correct, there's nothing illegal about opening any mail addressed to your house.
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Old 26-11-2010, 18:18
alisonrose3764
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You're correct, there's nothing illegal about opening any mail addressed to your house.
I think if you have lived at that address for a while why should you not open post to your home.
I have bought my flat 2 years ago and still get post to the old owner - I left it a year, forwarding it back to the Post Office - now if it looks official I open it - I don't want any nasty debt against my address.
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