Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder dan753 Novitiate

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    Default Received a letter, our address but someone else's name

    We've just received a letter from what is apparently Debt Managers Ltd (I Googled the PO Box address and it brought me here, and to this thread)

    Now, it's got someone else's name on, but our house address. It's addressed to the chap across the road from us (admittedly he's a bit.. weird, he's also just been sentenced for stalking a woman).

    I'm curious about two things:
    a) Am I legally allowed to open this letter if it has my address on?
    b) How can I ensure that we don't have bailiffs knocking on our door anytime soon?

    Thanks in advance
    Dan

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  2. #2
    Basic Account Holder pfens Novitiate

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    Default Re: Received a letter, our address but someone else's name

    Having had this kind of thing at my address, (rightly or wrongly) I have opened the letter, telephoned company concerned and pointed out that the named person does not live at the address and to the best of my knowledge never has. The company assure me that they will amend their records and so far that is the last that I hear from them.
    Hope this helps


  3. #3
    Basic Account Holder dan753 Novitiate

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    Default Re: Received a letter, our address but someone else's name

    So is it fine to open it? I don't want to phone them up and have them say something about opening someone else's mail not being lawful or whatever.
    Thanks for the reply


  4. #4
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    Default Re: Received a letter, our address but someone else's name

    No is the answer

    You are not permitted to open mail which you know is not your, i do believe it is actually illegal to do so under the post office act or something along those lines i believe

    your best course of action is to contact the company at the return address and inform them they have sent mailings to you and you do not have any dealings with the company and respectfully request the address all further correspondance to the correct address

    thats what i would do

    Regards
    paul


  5. #5
    Basic Account Holder dan753 Novitiate

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    Default Re: Received a letter, our address but someone else's name

    OK, thanks. There's a phone number on the letter itself near the addressee details, shall I phone that and tell them? Or just return it to the PO box address?
    thanks


  6. #6
    Basic Account Holder cricket1 Novitiate

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    Default Re: Received a letter, our address but someone else's name

    I would just return to as 'not known here' and then let them follow it up.


  7. #7
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    Default Re: Received a letter, our address but someone else's name


    To Whom It May Concern,

    I note that i have received a letter from your company, which was addressed to my address which is xxxxxxxxxxxxxxxxxxxxxx

    however i note that the person named on your letter is Mr xxxxxxxxxxxx

    i must point out that this person does not nor ever has lived at this address. i have no dealings with your company and therefore respectfully request that you remove this address from your files as it is incorrect

    should you ignore this and continute to send letters to this address for Mr XXXXXXXXX i will report you to the ICO for potential breaches of the DPA 1998

    Please confirm in writing to me that you have amended your records accordingly


    Regards
    i would send them something along the lines of that , after all you need to make sure that your address is removed and the correct address is used from now on


  8. #8
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    Default Re: Received a letter, our address but someone else's name

    I had something along these lines a while ago
    Got a letter sent to my address, correct surname and initial, but the forename was incorrect ie Edwin instead of Edward (not my name)

    It was off a DCAicon and was fairly threatening, when I phoned (I know, I know) to clarify and correct, I was advised that it was an adminicon error and that I shouldn't have opened the letter in anyway.

    A week later I received the same exact letter but with my correct details.

    I wish I wish I wish, I hadn't phoned them and simply let them compound their own error.

    Anyhow, I checked, it is a criminal offence

    quote
    "as confirmed in the Regulation of Investigatory Powers Act 2000.

    It is an offence to open, destroy, hide or delay any post that is addressed to someone else.
    Post cannot be opened if it is to the addressee's detriment and without reasonable excuse.
    Reasonable excuse is not defined by the Act.

    An example of a potential conflict is if a landlord opens a previous tenant's post in order to trace them.
    Post cannot be opened if someone knows or reasonably suspects the post has been incorrectly delivered.

    It is also an offence to divert someone's post in order to intentionally delay them from receiving it. An example of this could be where a person re-posts documents or cheques to delay the addressee from acting upon them."


  9. #9
    Basic Account Holder dan753 Novitiate

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    Default Re: Received a letter, our address but someone else's name

    Quote Originally Posted by spamheed View Post
    I had something along these lines a while ago
    Got a letter sent to my address, correct surname and initial, but the forename was incorrect ie Edwin instead of Edward (not my name)

    It was off a DCAicon and was fairly threatening, when I phoned (I know, I know) to clarify and correct, I was advised that it was an adminicon error and that I shouldn't have opened the letter in anyway.

    A week later I received the same exact letter but with my correct details.

    I wish I wish I wish, I hadn't phoned them and simply let them compound their own error.
    What happened?


  10. #10
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    Default Re: Received a letter, our address but someone else's name

    Quote Originally Posted by dan753 View Post
    What happened?
    I ended up with a CCJ, they got me before I knew what I was doing, or that I had any form of defence. The advice I was given at the time didn't even consider illegal charges, or whether the DCAicon even had title to the debt. Needless to say I know a little better and ask the right questions

    They were trying to eventually get a charge on my property, but the judge wouldn't go for that and they now get a monthly amount which was what I offered them in the first place. I take it as a (very) small victory

    It will take them about 40 years to recover the debt, assuming that I don't default (which I wont)

    I intend to claim against MBNAicon for charges applied and see what happens from there


  11. #11
    Basic Account Holder dan753 Novitiate

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    Default Re: Received a letter, our address but someone else's name

    I suppose the circumstances here would be different, as no member of this household is in debt with anyone or anything.

    Realistically, if I open this letter what will the consequences be? I'm still quite tempted.


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    Default Re: Received a letter, our address but someone else's name

    Dan753,

    you beat me too it, that was what i was going to say.....

    if you dont have any dealings with any such companies you are perfectly ok

    Regards
    paul


  13. #13
    Basic Account Holder butler3131 Novitiate

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    Default Re: Received a letter, our address but someone else's name

    From the Postal serve act 2000

    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.



    Mail can NOT be opened and must be forwarded on ASAP as holding on to mail that does not belong to you in an offence.


  14. #14
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    Default Re: Received a letter, our address but someone else's name

    Quote Originally Posted by butler3131 View Post
    From the Postal serve act 2000

    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 persons 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.



    Mail can NOT be opened and must be forwarded on ASAP as holding on to mail that does not belong to you in an offence.
    Don't know why an old thread has been opened. Mail can be opened, provided there is good reason to do so and there is no intention to do anything that is detrimental to the addressee. The law which has been quoted makes it quite clear, that it is about what is done with the mail when opened, not about the actual opening of the mail.


  15. #15
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    Default Re: Received a letter, our address but someone else's name

    I had a letter delivered yesterday, now I live alone in a one bedroom flat, no need for any other mail but mine to come here, so I never check before opening, I just open the mail........this letter was to my address but someone elses name, I had opened it in innocence...I have advised the sender and am quite furious really that there error has put me in the position of doing something I shouldn't have done. It was a warning about a complaint, I am guessing the person it was meant for is registered as a cab driver as it mentions the license and its from the local council.


  16. #16
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    Default Re: Received a letter, our address but someone else's name

    well yes my intention was innocent so I guess I am ok there then, and have advised sender of the error and my annoyance at it, its gone back in post returned to sender.


  17. #17
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    Default Re: Received a letter, our address but someone else's name

    Quote Originally Posted by Ruby_Tuesday View Post
    well yes my intention was innocent so I guess I am ok there then, and have advised sender of the error and my annoyance at it, its gone back in post returned to sender.
    No issue then. I can remember an instance where I had a letter with my address but for someone else. I opened it and it was a good thing I did, as it was quite important, as there was a deadline for this person to meet for some issue. I phoned the company who had sent the letter and they dealt with it, so that it went to the correct address.

    It is only a problem opening someone elses mail, if you did something to the detriment of the addressee.



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