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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Received a letter, our address but someone else's name


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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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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

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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

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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

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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 DCA and was fairly threatening, when I phoned (I know, I know) to clarify and correct, I was advised that it was an admin 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."

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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 DCA and was fairly threatening, when I phoned (I know, I know) to clarify and correct, I was advised that it was an admin 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?

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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 DCA 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 MBNA for charges applied and see what happens from there

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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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  • 5 years later...

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.

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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.

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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.

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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.

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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