Troubled Brother-in-Law Using My Address

[A Freeman]

Apologise if similar questions have been asked before by other members. I've searched the forum but didn't find anything.

 

My brother-in-low used to share the rented flat with me. He moved out a year ago but didn't inform his banks, school...etc about changing address. He told me that he didn't trust the other tenants at the new address, they may steal his letters. Now I know it's just a lie because letters from debt collectors started arriving 8 months ago and two guys from court came to look for him the other day.

 

I return all the letters from debt collectors back to sender but keep the important ones, like letters/statements from his banks and school then give to him whenever we meet.

 

After joining CAG forum and read some threads, I start wondering...I might be doing something stupid and wrong...?

 

Questions

 

1. Am I breaking any law, by letting him continue use my address?

 

2. I told the guys from court that my brother-in-low had moved and I didn't know his new address. The second part was a lie. Will I get into trouble for lying to them, when they finilly got him? I am pretty sure he would do and say anything to save his own a****.

 

3. What shall I do, report him to the authorities?

 

A bit more background information: only my name is on the tenancy agreement, my brother-in-law paid rent to me. The landlord doesn't know he used to live in the flat. I know I shouldn't do that but I needed the cash to pay the bills and, you can't choose your relatives...

 

Thanks for reading. Any input appreciated.

[alfa1_steve]

Hi A FREEMAN

 

Ok as far as the law goes, i'm not 100% sure where you stand on this but in my opinion yes you are braking the law, would the authorities peruse you for it i think not.

 

Again if i was i your shoe's this is what i would do.

 

1) If you think your brother in law might impersonate you to gain credit etc( I don't know him sorry if i offend you)

 

I would contact the credit reference agencies and ask them to place a cifas warning on your credit files cost about 10 pounds a year and means when ever an application for credit takes place they will ask for more identity, it will slow down application times but its safe and a lender can not by law refuse yo credit because you have a cifas marker on your credit file.

 

2) With regards to debt collection letters i explain to your brother in law that you are sick of people knocking at the door for him and tell him to take responsibility or you will open letters and call the debt collection agencies he no longer lives there.

 

You could also do this with out telling him. When the debt collection agencies are informed he no longer lives at that address they will put it out to search ie a special team that looks at voters roll, royal mail, credit applications and utility companies. They will find him again and the letters will stop in time.

 

3) check he is not on the voters role if he is have him removed.

 

Thats about all i can think of now if you need any other info please get back to me

 

all the best

[A Freeman]

Thanks Steve!

 

No I believe he's not impersonating me. I check my credit reports every three months.

 

I'll give him two weeks to change his address and return all further letters after.

[A Freeman]

I just don't know what law I am breaking? Any ideas?

[jackieandwayne]

Hey, I'd like to know about the law surrounding using a different address too! I use my mum's address for my GP so I can stay in the catchment area.

 

Seriously, is it an offence to use a different address? What about someone who was NFA and had to collect post from a night shelter or something?

[A Freeman]

I just don't know what law I am breaking? Any ideas?

 

[no pain no gain]

Hi,

 

are you breaking the law?

 

answer - yes and no!!

 

Opening other peoples mail is an offence under, I believe, the Postal Services Act 2000. However unless you are a postal worker in particular a postman/woman it is extremely unlikely that you would or indeed, in your circumstances, could face prosecution. In the absence of a formal complaint to the relevant authority, which is very unlikely, I would completely lay to rest any fears you may hold.

 

With regard to informing the credit reference agencies, unless you have a joint financial regulated association ie. joint baank accounts, loans, hire-purchase etc you do not need to contact them to register a notice of dis-association.

 

With regard to the Court bailiffs you are under no legal obligation to give your brother in law's forwarding address whether known to you or not. For this not to be the case it would require a specific order from the Court to compel you to do so, in these post-County Court enforcement matters this just simply does not happen.

 

As for the issues relating to debt collectors, if this conduct is disturbing you to any degree I would write a simple letter to the debt collector/s explaining simply that the person they are pursuing does not live at your address. The general if not uniform approach of debt collectors in such circumstances would be to completely ignore what you have to say and continue sending letters, phone calls etc.

 

The easiest and most effective way to prevent this happening is to make your letter into an affidavit (sworn statement) you could then go to any high street solicitor and for a fee (max £5) they will swear and stamp with their seal your affidavit. This only takes a couple of minutes and is unlikely to require any appointment. Should the £5 prove burdensome you can go into any County Court and they will swear the affidavit for you free of charge.

 

Send this (you can make multiple copies) to any or all debt collectors and tell them that if they continue to contact you in any way after receipt of this affidavit you will consider it to be actionable and available for damages under the 1997 Protection from Harassment Act section 3(i).

 

If I could reduce the above to a single sentence;

 

Don't worry, tell your brother-in-law that all future mail will be returned to sender unopened forthwith.

 

Regards

No pain no gain

[A Freeman]

Hi,

 

are you breaking the law?

 

answer - yes and no!!

 

Opening other peoples mail is an offence under, I believe, the Postal Services Act 2000. However unless you are a postal worker in particular a postman/woman it is extremely unlikely that you would or indeed, in your circumstances, could face prosecution. In the absence of a formal complaint to the relevant authority, which is very unlikely, I would completely lay to rest any fears you may hold.

 

With regard to informing the credit reference agencies, unless you have a joint financial regulated association ie. joint baank accounts, loans, hire-purchase etc you do not need to contact them to register a notice of dis-association.

 

With regard to the Court bailiffs you are under no legal obligation to give your brother in law's forwarding address whether known to you or not. For this not to be the case it would require a specific order from the Court to compel you to do so, in these post-County Court enforcement matters this just simply does not happen.

 

As for the issues relating to debt collectors, if this conduct is disturbing you to any degree I would write a simple letter to the debt collector/s explaining simply that the person they are pursuing does not live at your address. The general if not uniform approach of debt collectors in such circumstances would be to completely ignore what you have to say and continue sending letters, phone calls etc.

 

The easiest and most effective way to prevent this happening is to make your letter into an affidavit (sworn statement) you could then go to any high street solicitor and for a fee (max £5) they will swear and stamp with their seal your affidavit. This only takes a couple of minutes and is unlikely to require any appointment. Should the £5 prove burdensome you can go into any County Court and they will swear the affidavit for you free of charge.

 

Send this (you can make multiple copies) to any or all debt collectors and tell them that if they continue to contact you in any way after receipt of this affidavit you will consider it to be actionable and available for damages under the 1997 Protection from Harassment Act section 3(i).

 

If I could reduce the above to a single sentence;

 

Don't worry, tell your brother-in-law that all future mail will be returned to sender unopened forthwith.

 

Regards

No pain no gain

 

Hi No pain no gain,

 

Thanks soooo much for the input! I do feel much better now.

 

However the question regarding whether I am breaking the law is not about me opening his letters. Please see below...

 

1. Am I breaking any law, by letting him continue use my address?

 

Any ideas? Thanks again.

 

A Freeman

[no pain no gain]

Hi A Freeman,

 

The answer this time is NO but maybe yes!

 

Let me explain, were he to be continuing to obtain credit, goods etc from your address with your knowledge then you could be facilitating a crime and be culpable as an accessory or even worse be guilty of conspiracy to defraud/steal. I am working on the premiss naturally that this is not the case and you are therefore committing no wrong. It is entirely up to you whether or not you wish to allow your brother-in-law to use your address in the circumstances you describe. As you said earlier you can't choose your family but you can choose your actions.

 

There is consultation (talk) of introducing a law compelling people (debtors) to provide to all creditors a forwarding address. It would be extemely unlikely, were this law to be passed, that it would or could extend to innocent third parties. Even if it did any such law could not be retrospective in its effect (Human Rights Act).

 

So as I said, tell your brother-in-law that you will be returning all future mail unopened to the senders - job done.

 

Hope this helps.

 

No pain no gain

Edited June 4, 2009 by no pain no gain
want date not face

[A Freeman]

Hi No pain no gain,

 

Many thanks for your response!

 

I'll take the following actions:

 

1. Get the affidavit done then send to the debt collector

 

2. Return all his future mail to the senders

[Rooster-UK]

Opening other peoples mail is an offence under, I believe, the Postal Services Act 2000.

This only applies between posting and delivery. Once the letter is delivered it is no longer the property of the Crown.

 

If as you suggest, your brother-in-law is using your address against your wishes, then YOU are not breaking the law. If you have allowed it in the past, then just tell him that the arrangement is not compliant with your wishes and he must find an alternative address as ALL post addressed to him that you receive will be destroyed, unopened.

 

Regards, Rooster.

[no pain no gain]

Hi Rooster-uk,

 

privileged I'm sure.

 

I am sure you are right as Messrs. Ronnie Biggs and Co. would bear painful and lengthy testimony.

 

However, I recall nowhere in our friend A Freeman's original post where he was suggesting that his brother-in-law was using his address against his wishes. Would it follow in such circumstances that his brother-in-law could make a claim under section1(a) conversion of goods and/or section 2(b) trespass to goods of the Tort Interference With Goods Act 1997 against his brother-in-law?

 

I jest of course and hope that our mutual friend has learned from his folly.

 

Thanks for your welcomed input.

 

Kind regards,

 

No pain no gain

[no pain no gain]

Hi,

 

sorry Rooster-uk, that was the 1977 Tort Interference With Goods Act.

 

Reputation and all that!!

 

No pain no gain

[no pain no gain]

Hi all,

 

as some of you will know my foot is out of plaster as of today, so back to the day job from tomorrow. Will not have much time to spend Cagging. Will log in every few days. If you need my help PM me.

 

Best of luck,

 

No pain no gain

[car2403]

Hi all,

 

as some of you will know my foot is out of plaster as of today, so back to the day job from tomorrow. Will not have much time to spend Cagging. Will log in every few days. If you need my help PM me.

 

Best of luck,

 

No pain no gain

 

Advice by PM is a no-no.

 

Advice given on a thread can be corrected if wrong, or, can have follow up opinion posted based on alternate experience.

 

Also, advice by PM doesn't help those that are in similar circumstances to learn for themselves, which is what CAG is all about.

 

IMHO...

[no pain no gain]

Hi site team member,

 

sorry, didn't realise could or would be breaking site terms. Never would I have answered a PM in anything other than open forum. I for one fully understand the mechanics and aim of the site/forum. I assumed that PMs posted through your server were monitored for the benefit of all including the recipient.

 

In addition to my 'alleged' legal understanding I perhaps should declare that I am technophobic!

 

Ah well, one degree at a time!!

 

Regards,

 

No pain no gain

______________________________________________________

Churchill once said that "..you realise the problem with democracy when you spend five minutes with the average voter"

 

I would hope that this forum does not suppress free speech - that would be a sad day indeed!