Westcot Again

[p4nd0rasb0x]

A letter was rec;d at the address I am living at, it was address to a Mrs Jo C*****g - the prob is Jo is my name and C*****g is my landlords surname, so I really dont know where they got that combination from.

Obviously they wont give me details of any debt because I am not the person named on the letter. I did call quoting their ref number but again they refused to give me details when i stated i wasnt that person, they then said that no more letters would be sent !! two hours later the phone rings and they leave a recorded message for the same person as on the letter asking them to call Westcot..

what now?

[PGH7447]

ignore them, unless they start to harrass you then report them to the OFT, or send the letter to your landlord.

 

I am assuming you have no debts.

[p4nd0rasb0x]

ignore them, unless they start to harrass you then report them to the OFT, or send the letter to your landlord.

 

I am assuming you have no debts.

 

Don't we all have debts?

I do have some yes but certainly not in the name on the letter, I think they are clutching at straws personally.

I will ignore any future correspondence from them and simply return it stating addressee unknown.

[accesspwd]

yeah just ignore them for now and see if they send more..

 

then take it from there

[berrylover]

or you could send them this, unsigned obviously.

 

Dear Sir,

 

Account no:

 

I have received a letter at my address for Ms Jo (whoever). There is no such person living at this address and I have no knowledge of previous occupants whereabouts.

 

I would also point out that I have no knowledge of any such debt being owed to (insert company name).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

[PGH7447]

But that would indicate she opened the letter

[Bazooka Boo]

But that would indicate she opened the letter

 

Now I am of the view (possibly quite controversially:p) That whatever comes through my letter box, I am entitiled to open it and read it as I live at the address, shouldn't I be entitled to know who or what I might open the door to in the near future? I have lived here for over 3 years, and even now i still get DCA's letters threatening to collect my doorstep, even though the name on the letter is for the previous occupant, I want to know who might call on me:cool:

 

And just for the record, I don't have a doorstep, and still after all this time I've not had a single field agent visit:cry:

All that time hoovering and dusting....wasted!

[kurvaface]

I read everything that comes through my letterbox:confused:

[PGH7447]

Thats your perocative, but actually if a letter is addressed to someone else you are supposed to return to sender

[accesspwd]

Its actually against the law to open somone elses mail

[kurvaface]

Then I'm a law breaker:eek:

 

If some numpty is billing my address, I am going to know about it, no matter what!

 

Infact, recently I had a letter in someone elses name at my address for insurance. If I hadn't opened it, I wouldn't have been able to ring the insurers to tell them. A decade after living at my house, I shouldn't be getting other peoples mail.

[cds]

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.

[kurvaface]

[Bazooka Boo]

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

 

I have plenty of excuses for opening mail delivered to my property, namely it's my property, once it lands on my doorstep, I have possession, possession is 9/10ths of the law:p

 

Besides if MP's can 'do nothing wrong' by buying duck houses and cleaning out their moats, I sure as hell can open and read whatever the postman rightly or wrongly puts through my door, unless I read that the address is incorrect of course!

[kurvaface]

I'm going with Bazooka on this one

[Bazooka Boo]

I'm going with Bazooka on this one

 

Do you reckon they'll put us in the same cell?

Sorry, this isn't helping p4nd0rasb0x:oops:

[PGH7447]

There was a thread on here were a cagger opened the mail for someone else then wrote to the dca with a I dont know anything about this debt, the DCA then started chasing the person who sent the letter.

 

IMHO - if its not addressed to you Sebd it back, that way you dont open a can of worms

[Bazooka Boo]

There was a thread on here were a cagger opened the mail for someone else then wrote to the dca with a I don't know anything about this debt, the DCA then started chasing the person who sent the letter.

IMHO - if its not addressed to you Send it back, that way you don't open a can of worms

 

Agreed:D

[p4nd0rasb0x]

Do you reckon they'll put us in the same cell?

Sorry, this isn't helping p4nd0rasb0x:oops:

 

I'd already informed them that id opened the letter in order to see who i should contact to tell them that person didnt live here.

Also the contents of the letter dont indicate who the debt is with, all there is is a ref number which doesnt tell me anything.

[Bazooka Boo]

I'd already informed them that id opened the letter in order to see who i should contact to tell them that person didnt live here.

Also the contents of the letter dont indicate who the debt is with, all there is is a ref number which doesnt tell me anything.

 

In that case then I would wait and see if there is any more correspondence from them. It is quite likely a phishing trip, them just sending out letters to everyone with that name or combination of name, in the hope they hit their intended target!

 

All the same, you should report it to the OFT

[email protected]

The Office of Fair Trading: Contact us

 

Ignore any more calls from westcot, all that has happened there is that when you rang the number to ask for an explanation, they will have put your number into the computer, to ring you and leave ridiculous empty threats and messages!

 

Ofcom are the ones to complain to for harassment calls,

and you could also use HowToComplain as I hear they nip it right in the bud ASAP:D