Jump to content


  • Tweets

  • Posts

    • Thank you for your response. So the bit about being entitled to any VAT or PPI payments, are they entitled to this?
    • Thanks for your reply dx100uk appreciate your help. Is this the barred letter Updated Nov 19? So I not need to wait for agreement or send correspondence to Resolvecall? thanks 
    • the IVA failed that should have been the end of  however and i don't understand how, but you allowed them to take you to court and get some kind of judgement...whatever that was.??   typically it's 6yrs from the time you entered into the latterly failed IVA. unless whatever the court did varied that date. when an IVA fails everything is normally reset to as if it never happened bar payments made to creditors resetting your SB dates. you are better out of it anyway   most IVA's are designed to fail from the get go and simply feeds the practioners with ever increasing fees making sure little money ever gets off your debts but lines their own profit pockets     a week or 2 ago the FCA brought in new proposals or rules to combat these very pirates.   
    • exchanged the tent as they have offered and walk away.   move on.    
    • I took out an IVA in January 2012 however it failed and went to court in March 2013 due to unemployment.  I received a letter from them dated February 2015 with court information (as they took me to court) stating    ' Further to the failure of the Debtors' Individual Voluntary Arrangement, the Supervisor retained the power to deal with any pending PPI claims and recovery of VAT (where applicable).   Any potential PPI monies have been received by the Supervisor and distributed in accordance with the IVA proposal as modified. However, where further IVA assets, such as PPI are realised after completion of the IVA, these will be realised by the Supervisor acting as trustee of those assets which will be distributed in accordance with the IVA'.   I just need some clarification about this. How long does the Practitioner duties last and does this mean that any PPI claims that I may make in the future and awarded will go to the Practitioner for distribution?   Thank you for your help. 
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

New Debit card sent to old address - person opened my mail..


Recommended Posts

My new debit card was cancelled by my bank because it had been sent to the wrong address and somebody opened my post and contacted the bank and said I did not live there.

 

I had told the bank my new address but their systems went wrong and sent it to the old address.

 

They are sending me a new one but in the meantime I can’t use my old debit card as they have cancelled that too.

 

Does anyone know if it’s legal to open someone’s post and contact the sender?

Link to post
Share on other sites

Yes.

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

I have just found out that is illegal under The Postal Services Act 2000.  It states that it is illegal to open someone’s post or delay it reaching it’s owner.

Link to post
Share on other sites

No its not!

If it goes to xx address

The legal owner of xx address is quite entitled to open mail

 

They infact did the right thing

Your card being stopped is a small inconvenience to having the ac drained

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites
  • dx100uk changed the title to New Debit card sent to old address - person opened my mail..

Disputing what?

 

You asked if it was legal..

 

The answer is yes..

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

Anyway, which bank is it?

Link to post
Share on other sites

We'll up wrong tree you bark if you are after any kind of recompense for the situation you find yourself in.

 

Best idea is to complain to smile, inc written proof that they did have your correct address and seek compensation from them, if they made an error.

 

The recipient of your mail did nothing wrong by opening it.

 

Been there had the t-shirt..and yes it was the co-op too.

 

Got £150 out of them 8yrs ago.

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

So far as I'm aware, to commit a criminal offence someone needs to intercept the mail before it is delivered and/or they need to open it with dishonest intent etc.

 

If the bank addressed and sent it to the wrong address, and it was delivered to that address, then the person who lives there is entitled to open it and is not committing a criminal offence.

 

I open all mail that comes through my letter box and has my address on it.  If it's been sent to somebody I do not know, I'm even more eager to open it to see why somebody I do not know is using my address.  I then inform the sender of their error.

 

The last time this happened I took great delight in returning it to the firm of solicitors who had expected to find their client at my address for some reason.  (As it turned out they had got the house number wrong and their client had just moved into the house so I didn't know them.  I just hoped they hadn't accidentally conveyed my house to them...)

 

Complain to the bank - data protection; inconvenience; blah blah...

 

Get over it...

 

I think this is the bit you need to know (my bold and italics):  "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".  [Postal Services Act 2000, s.84(3)]

 

So as long as you have a "reasonable excuse", you are OK.  As far as I'm concerned, in these days of far reaching identity theft, if a bank is writing to somebody you do not know at your address, than you have every reasonable excuse to open it.

 

(Whether that 2000 Act is still the relevant one, I do not know - but I doubt the law has changed)

Link to post
Share on other sites
Posted (edited)

Ginger Cat

 

Have a read of what  Royal Mail staff say on their forums

 

https://tinyurl.com/y6znaxym

 

Or ask yourself

 

https://tinyurl.com/y3pfyz7b

 

URLs take you to Royal mails public forums....

Edited by 45002
url

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

Also - what if you get a letter with just the address on it or get one with "The Occupier" that has multiple people who live there. That would also be against the law right? 

 

Nooo :)

 

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites
14 hours ago, Ginger Cat said:

I have just found out that is illegal under The Postal Services Act 2000.  It states that it is illegal to open someone’s post or delay it reaching it’s owner.

 

It's section 84 of the Postal Services Act 2000

 

https://www.legislation.gov.uk/ukpga/2000/26/section/84

 

s 84 (1) (a) says it's offence to open or delay  a letter "in transmission" . After the letter had been delivered to the address on the envelope it is no longer "in transmission", it has been delivered. Royal Mail delivers to the address not the person named on the envelope. So that section does not apply.

 

s 84 (3) says it's only an offence to open a letter incorrectly delivered to your house if you are opening it "intending to act to a person’s detriment and without reasonable excuse". ie to open it for a dishonest reason. So that section does not apply here either. It was opened with "reasonable excuse", to enable it to be returned to the sender, and it was acting to you benefit, not your detriment.

 

So as everyone else as advised you the person at your old address has done nothing wrong.

Link to post
Share on other sites

Thanks everyone for your replies.

 

The person who opened my post knows me and knew how to contact me if anything arrived in the post.   I believe what they did was to my detriment because now I am unable to use my card until another arrives at my new address.

 

Also, the bank are at fault because I informed them of the new address and they failed me and have admitted such.

Link to post
Share on other sites

Hi.

 

You've had quite a lot of advice on this thread already but don't seem to agree with it.

 

Can I ask what solution you would like please?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Well, if someone’s post was inadvertently sent to my address and I knew them, I would contact them first.  I certainly would not open it. 
 

The bank are at fault for sending it to the old address and have admitted it.  I am not after any compensation from anybody.  An apology would be nice but nobody does that any more for fear of litigation.

 

 

Link to post
Share on other sites
19 hours ago, Ginger Cat said:

My new debit card was cancelled by my bank because it had been sent to the wrong address and somebody opened my post and contacted the bank and said I did not live there.

 

So that's what you first said in your original post.

 

Some how (and for what reason we cannot possibly imagine) you deliberately choose to omit from your original post the following relevant information:

 

1 hour ago, Ginger Cat said:

The person who opened my post knows me and knew how to contact me if anything arrived in the post.   I believe what they did was to my detriment because now I am unable to use my card until another arrives at my new address.

 

You appear to be a bit of a timewaster (and that's being generous...)

Link to post
Share on other sites
2 hours ago, Ginger Cat said:

Well, if someone’s post was inadvertently sent to my address and I knew them, I would contact them first.  I certainly would not open it. 

 

What you might do and what the law requires you to do are not the same thing.

 

Just because the person living in your old house knew where you lived or could have found you doesn't mean they have to come and find you. They are entitled to do exactly what they did do. Open it and return it to the sender.

 

It's the bank's actions that have resulted in some inconvenience to you - some "detriment" if you like - not the actions of the person now living at your old address. I'm expect you'll get an apology from the bank if you complain (check the 'how to complain about us" section of their website) and maybe even a few quid as a 'goodwill gesture'. They'll no doubt point out that because of Covid-19 there has been some unavoidable reduction in their service levels.

 

Beyond that I can't see what else you could reasonably expect to happen.  It's not a major incident.

 

I hope your reissued card arrives soon.

Link to post
Share on other sites

Why not tell us what answer you want from your question, so we can just agree. That way we’ll do away with the inconvenience for you of being given answers you disagree with ........

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...