Shortly after we moved in to our new house about 2.5 years ago, we started getting post for someone who to the best of our knowledge has never lived here. We duly popped them in the post box marked as unknown, but they kept coming and after a while curiosity got the better of me so I opened one.

The letters are from a debt collection agency, there was a number to call if the address was wrong etc, so I called them up and they apologised and said it would be sorted. But still they come and now they are “threatening” a doorstep visit. We’ve called again, but I’m assuming the letters will still come. What’s the legal standpoint on this? Don’t want some numpty turning up and trying to take the telly or whatever! 🙂

TIA

A scan of the letter?

PS – don’t worry

I had this when we first moved into our place – I just phoned them up and told them the previous occupier had moved.

let them turn up? “hello? no that’s not me, here’s my driving licence to prove it. goodbye” or just ignore them, they can’t do anything.

It’s the fact we’ve phoned them up already that’s peeing me off more than owt. I’m not worried as such, just a bit ticked off TBH.

Letter looks a lot like this:

Personally, I’d ignore them. They’re not addressed to you. IIRC, you’re breaking the law in opening someone else’s mail.

That said, it’s illegal for them to keep sending letters when the debt is in question, it’s harassment. It’s also illegal for them to turn up on your doorstep without a court order. But I highly doubt they will, it’s just a scare tactic.

Loads of reason why they cant do anything.

It’s not you so there is nothing they can do.
They aren’t Bailiffs so there is nothing they can do.
What they are doing is illegal.
Etc
Etc.

Ignore it.

You have already told them so they are officially harassing you, which is against the law.

However, inform them again, but this time in writing, stating that you expect the harassment to stop or you will report them record the letter. You could probably find a standard letter to use online quite easily, and who they can be reported to if needs be.

Ive had a similar experience of these guys, complete rogues. Try the following letter which I shamelessly copied and pasted. This did not have the desired effect so i took them to the small claims very swiftly after the letter was send for harassment and won.

Letter

ring them and tell them the person in question no longer lives there. The one I did that for were ok about it and didn’t receieve further letters.

No need to worry AT ALL!

Cougar – Member
That said, it’s illegal for them to keep sending letters when the debt is in question, it’s harassment. It’s also illegal for them to turn up on your doorstep without a court order

Incorrect twice.

They can’t turn up on your doorstep at all.

nmdbasetherevenge – Member
They can’t turn up on your doorstep at all.

On which planet?

Anyone can knock on anyone’s door.

As the recession kicked in a customer of mine told me how they work. The company he worked for we’re raking in cash by buying debt, sometimes for as little as a penny in the pound.
They then send an increasingly threatening series of letters with final one being from their fictitious ‘Legal Dept’. At this point enough people cough up to make it more than worth their while….

Ignore then, at least it’s costing them to post this crap and it’s keeping the postie in a job too.

They will not come to your door so no fear of taking your tele, wife kid, etc.

I’d just ring them once more tell them they’re wasting their time and to update their records accordingly. Get the name of the representative. I bet you it stops.

Try that if not let us know and I’ll contact them on your behalf. How’s that sound? 😉

Cheers all

Sounds like a deal pp, I’ll ring them again tomorrow 🙂

I was getting post for a previous owner of a house I bought. It was a repo house. Lots of letters about debt collecting and ballifs. Was even told the evening they were popping round and waited in for them and they didnt show. Then they just petered out after a year or so.

We’ve been getting them for 5 years at our house, no one has ever turned up. If they did, I’d follow the advice of this youtube vid:

http://www.youtube.com/watch?v=6ywGyUxL1bM

Tell them to eff off. Do not give them any of your details.

Sounds like a deal pp, I’ll ring them again tomorrow

General advice is not to ring/speak to/contact in any way other than standard letter telling them in nice legally abiding terms to produce evidence etc.

Plenty out there on the googlynet about this particular bullying company.

I’ll ring them again tomorrow

As above.

No point ringing them, it won’t do any good because they can deny a phone call was ever made and therefore they are not left open to legal action for harassment.

You need to write to them, keep a copy of what you send, and send it recorded delivery.

That will get your point across.

Ah, I missed that earlier, it’s Lowell, I’ve first-hand experience of this bunch.

They buy ‘bad’ debts from companies, often statute barred, and send increasingly threatening-sounding letters to scare people into paying. After Lowell comes Red Debt Collection, and others. My partner started getting them, and despite having no knowledge of the debt in question, she wanted to pay them just make them go away. Which is what they count on.

As per the link above, the OFT has guidelines which state that debt collection companies cannot actively pursue debts where the validity of the debt or the identity of the debtor is in question. This is what I was saying before it being illegal, and Al helpfully saying I’m “incorrect” without further explanation. Pursuing may be against guidelines rather than illegal, but harassment is illegal, which is what I was getting at.

After half a dozen letters from them, I wrote them a letter not dissimilar to the one on that page, essentially saying “prove it or piss off.” That was the last I heard from them, and that was a few years ago now.

What Rob says is absolutely correct. Ringing them is risky, it’s too easy to be caught out. Either ignore them, or if you must contact them do it in writing.

Your case is a bit different in they’re not actually accusing you. I’d be half inclined not to get involved and just ignore them.

Speaking of that link above ^^, I just tripped over this.

http://www.consumeractiongroup.co.uk/forum/showthread.php?127893-UKCougar-vs-Lowell

yep there shysters,send a recorded letter,they will stop then another shyster company will buy the debt and start again.make good kindling for the open fire

Anyone can knock on anyone’s door.

Not once they have been informed that the debtor no longer lives at the address.

Then it’s harassment.

As it’s not your debt, hard to see it’s anyone’s problem but the muppets at the debt collectors.

At a guess your address is logged on a database and your just receiving automated threats. I can just imagine the person you spoke to thinking, “yeh, I’ll sort that just after lunch”

So if I have debts I can just pretend to my debtors I’ve moved and they can’t contact me?

You may have a point re. harrasment but it’s a way down the line. Not that these guys deserve the shite of our shoes.

I had a similar situation about 15 years ago where the previous owner of my flat had not paid the council tax and Reading council had instructed baliffs. I wrote to the baliffs three times with proof that I owned the property but was still getting threatening letters.

In the end I rang Reading Council, explained the situation and they stopped the baliffs. Do you know who the original debt was to? – if so it might be worth contacting them.

The original creditor won’t care – they’ve sold the debt to Lowell.

So if I have debts I can just pretend to my debtors I’ve moved and they can’t contact me?

No, once they are informed otherwise (by recorded post) they are legally required to prove that the debtor still lives at the address. Before taking any further action.

Electoral role
Council tax records
Benefit claims
Vehicle tax
Etc
Etc.

Wowsers! for the first nth time, I am wrong!

Wowsers! for the billionth time, I am wrong!

They can turn up. But even if they were bailiffs, which they arent, you are not the person they are after and even if you were you don’t have to allow them peaceful entry. Sound like cowboys as they obviously haven’t even done experian searches. As advised previously send letter then f… them

Cheers again all. I’ll draft a letter tomorrow then, hopefully be the end of it.

Send them your receipt for the house.

I have had similar from these exact shysters before… After a lengthy (and rude on their part) phone call got me no-where then a bit of googling action soon found the name and e-mail address of the chief exec (which they may have since removed from their website).

A snotty e-mail directly to him resulted in a letter of apology from both him and the scrotum I had spoken to on the phone….

Owen james is the chief scrote… The e-mail system they seem to use is first initial and surname…. Worth a try!

Cynic-Al

Wowsers! for the first nth time, I am wrong!

You must have been the worst lawyer in the history of the universe. I imagine you have hundreds of former clients locked up Max Cady style, getting all sorts of biblical tattoos and plotting their revenge on you upon release.

I think everyone has covered most bases here.

Opening someone else email is a crime … but only if it was intentional, and the hard part it proving that.

Regarding Debt Collectors … they have no legal

I’d suggest sending a recorded letter to the Debt Recovery Agency with a few key points:

1) Only the people of your surname live at the property and you opened all your mail, and inadvertently opened one letter addressed to Mr X. (I used to received letters addressed to the “the current tenant/owner” in a bid to get a forwarding address of Mr X).

2) Explain that you do not know Mr X, have never met him and have no recollection of him ever living there.

3) Perhaps include parts of the following:

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, 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 such an appointment with you.

There is 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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Granted that letter is for a debtor to send to the creditor, but likewise you can still point out that you have no business with them, and you do not want a doorstep visit, nor do you wish to continue receiving letters.

HTH

Post the mail back to them with a letter stating:

you are not and have no connection with the person in question, nor are aware of their current address.

any further attempts at communication will not be responded to and considered harrassmenet forcing u to report them to, as a min, trading standards, the police and relavent trade association.

Anyone else notice the letter is dated 3rd March 2009?