Zoom7000 Posted May 7, 2008 Posted May 7, 2008 I have recently moved in to a new flat and I'm receiving loads of letters in previous tennants names. Recently, I have noticed that many of these letters are from Bailiffs and debt collection agencies. I have been returning these letters without opening them simply marking them as "Return to Sender - Person does not live at this address" Am I doing the wrong thing? Should I be opening any future letters and calling the compaines up telling them that I do not know who these people are and that they do not live here. What do I do if bailiffs turn up at my door? Can I simply show them my ID and tenancy agreement and say that there is no one of those names living here?
plexer Posted May 7, 2008 Posted May 7, 2008 You do exactly what you have said. If a baliff turns up at your door then it's not going to be a nice experience if they are aggressive but all you have to do is show id to them and that's it. You shouldn't open mail addressed to someone else as I believe that's illegal. Ben
reggiep Posted May 7, 2008 Posted May 7, 2008 Bailiffs cannot enter your property without your consent. They need police with them to gain entry. BUT if you let them through the door then they can do what they like!
broc Posted May 7, 2008 Posted May 7, 2008 It's against the law for bailiffs to adopt a threatening manner, or attempt to force their way into a property. If they do, call the police. As plexer says, you are doing all that is required of you. It is up to the bailiffs/whoever to track down the previous occupants of the flat.
philtomo-25 Posted May 7, 2008 Posted May 7, 2008 i was in the same situation, i got loads of letters addressed to a guy who was previously renting my house, there were loads, from about 3 seperate companies i opened them and phoned everyone of them telling them that he no longer lived here, none of them said that i shouldnt have opened their mail, they just said that they will make sure that no more letters will be sent out short answer - you have nowt to worry about
TechMonkey Posted May 7, 2008 Posted May 7, 2008 As said though, DON'T invite them. Keep them at the doorstep. May seem rude but once they are in they can do alot and then the onus is on you to sort it out which takes a fair amount of work. Better rude and safe than sorry
torledo Posted May 7, 2008 Posted May 7, 2008 I have recently moved in to a new flat and I'm receiving loads of letters in previous tennants names. Recently, I have noticed that many of these letters are from Bailiffs and debt collection agencies. I have been returning these letters without opening them simply marking them as "Return to Sender - Person does not live at this address" Am I doing the wrong thing? Should I be opening any future letters and calling the compaines up telling them that I do not know who these people are and that they do not live here. What do I do if bailiffs turn up at my door? Can I simply show them my ID and tenancy agreement and say that there is no one of those names living here? you don't even have to do that, the debt has absolutely nothing to do with you...the bailiffs can't do s4!t. You can do what you like with the letters.....send them on if you've got a forwarding address, return to sender, chuck 'em in the bin, or keep at the bottom of a drawer. I personally wouldn't chuck the bailiff letters in the bin, i might open them, but i certainly wouldn't phone the poxy debt collectors to tell them the situation - it's not you're problem. Let them turn up at you're door (although i think that's unlikely to happen) and you'll have the pleasure of telling them to £$%^ off in person.
Edu-IT Posted May 7, 2008 Posted May 7, 2008 I personally wouldn't chuck the bailiff letters in the bin, i might open them, but i certainly wouldn't phone the poxy debt collectors to tell them the situation - it's not you're problem. Let them turn up at you're door (although i think that's unlikely to happen) and you'll have the pleasure of telling them to £$%^ off in person. They're only doing their job.
jcollings Posted May 7, 2008 Posted May 7, 2008 You don't *have* to do anything, however I'd much rather make a couple of calls to let people know the score than have people turn up on my doorstep. Open the letters, phone the companies and they'll amend their records. Should ensure no more visits. Above all don't worry about it - it is not your debt or problem. ;-)
ICT_GUY Posted May 7, 2008 Posted May 7, 2008 Bailiffs and debt collectors : Directgov - Money, tax and benefits It says what they can and cannot do. Dont leave your windows open btw. Also phone the local court and talk to the local ballifs directly. Debt collection agencies are a different matter, you may also find it difficult to get credit.
localzuk Posted May 7, 2008 Posted May 7, 2008 As ICT_GUY says, the debts of the previous tenant can negatively affect your own credit rating via the property. So, in order to prevent this you need to contact the agencies contacting the tenant and tell them they have moved out. I had the same problem with my house.
enjay Posted May 7, 2008 Posted May 7, 2008 Opening the letters is strictly-speaking illegal since they are not addressed to you - that said, the debt recovery company is more likely to thank you than prosecute you, since you're saving them a trip. If the bailiffs turn up at your door, do as others have said - speak to them outside, possibly even closing the door behind you, and explain that you aren't the person they are looking for. ID could be useful, but the onus is on the bailiffs to prove that you are the person with the debt, not you to prove you're not. Bailiffs are not allowed to be threatening or forceful (difficult to regulate, though), but they are allowed to make a reasonable attempt to gain peaceful access to the property (I can't remember the posh wording for this, it is a little while since I last had the bailiffs knocking for a previous occupant). Strangely, wedging their foot in the door and pushing it open is deemed fair game, so long as they don't hurt you in the process. If you do decide to go back inside to get some ID, make sure you shut the door while you do this, otherwise they might well follow you inside, and then it starts getting tricky. If you are unlucky enough to have some unpleasant bailiffs, then close the door and call the Police.
markcuk Posted May 7, 2008 Posted May 7, 2008 you might find your address is blacklisted best to get a credit report and see whats on your current address you may have a shock!! mark
torledo Posted May 7, 2008 Posted May 7, 2008 (edited) @ICT_GUY, markcuk, localzuk..... Will previous tenant hit my credit rating? | This is Money and this.... For example, if the previous tenants at your student digs failed to keep up repayments on their loans - contrary to popular belief - this will not have any effect on your credit score. "For some years, previous activity at your address has been totally irrelevant to your score," says Jones. "It's only if you have a financial link with someone at that address that your credit rating may be affected." from this online article http://www.guardian.co.uk/money/2007/aug/14/studentfinance.education Edited May 7, 2008 by torledo
GrumbleDook Posted May 7, 2008 Posted May 7, 2008 If the bailiff makes a move to enter your house / flat then do *not* slam the door on his foot or in his face as this counts as assault and makes it easier for them to be difficult ... it allows them to be 'more forceful' I think the term is used. You have to tell them clearly that you do not give them permission to come into the house. When you go off to get your documentation / ID you *must* close the door so they cannot follow you in as an open door can be regarded as an invite to enter the premises. They are not allowed to touch you in any way to try and enter the property (eg push you out of the way) and should they try to do anything you are not happy with then you phone the police immediately. If you are receiving a large number of letters from debt collection agencies, banks, etc then I would recommend that you do not open them but you take any bank ones into the nearest branch and report that you are receiving communication for people who are not resident at the above address. Request that a stop be put on letters being sent to this address and that it is investigated. If possible do the same with the debt collection agencies. It is better to be proactive about things like this ... it saves your credit rating and it saves the months of grief of having to deal with the agencies at a later date.
Gatt Posted May 7, 2008 Posted May 7, 2008 ....Strangely, wedging their foot in the door and pushing it open is deemed fair game, so long as they don't hurt you in the process. .... According to the blurb on the Direct.Gov site above.. its not They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.
torledo Posted May 7, 2008 Posted May 7, 2008 Can somebody please respond to the links i've provided regarding the issue of previous occupiers affecting the new occupiers credit worthiness... four people have now said they believe it has an adverse effect on credit rating....which sounds quite frankly like a load of balls to me. Marc has even mentioned blacklisting by address which also sounds like total nonsense.
localzuk Posted May 7, 2008 Posted May 7, 2008 @ICT_GUY, markcuk, localzuk..... Will previous tenant hit my credit rating? | This is Money and this.... For example, if the previous tenants at your student digs failed to keep up repayments on their loans - contrary to popular belief - this will not have any effect on your credit score. "For some years, previous activity at your address has been totally irrelevant to your score," says Jones. "It's only if you have a financial link with someone at that address that your credit rating may be affected." from this online article How can students protect their credit score | Money | guardian.co.uk Well... my credit rating was damaged by the prior tenants when i moved into this house (confirmed via credit checks). And my house was blacklisted by about 5 companies that I tried to deal with. So, it does affect you.
GrumbleDook Posted May 7, 2008 Posted May 7, 2008 It can and does happen. The onus is on you to prove you have no link to a previous resident with a poor credit rating. This is due to the ability to change names by deed poll making it easy to bypass certain credit searching techniques. CAB have a lot of information about how to combat this. It is also possible for people who move into property after you to affect your credit rating, so you are advised to make sure you redirect all your snail mail asap and inform all the relevant people that you have moved and the date on which you moved. From bitter experience I have found that 3 days is enough time to stuff things up ... and 3 months to fix once we realised.
localzuk Posted May 7, 2008 Posted May 7, 2008 It shouldn't have done so. Do you share the same name as a previous tennant? Nope. Not even close. It is all well and good saying 'shouldn't' but it did and does happen. That is reality.
Heebeejeebee Posted May 7, 2008 Posted May 7, 2008 When I bought my house there was already a pile of letters on the mat addressed to a previous occupant who had rented it. We got all sorts of bailiff letters and I just sent them back with "No longer at this address - please amend your records". on them. The same person still uses our address to get loans and credit cards - even after 10 years - and I still get their mail. It's never affected my credit rating though. HBJB
torledo Posted May 7, 2008 Posted May 7, 2008 (edited) Nope. Not even close. It is all well and good saying 'shouldn't' but it did and does happen. That is reality. Things have changed from my understanding in recent years, was it a recent move ? how many years are we talking about. @tony - if indeed the previous tenants had a bad credit record and it impacted on the new tenants, then that surely applies to those living within family at the same property. Some of whom my have good credit, others bad. chaging name by deed poll my get a person out of a jam when it comes to avoiding paying outstanding debt....but what are they're chances of getting any kind of credit with in effect no credit history as a result. Credit scoring by address and not individual is ludicrous...and i'm very sceptical when you say this 'can and does happen'. Although it's good advice about taking the proper steps and contacting CAB when you move into a new property.Better to be safe than sorry. Edited May 7, 2008 by torledo
localzuk Posted May 7, 2008 Posted May 7, 2008 Things have changed from my understanding in recent years, was it a recent move ? how many years are we talking about. I moved in 15 months ago.
Sirbendy Posted May 7, 2008 Posted May 7, 2008 We got a chap round last week...knocked on the door, "I'm looking for x".. "Ah..well, I'm afraid I can't help..we moved in a month or so back, and we're getting mail for all sorts still...did you say Mr X? Hang on..there's letters for someone with that first name but a different surname..hmm..come and have a look, see if it helps. No idea where he's gone though.." "Oh. What a cheeky sod! He's bought a car and not kept up payment..sorry to bother you." "No problem - come in and have a look at these letters, see if anything jumps out..I'm going to recycle them anyway.." I'm expecting a few TBH..there's been a high turnaround of tenants here. Just keep a form of ID and tenancy change proof to hand, job done. My friend lives in a really iffy area, in one of 2 old tower block things that were full of undesirables..police cleared them out, and the local housing made everyone who moved in sign a contract etc. He's had SO many bailiffs, debt collection and "break your leg" merchants at his door you wouldn't believe it. Big ex-navy biker chappie though..the last ones I saw were a bit hesitant when they threatened entry and were met with his wargaming broadsword and told "I think not."..heh.
enjay Posted May 7, 2008 Posted May 7, 2008 ....Strangely, wedging their foot in the door and pushing it open is deemed fair game, so long as they don't hurt you in the process. .... According to the blurb on the Direct.Gov site above.. its not It depends how you define forceful entry. If they push the door and it opens, they are okay; if they break your arm in the process of pushing it, they are not...
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