Debt at Wrong Address

[horseshoes]

Letters keep arriving at my Mum's address for somebody who lives at a hostel (I think it's a bail hostel). My Mum has put them back in the post box with return to sender on them. Se doesn't want to get involved with the people at the hostel. This person has obviosuly given my Mum's address. We have encountered this same problem in the past, but the person concerned moved away. The letters were from Vodaphone, but we think the last one may have been from a solicitor. My Mum is very elderly and has become rather frightened now. Does a debt stay with the address or with the person? I'd like to be able to put her mind at rest.

[bednobs]

always with the person

[horseshoes]

If another letter comes, are we permitted to open it so we can telephone whoever it is or at least put an explanatory note in and post it back to whoever sent it?

[237SJ]

I agree with pinklady. My mum gets mail for previous owners and I open it and phone the company myself. If you put return to sender on the envelope and send it back, it seems nobody takes any notice of it and they just keep sending again.

[treetops1]

I would open one and get it sorted. How do you know the PO are returning the mail to sender. I think it will continue till you actually speak to someone.

[boxtops]

Yes of course you are, you are the householder (or rather your Mum is). This happened to me, a bloke down the road opened a mobile phone account but they had my address and he defaulted. Open the letter, write a very stiff note to Vodafone and the solicitor or whoever is sending the letters (ring them up too, but confirm it in writing) to say that this person doesn't live at your Mum's house, there is no association, and can they stop writing these letters. Say you will consult your own solicitor if they don't stop. Don't let your mum be frightened by reference to court or bailiffs, it's not her debt, she's not liable.
The trouble is that just mailing them back "return to sender" doesn't tell the sender that the person doesn't live there, so they keep coming. You need to take action now to stop this - it's a shame you don't still have the latest one - unfortunately if it's a debt then the letters get more and more shirty if they don't get answered.

[horseshoes]

Yes it is; also the people concerned are a bit intimidating which is why my Mum doesn't just want to take the letters to the person concerened. She's actually very nervous of the whole incident. I'm all for opening the letters, but I don't want to put myself on the wrong side of the law either!

[horseshoes]

Sorry there, we overlapped!

[237SJ]

Horseshoes, I wouldn`t be worried about being the wrong side of the law. If anyone questioned you opening the letters (which I very much doubt) just say if was opened by mistake as it was addressed to your mum.

[mike11111]

Agree with boxtops. You need to write "Not at this address" on the envelope, or "addressee unknown". If you want to be drastic you could write "addressee deceased".

[horseshoes]

Right, I'm armed with good advice now. I shall help her get it sorted when the next one comes. Thanks all - it's very much appreciated.

[boxtops]

Horseshoes, your mum is under no obligation to deliver the letters by hand, even if she knows where the person lives - but equally she doesn't have to be intimidated either. If the solicitors or a debt agency are writing, they will have been instructed by Vodafone, so Vodafone are the only people who can call them off. Tell your mum you have it in hand and to give you the next letter, so you can take the necessary steps to get this stopped. You don't have to say you know where the bloke lives, only that he doesn't live with your mum and must have used the address falsely. Sounds very like what happened to me. Perishing nuisance, and I'm sorry that it's upset your mum.
Once it's sorted, you can always spend a couple of quid and get a credit check done on your mum (she'll need to ask for it) just to make sure that Vodafone aren't connecting her in any way with this bad debt (but no need to tell her about that bit yet!).

[boxtops]

PS - I wouldn't pinkilady - where he lives now is nothing to do with Horseshoes and her mum, it's up to Vodafone to find their client.

[dzug2]

Strictly speaking, you ARE breaking the law by opening them - but it can be the only way of getting them stopped and it's very unlikely that action would be taken against you in this circumstance.

If it was it would be the person in the bail hostel who would have to initiate it as it's 'their' privacy you have violated.

Anyway it was a mistake wasn't it? You didn't check the addressee.....

[milly143]

The same thing happened with us at our old house. Started getting letters for someone I had never heard of then one came through which I could see was from a court so I opened it and it was threatening that baillifs could enter the house while we were out and take goods. I called the court, who referred me back to the previous debt company. In the end I had to send them a couple of bills as proof that I wasn't this woman and eventually stopped hearing from them. It was a pain in the backside but getting rid of it was better then worrying someone was going to come in the house while I was at work and take goods to pay for a debt that wasn't mine.

[karenmac60]

I still get this from time to time for previous tenants even though I've been here for 10 years. I just open the mail and phone the companies. The worst one though, was when I came home to find a card through my door from CID - and not the local ones. It was a Friday afternoon and I couldn't get hold of anyone till the Monday and I had no idea why they were looking for me. Turns out the guy who used to live here was robbing security vans and was still using my address on his ID!!!