Previous flat owner left with unpaid utility bills

This happened to me many years ago when I was a tenant and moved into a property where the previous renter had gone bankrupt. Then the debt collectors began to arrive. Now having worked for a DCI (for about 6 months) and knowing how little power they had I simply showed them my passport and directed them to the house of the LL which was nearby. After the first visit she told me about the previous tenant and I made the point that she should have warned me! Thereafter I directed all the DCI people to her house to deal with.

Only one was rude and I was equally rude back. Even bailiffs are not allowed to break into a domestic premises except in very limited circumstances. I never bothered to ring any of the companies. Why should I spend my time and my phone bill? I quite enjoyed jerking these jokers around when they arrived. However I did keep a locked 6 foot metal gate between us.

Should add that I had been opening the post for the previous owner and had advised the sender that they’d moved, without leaving a forwarding address, but I did pass on their solicitor’s details.

I had the same trouble when DD2 got her first flat. In the end, we got a letter from Balliffs saying they would be there the following Friday! I rang them and said that I’d be delighted to see them and would have tea and cake ready, but they were really chasing the wrong person.
Never heard from them again.

AFAIK it’s not illegal to open someone else’s mail, if you are unable to pass or forward it to them - as was the case with us - no forwarding address left with anybody, inc. the solicitor who’d handled the sale - after the former owner had left the country.

You can then at least let the sender know the situation.

We had this after buying a flat - so much mail about various debts - about £20k worth. Former owner had returned to his country of origin.

Return to sender with ‘no longer at this address’ achieved precisely nothing.

In the end I opened it all and wrote to everybody - around 12 IIRC - explaining. They were all perfectly reasonable, but did ask for a copy of our council tax bill, to prove ownership. They all then backed off.

What does really rile me, though, is that the bloke could, I’m sure, return to the U.K. tomorrow, and what would happen to him? Absolutely nothing.
And yet he’d made a huge profit after buying his ex LA flat many years previously, courtesy of Right to Buy.

A similar thing happened to me when persons unknown used my address for credit cards, store cards and a furthering on address for outstanding council tax etc. Having received these demands for over two years and written numerous recorded delivery letters to the third parties to say the person did not and had never lived at this address the bailiffs arrived to collect the amounts outstanding. The first call was instigated by the local council office to collect council tax for a property in another area. In short, a final sharp letter threatening legal action, with all costs paid by them, if they did not amend their records solved the problem as it did with the others after the second bailiff arrived who told me it was a regular occurrence. Apology letters received from all concerned but you need to be firm although not sure if the rules differ if the property was bought with outstanding debts attached.

As has been stated it is counted as illegal to open mail addressed to someone else. However, just marking envelopes RTS is pretty useless, as probably they do not go beyond that company's post room.

When I first moved here I used to get mail with various names on, presumably those of previous tenants, and I would do the usual 'not known at this address, return to sender'. Most looked to be junk.

One that came regularly looked like a business so I eventually opened it - it was from a debt collection agency. I phoned them up and explained, and I heard no more from them.

It is a little bit of 'wrong if you do and wrong if you do not'.

As has been stated it is counted as illegal to open mail addressed to someone else. However, just marking envelopes RTS is pretty useless, as probably they do not go beyond that company's post room.

Do think the law should be clearer on this point. For how long is it expected to return mail to previous owners/tenants at a property we have moved into, and not open them to find out address to write to.?

It is only now that this has been passed onto Debt Collecting Agency - I think that letter was just sent to Occupier - so they opened it!!!

Yes, they have now contacted Solicitors so is being sorted out.

They need to send proof of when they took over occupation of the flat to the utility company and the debt collection agency. Probably best to get the information direct from the landlord or management company.

I think it’s a tricky one. It’s illegal to open mail addressed to someone else, yet until you do so you might remain unaware that a problem is looming which involves you. Time passes, as it has in this case, and the problem becomes serious but, as others have said, it can be resolved by communicating and producing ID.

Presumably the current owners have been paying their own utility bills and can produce evidence of doing so, if required.

The problem with contacting utility companies and debt collectors is that when you try to explain they dont believe you. They think you are the tenant trying it on. The best way is to have official proof of who you are and proof that you've bought the property or are renting it close at hand. that way if anyone calls you will have the proof you need to show them. Also i could be wrong but i dont think debt collectors can break in to a property.

We bought a house over 20 years ago, and the man we bought from had moved abroad and left all his debts unpaid! Annoyingly he’d also left a Radio Rentals (remember them?) TV in the lounge. I rang RR and asked them to remove it and they said they would ‘collect it in a week or so’ but not to worry as they would close the account. This went back and forth as I explained it wasn’t my account /debt, and I needed it gone. I ended up saying I had no room for it so would leave it in the front garden for them to collect. The manage arrived in his car half an hour later to collect it!

The other debts were more difficult. I did start off sending them back but eventually had to resort to opening letters and ringing the companies. Usually to be told I’d broken the law by opening someone else’s post! But it eventually got sorted. One debt collector did come to the door. He asked for Mr B… I said he didn’t live there and he gave the most dramatic pretend double take and said “isn’t this…(address)” I said yes and explained the situation but it did make me giggle, apart from the stress of having him turn up.

Debt collectors have very limited powers and are NOT allowed to break into your home. They may infer that they have that right in their written material but they dont.

Only a court appointed bailiff can force entry and only in certain circumstances. If they break int hour home for a debt you do not owe you can sue them for the damage caused and the distress you suffered.

www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/stopping-bailiffs-if-you-dont-owe-the-debt/

Farnorth, with due respect, they do sound a rather away with the fairies couple. To have had something like this going on for two years, yet all they have ever done is send mail back to the company, is taking the description 'supine'to its far limits

I always use a mobile to take a photo when reading meters. It gives a timestamp so is proof if disputed. I have been through this and they need to speak to the debt team at the utility company. Open a letter and call them. Also call the debt collectors urgently. If you do it now and properly you won't need the expense of a solicitor.

Inform both utility company and debt collection agency the date the property was purchased, the name and address of previous owners
and or their solicitors, solicitors, and the meter reading taken on date of completion and the date new owner signed up with current supplier. I assume they did sign up to a supplier and didn't just move in and put the lights on etc.

I would advise anyone in this predicament to phone the utility company concerned and ask to speak of to the head of the book-keeping dept. It is no use speaking to whoever the phone called is just passed through to. You need to explain that you are not the debtor concerned and give all details about when you moved in, who the previous owner of your flat was and their solicitor's name and address.

If this does not solve the problem, you need your solicitor to write to the company involved.

If your own payments are up to date, or if you are using a different utility company, the company who are owed money cannot just disconnect you.

Once the matter is sorted out, and if the new owner is using the former owner's company, I would move to another utility company.

There is precious little a debt collector can do, as you can prove the debt was incurred by someone else, before you bought the property. However, they can be annoying to get rid of, so try the other route first.

Yes, I have told them this.
They have just told me, it has been going on for two years. I have told them NOT just to return the bills.

So clearly what they've been doing isn't working.
They need to take the actions advised here.

A debt collection agency will need to get a court order before they are allowed to break in. A solicitors letter threatening court action for harassment and distress should be sent asap.

Ringing the utility companies and the debt collectors is a start, but they really need to send an email. This gives written proof that they’ve contacted the relevant people and organisations with dates.

You say that they are contacting a solicitor, that will be very useful if they actually do!

I moved into a rented flat many years ago and bailiffs came round re utility bills for the previous tenant. More bailiffs came round for other debts including clothes catalogues etc. All cleared up but it was worrying for a while.

Hope all goes well for yiur feiebds. 🌷🌷🌷

GSM we posted within seconds of each other.

Sorry again . It should say than a solicitor wrote a letter for me

This happened to us with our first flat. We had Scottish Gas threatening to break into our flat. It was so stressful.
As has been said, returning bills achieves nothing.

Crossed post Franbern. Sorry.

I had this problem when I moved.

The trouble is nobody listens! Or the message just doesn’t get passed along.

In the end I had to put all the paperwork together- change of utility companies when I moved in, meter readings, sale completion, made copies and then wrote a letter for me saying they had the proof necessary and any further action would be considered harassment.

And then I had to check my credit score and get that put right.

I suggest they add that any breaking in will result in court action.

But GSM can advise you better on that sort of thing. Does a dent company have the right to break in? I can see a utility company might.