# Solicitors Letter Posted To Wrong Address



## Peter54 (4 Oct 2010)

Maybe I'm over reacting, but I thought I would run this situation by you guys with the legal expertise.

By mistake, I opened a letter that was posted to my home, but was not addressed to me, instead it was addressed to a person I had a business with sometime back.  I have not seen my ex business partner in a long time and do not have their forwarding details bar a mobile phone number.

The letter in question was from a solicitors practice on behalf of a bank looking to collect a large sum of money that this person had borrowed.

I rang the person in question, who is now mortified that I know their personal information and that this letter had been posted to my address. 

Having discussed the situation, I have since learned that the person has no fixed abode and has tried to service the debt via debt management services.

To get to the point I am slightly annoyed that this solicitors practice would send this information to my address and threaten that they will seek judgment within seven days.


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## mf1 (4 Oct 2010)

Was there a return address on the letter? 

You made a mistake opening the letter. You read it. You now know what is in it. You've told the person it was intended for. They now know that matters are getting serious. 

"To get to the point I am slightly annoyed that this solicitors practice would send this information to my address and threaten that they will seek judgment within seven days. "

Why does this matter to you? 


mf


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## Peter54 (4 Oct 2010)

Thanks for responding Mf1.  

I've since rang the practice, telling them the situation, yet they got snooty with me!

They would not answer my question, when I asked them why they had presumed this person was living at my address.

I understand I opened the letter in error but surely serious letters of that nature cannot be willy-nilly sent to anyone they presume the person they are suing has connections too or in my case *had* connections with.


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## mf1 (4 Oct 2010)

They did not randomly pick your address out of nowhere! They have achieved a result because you've told the addressee about the letter. 

If further letters arrive, you should return them marked "not known at this address". 

mf


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## BazFitz (4 Oct 2010)

In your situation, I'd have opened the letter, read it and then destroyed it without contacting anyone.


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## Time (4 Oct 2010)

I would tend to agree with you BazFitz.


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## mercman (4 Oct 2010)

Peter54 said:


> Having discussed the situation, I have since learned that the person has no fixed abode and has tried to service the debt via debt management services.



Did you consider that the person concerned, your ex business partner, had given your address in the first instance. I find it strange that a Bank would lend a large amount of money to any person with no fixed abode.


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## mf1 (4 Oct 2010)

BazFitz said:


> In your situation, I'd have opened the letter, read it and then destroyed it without contacting anyone.



There is a dreadful certainty about sooner or later...........

There is patently money owed, they will find the debtor, there will be a judgment. As a practising solicitor, I have always avoided the idea of putting off the inevitable. It will happen. Face up to it. It will happen and ducking, dodging and avoiding only puts off the fateful day. 

Harsh but true.

mf


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## canicemcavoy (4 Oct 2010)

> I find it strange that a Bank would lend a large amount of money to any person with no fixed abode.


 
Considering what we know about Irish banks, I'm not the least bit surprised.


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## BazFitz (4 Oct 2010)

mf1 said:


> There is a dreadful certainty about sooner or later...........
> 
> There is patently money owed, they will find the debtor, there will be a judgment. As a practising solicitor, I have always avoided the idea of putting off the inevitable. It will happen. Face up to it. It will happen and ducking, dodging and avoiding only puts off the fateful day.
> 
> ...


 
What has my post that you quoted got to do with your post?  The OP doesn't owe any money - They've been sent the correspondence in error.


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## mf1 (4 Oct 2010)

Its not about the OP. Its about the debtor. OP has nothing to fear. Nothing will happen to them.

mf


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## Time (4 Oct 2010)

He should make sure to return all letters marked "Not known at this address". Also all registered post for this person should be refused.


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## csirl (5 Oct 2010)

I can understand where the poster is coming from. I'd be annoyed, and have been annoyed, when someone has sent important post to my address that is not for me (I've had a couple of instances of receiving legal correspondence relating to a former occupant of my address who I never knew, who I believe is deceased several years ago and who moved out a least 10 years ago). My impression is that a lot of solicitors are either very lazy about finding out the correct details or are being underhand - maybe hoping that a naive current occupant may take responsibility for the issue/debt etc.

In the OPs case, I am guessing that the recipient never lived or worked at the OPs address. As such, it is entirely inappropriate that post should be sent to his address. I also believe that the reputation of the current occupant of an address can be damaged if the address is listed on legal paperwork (some of which is lodged in court and so is public record) or neighbours continually witness debt collectors calling. In my opinion, the book should be thrown at any solicitor who does this.


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## Peter54 (5 Oct 2010)

Bazfitz, I was in two minds about destroying the letter but panicked because of the serious content and the threat of seeking judgment within 7 days.  They seemed convinced that this person was at my address.

Mercman, they had a fixed abode when the loan was taken out but apparently had to sell the family home at a loss due to mounting debts and no employment.  At present they do not have a fixed abode and apparently are moving from one friends home to another.  They informed the debt management company they had moved from their home, and to continue to service the debt at a rate they could afford.  All their debtors had agreed to this bar this particular bank who are trying to seek judgment on them.   

Time, I have returned the letter and refused a registered envelope this morning.  I contacted the solicitors practice and was albeit asked why I was so hot and botherd by the situation if I had nothing to hide.


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## Peter54 (5 Oct 2010)

csirl said:


> I can understand where the poster is coming from. I'd be annoyed, and have been annoyed, when someone has sent important post to my address that is not for me (I've had a couple of instances of receiving legal correspondence relating to a former occupant of my address who I never knew, who I believe is deceased several years ago and who moved out a least 10 years ago). My impression is that a lot of solicitors are either very lazy about finding out the correct details or are being underhand - maybe hoping that a naive current occupant may take responsibility for the issue/debt etc.
> 
> In the OPs case, I am guessing that the recipient never lived or worked at the OPs address. As such, it is entirely inappropriate that post should be sent to his address. I also believe that the reputation of the current occupant of an address can be damaged if the address is listed on legal paperwork (some of which is lodged in court and so is public record) or neighbours continually witness debt collectors calling. In my opinion, the book should be thrown at any solicitor who does this.



Hi Csirl, thank you for your post.  You have exactly highlighted the points that I am trying to put forward.  

No the recipient of the letter never carried out business or lived at my address.


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## mf1 (5 Oct 2010)

csirl said:


> I can understand where the poster is coming from. I'd be annoyed, and have been annoyed, when someone has sent important post to my address that is not for me (I've had a couple of instances of receiving legal correspondence relating to a former occupant of my address who I never knew, who I believe is deceased several years ago and who moved out a least 10 years ago). My impression is that a lot of solicitors are either very lazy about finding out the correct details or are being underhand - maybe hoping that a naive current occupant may take responsibility for the issue/debt etc.
> 
> In the OPs case, I am guessing that the recipient never lived or worked at the OPs address. As such, it is entirely inappropriate that post should be sent to his address. I also believe that the reputation of the current occupant of an address can be damaged if the address is listed on legal paperwork (some of which is lodged in court and so is public record) or neighbours continually witness debt collectors calling. In my opinion, the book should be thrown at any solicitor who does this.



Let me take issue with you on what you say. 

It is not the solicitor who provides the address of a debtor but the creditor. The solicitor is acting on the instructions of their client. The creditor is trying to find the debtor  - what does that say? It says that the debtor is not disclosing a postal address where legal papers can be served. 

I have received post at my home address for previous occupants. It does not upset me - rather, I regard it as part of the ebbs and flows  of life and of how, if someone is trying to find someone or serve someone, that it makes sense to try all addresses they may have had. I have opened post and contacted the people involved to advise them that the previous occupant is long gone. That has ended the correspondence. 

I think it is safe to assume that the OP's friend gave the OP's address to the debtor. There is no other explanation. 

Please don't throw the book at anyone other than the debtors, who are owed money and who are trying to get paid, and the creditors who seek to involve others in their troubles by providing their friends' addresses to debtors. 

mf


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## niceoneted (5 Oct 2010)

OP was your address ever used as part of the business you had with the person the letter is addressed to. Perhaps that is why it was used. Who is to say that they did not have a number of addresses for the person it was intended for and sent letters to all of them. 

I think if you had not opened it - I know it was in error- and not know the content of it that you would not be so bothered about it. 

Just keep returning any further post and refuse registered letters as you have. Let it slide after that. It's not you they are after.


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## Time (5 Oct 2010)

The next step will be whoever it is that is chasing will get an order for personal service from a judge. Just tell whoever they send that said person does not live there and that should end it.


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## Papercut (5 Oct 2010)

It _might_ be worthwhile contacting the Data Protection Commissioner's office to see if you have any rights as regards the bank or the solicitor sending documentation intended for third parties to your address.

They _migh_t be able to advise you on what you can do to ensure that both the bank & solicitors amend their records & stop doing this.

That's what I'd do anyway.

*The Office of the Data Protection Commissioner 
Canal House 
Station Road 
Portarlington 
Co. Laois 

LoCall: 1890 252 231 
Tel: 057 868 4800 
Fax: 057 868 4757 
Email: **info@dataprotection.ie* 
*Website: **www.dataprotection.ie*​


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## Peter54 (5 Oct 2010)

Mf1, as far as I have been led to believe the debtor never once mentioned me or my address when applying for the loan or to the debt management company they are currently dealing with.  I am presuming it was got from the companies registration office, as I had once been a co director with this person; that is my only explanation of how my address may have cropped up as a possible abode for this person.   



niceoneted said:


> OP was your address ever used as part of the business you had with the person the letter is addressed to.



No my address was never used at any time.

Papercut, thank you.  I will contact them today.  I've just had somebody at my home taking down the registration number of a vehicle parked in my drive and generally snooping around, so I will be sure to contact them today to see were I stand.

Thanks again.


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## BazFitz (5 Oct 2010)

Peter54 said:


> I contacted the solicitors practice and was albeit asked why I was so hot and botherd by the situation if I had nothing to hide.


 
This is appalling behaviour on the part of the solicitor.  He or she has no right to make such insinuations. My response would be to ask that solicitor why they hadn't studied harder in order to avoid being a "yellow pack solicitor" chasing people for mickey mouse debts.


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## csirl (5 Oct 2010)

BazFitz said:


> This is appalling behaviour on the part of the solicitor. He or she has no right to make such insinuations.


 
+1

The solicitors should be polite and apologetic - its their/their clients fault, not the householders.


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## Wishes (5 Oct 2010)

It might be wise to find out what address the debt management company are using.  

I find it peculiar that a bank would issue their solicitors with a wrong address instead of using the address of the debt management company they would have been corresponding with.


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## Peter54 (10 Oct 2010)

I've returned all letters as mentioned and refused to sign for registered post.  I've also returned letters from the debtors accountant, stating clearly that they do not live at this address.

Thanks for all the advise.


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## ajapale (10 Oct 2010)

I think well leave it at that.


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