received court letter for ex-partner

[DTSFA]

Re: received court letter for ex-partner

Hi Di

that good point about CRA, thanks

think on this occasion I will be taking Nems. advice, thanks anyway

with regard to the opening post detail :

http://www.legislation.gov.uk/ukpga/...division/4/5/2

128. Subsection (3) makes it an offence for a person, intending to act to a person’s detriment and without reasonable excuse, to open a postal packet which he knows or suspects has been incorrectly delivered to him

there is no 'personal detriment' here, and believe 'reasonable excuse' applies, as I am being harassed

there is no 'intent' in terms of law

I personally do feel harassed by this mail. I cannot stand getting spam mail, let alone anything else.

thanks again

[nemesis45]

Re: received court letter for ex-partner

In that case, can I disagree a little bit?



84Interfering with the mail: general.

(1)

A person commits an offence if, without reasonable excuse, he—

(a)

intentionally delays or opens a postal packet in the course of its transmission by post, or

(b)

intentionally opens a mail-bag.

Certainly a reasonable excuse when being bombarded with debt collection letter, the possibility of tracing agents, or a county court bailiff serving documents.

Unpleasant to say the least for the recipient.
nem

[Diana M]

Re: received court letter for ex-partner

In that case, can I disagree a little bit?

Of course

By way of experiment, would the OP still be the victim of harassment by Arrow if they didn't open the letters addressed to a third party so had absolutely no idea what they said?

If it's the content (debt related stuff) which is causing the distress then there's an argument for not opening them.

I can only assume that the OP cannot be made to pay his ex's debt so personally I would downgrade 'harassment' to 'annoyance' status since they say that they don't like receiving junk mail.

However I do take the point about bailiffs at the door so if this claim results in a CCJ for the ex (which they'll know if they open the letter) then maybe something needs to be done.

This is a Sunday discussion not anything personal I hasten to add.

Di

[Diana M]

Re: received court letter for ex-partner

have been returning these letters to Arrow (debt collector referred to on court paperwork) for over a year stating 'person not known at this address' etc. Sometimes enclosing their letter, and putting in writing 'this person does not reside at this address, I do not have a forwarding address'

Something else has occurred to me. Do you and your ex jointly own the property because if this claim results in a CCJ over £1k then the creditor can apply for a charging order on the property.

If this were to be a potential issue, then opening the court letter may be a "reasonable excuse" to interfere with the mail *

* spot my u-turn

Di

[charitynjw]

Re: received court letter for ex-partner

Of course

By way of experiment, would the OP still be the victim of harassment by Arrow if they didn't open the letters addressed to a third party so had absolutely no idea what they said?

If it's the content (debt related stuff) which is causing the distress then there's an argument for not opening them.

I can only assume that the OP cannot be made to pay his ex's debt so personally I would downgrade 'harassment' to 'annoyance' status since they say that they don't like receiving junk mail.

However I do take the point about bailiffs at the door so if this claim results in a CCJ for the ex (which they'll know if they open the letter) then maybe something needs to be done.

This is a Sunday discussion not anything personal I hasten to add.

Di

I find it intriguing that these letters have been sent from CCBC for over over a year.
Normally it would be the Claim Pack, then if no response, the default judgement.
I wouldn't have thought that the court would involve themselves in either tracing activities or prolonged correspondence.
Mind you, the original post is a bit ambidextrous so it might be 1 letter from court whereas others are from Arrow.

[DTSFA]

Re: received court letter for ex-partner

he original post is a bit ambidextrous so it might be 1 letter from court whereas others are from Arrow

this is correct, 1x summons letter from bulk centre court in Northampton,

Arrow Global DCA are the ones who have been sending loads of mail,

As DI & Nem. have put

if this claim results in a CCJ for the ex (which they'll know if they open the letter) then maybe something needs to be done

this is where I am at, and letters to Arrow's compliance manager will go out tomorrow, along with complaint to FCA about Arrow

[JulieM]

Re: received court letter for ex-partner

It does strike me as slightly odd that after 18 years this debt has come home to roost.

Have you checked your credit file to see if there is still a link for him on this address.

I was was always under the impression it was quite hard to vanish from the radar of organisations unless you made a real effort.

[DTSFA]

Re: received court letter for ex-partner

It does strike me as slightly odd that after 18 years this debt has come home to roost

think there is some kind of 6 year limit on chasing debt, think it starts from last payment made, not sure

checking credit report is good idea

[charitynjw]

Re: received court letter for ex-partner

It does strike me as slightly odd that after 18 years this debt has come home to roost.

Have you checked your credit file to see if there is still a link for him on this address.

I was was always under the impression it was quite hard to vanish from the radar of organisations unless you made a real effort.

think there is some kind of 6 year limit on chasing debt, think it starts from last payment made, not sure

checking credit report is good idea

We have seen situations on various threads where a Claimant has secured a default CCJ on a previous address, But when it comes to enforcing the judgement, they 'miraculously' discover the Defendant's current (new) address,
Curious, that!

[DTSFA]

Re: received court letter for ex-partner

just a quick update, I took Nems. advice, sent letter to court with evidence of previous letters I had sent to Arrow, and cc the solicitor, saying I had on many occasions informed them of the ex no longer residing at my address,

then yesterday around 4-30pm, just as I came out of bathroom, I spotted through bedroom window, a courier with his safety vest on, walking back up the steps with a letter in his hand. ( I did not hear any door bell, as I was in bathroom)

I am assuming the courier trying to get a 'signed for delivery' .

I can only assume this has come from the solicitor operating for Arrow trying to get proof of ex still residing at my address?

yes, it could have been something else entirely, but, I have not ordered any parcels, and it was definitely a letter.

any thoughts welcome,

thanks for all help