I've opened someone else's mail and it's serious....

[Pepperwand]

Just after a bit of advice. A letter came through the door today, right address but the name wasn't us our the previous owners of the house. It was however, sort of similar to my maiden name but a male. So for example if my name was Michelle Henderson this was for Malcolm Hutchinson (just a made up example).

I occasionally enter an alias name if I'm signing myself up to something to avoid junk mail so thought it could be something I'd called myself to a random company in the past and opened the letter.

It is a serious letter detailing a fine in relation to "Sex offenders register failure to comply with notification requirements". It mentions bailiffs/enforcement if this isn't paid.

Obviously this is really bad and now I have the name of the person. I don't want to get in shit for opening such a letter but I don't want bailiffs turning up at my door thinking he lives here!

Do I call them and fess up? Do I put it back in the post marked as wrong address? Help!

I have to agree I find it really unlikely to be a scam

you know you shouldn't have opened it and once you knew it wasn't for you shouldn't have continued reading it

I had cause to check the law/sanction on this, and it's only wrong/illegal if you open someone else's mail with malicious intent.

I've lived at my current address for 6 years, and I still get final bill demands for a DC of the previous owner. I got letter after letter 5 years after they moved, and did the "Return to Sender" thing.

But when I saw an envelope marked "FINAL DEMAND" I opened it and saw a bailiff's demand for an unpaid fine. I had to go around the houses to all sorts of authorities to ensure that this person's name and debt were NOT connected to my address.

I think you're absolutely justified to do what you need to do to protect your address and ensure you sever any nefarious connections to it. That's not malicious - you're simply correcting a long-standing error which could potemtially damage you & your peace/quiet enjoyment of your property.

It doesn't sound like a scam if the phone number is correct - and this is absolutely the sort of thing that the magistrates courts deal with. Could be that this person is lying about his address, could be a simple clerical error, but please keep calling until you can get through and let them know what's happened.

@Passthecherrycoke and others - what I am curious about in that clause of the Postal Services Act is what "incorrectly delivered" means. If it's come through the door of the address on the envelope isn't it correctly delivered and therefore not going to be an offence whatever your intent in open it? I've started a whole new thread on this if anyone legal cares to comment. www.mumsnet.com/Talk/legal_matters/3725304-Its-legal-to-open-someone-elses-post-but-what-does-incorrectly-delivered-mean

Are you sure this is genuine? Sounds like a scam to get cash. Don't phone them, write saying they have breached data protection of whoever is named and you'll report to Data Commissioner. You won't hear again.

@pepperwand There is quite a lot online about what to do if you 'inherit' someone's debts at your address.

Have you thought of googling the name of the person in the letter to see if anything comes up?

Is the magistrates court near you? Assume it is if the SO 'lived' at your address. Can you verify for your own peace of mind that the MC is at that address from google street maps?

I'd do all of that before making contact.

I’m not entirely sure I understand :

3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him

Seems fairly straight forward- opening post to cause detriment to another that has been incorrectly delivered

I guess an example is opening a credit card delivered incorrectly to your address and using it to purchase something

Sorry if I’ve misunderstood your question

I occasionally enter an alias name if I'm signing myself up to something to avoid junk mail

Eh?

An alias name is not going to stop junk mail, it will still be your true address but with a fictitious name.

Whether she broke the law by opening the letter is neither here nor there now.

It's what steps to take next.

If the post that arrives has an 'undelivered, please return to' on the envelope, that's what you do- cross out your name and put 'return to sender'.

If it doesn't and the previous occupants have not bothered to set up a mail forwarding process, it's reasonable to open the letter and see what's inside. The return to sender.

True, PunkHair, but I guess you know if you get any letters addressed to say Augustus Picklehead, you can just put them straight in the bin without opening them. (If your name actually is Augustus Picklehead, then this obviously doesn't apply ).

It’s very likely a scam. Google company and the telephone number.

Inform police as if it is real there is a risk this person is using your address and maybe details.

It could be that the person had been to Court for breaching the requirements and had been fined but not paid the fine . You could phone your local court to advise you had got the letter . I work roughly in this type of field and I know quite often letters from our department go to the wrong address (our client group moves a lot ) and if someone was to phone us and say they had opened it no one would bat an eyelid about the person opening it more worry about where that person now was .

It’s very likely a scam. Google company and the telephone number

How would it be a scam, it's from the magistrates court showing their correct phone number. It's a valid letter to receive, it's clearly somehow just got the wrong address

If you google the info in the OP it explains it

www.sentencingcouncil.org.uk/offences/magistrates-court/item/fail-to-comply-with-notification-requirements/

You need to ring the local Police and ask to speak to someone from the sex offenders team. If someone is not complying with conditions they will need to know. If you have opened the letter in good faith you will not be in trouble. It’s important you report it as the person may be posing a risk to people and the Police need to know that he’s not where he should be.

My DH is an enforcement agent, as are other members of my family. They collect on debts from mag court fines including sex offences.

Phone the company, explain you don't live there, they'll probably want to see a copy of your council tax certificate (emailed) and that will be that.

Or, wait till they turn up, show them your council tax certificate and that will be that.

It's really not a big deal.

Phone the company, explain you don't live there

OP does live there.

If he is in breach of conditions then he would be arrested?

Sounds like a scam?

Google the firm to see if they are Court appointed bailiffs.

Sounds like a scam. Just return to sender saying ‘opened in error, not known at this address’.

It’s not you they want so don’t worry about it.

I had similar happen to me but with someone’s unpaid electricity bill. Threatened bailiffs, etc. I just threw it away figuring it’s their mistake and they’d soon find out. Nothing happened.

Just ring the number and say you opened it without checking the name as you were in a rush.

And whoever sent the letter to the wrong address is in breach of the Data Protection Act/General Data Protection Regulations.

If the intended recipient themselves gave a false address I'm sure there's no GDPR breach in mail being sent to that false address.

I agree with the course of action of trying to contact the court in question, by contact details obtained independently of the letter. If it's a scam, they can confirm it, and if it's genuine then I hope the police will take action regarding a sex offender who has given a false address and absconded.

I'd check the number of the magistrate's court online and confirm that it matches the number given on the letter, then call and explain. They won't give a shit about you opening the letter, people do it in error all the time.

A tenant once opened mail addressed to me and spent the loyalty vouchers inside which were in my name. The supermarket could even trace where and when they were spent and knew it was done using a self service till which doesn’t check the voucher name. The police did absolutely nothing when I reported it to them so I think you will be fine OP.

I would continue to try calling or send an email to explain. Just marking something as not know at this address probably won’t stop future letters. People who know such letters are coming could well return as unknown at this address to buy themselves more time/give people the runaround/bury their heads in the sand.

Just re-close it, using sellotape if necessary, and write on it,
Return To Sender, not at this address. Opened in error. Then, stick it in the letter box, and forget about it. Especially if the name is similar to yours. It's actually their responsibility to check whether the person they are writing to is still at the address, not yours. Don't ring the number on the enclosed letter, that's getting involved.You haven't done anything wrong yet, but you will have, if you don't return it as not at this address, or, addressee unknown. Make sure you write on it, opened in error. Hope this helps xx

Despite pp Magistrates courts do deal with offences where, if convicted, the defendant may be subject to sexual offender register requirements.
Breach of conditions can attract a fine, non payment of which can involve bailiffs instructed by the court.
So it need not be a scam. However a bailiff letter is not going to be the first thing posted about this scenario. Very odd op hasn’t previously opened other correspondence from the court.
My feeling is this is a mistaken address, previous correspondance having gone to the right address and fine remaining unpaid.

Just as you would do with any other letter that is posted to your address by mistake. Reseal envelope, mark it return to sender not known at this address and pop it in the nearest post box.

No need to be calling anyone.

It's not your problem.

Ignore.

Why would you get involved with something that is non of your business?