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Original poster

Do I own a letter sent to me?

47 replies

kazra1 · 12/09/2012 08:12

I have received a letter addressed to me but the contents were not intended for me. Do I have the right to retain this letter or legally do I have to return it?

From what I understand the copyright of the letter remains the 'property' of the writer but the actual copy remains my property (under normal circumstances).

I have made sure that the people who sent the letter have been informed however out of the blue there are threats of legal action to return it to them and I wanted to know where I stood. These people even sent someone to the house at 9pm of an evening with a copy of their request.

The inclination is to just post it and be done with it but the way in which this was handled is in my view disgraceful and I may wish to take legal action about this and related matters and may wish to retain this as evidence.

Thanks in advance

OP posts:
2cats2many · 12/09/2012 08:18

Sorry. I have to ask. What's in the letter?

MadameCastafiore · 12/09/2012 08:24

If its not for you and is obviously a mistake why not just give it back. Am sure person it actually intended for would have case for legal action but cannot see why you would.

Collaborate · 12/09/2012 08:49

If it was sent to you in error you do not own it and will have to give it back. If you want to be awkward you can tell them to call and collect it, but why would you want to be awkward?

Original poster
kazra1 · 12/09/2012 11:04

I do not want to be awkward however the nature of the contents mean that if this letter was sent in error then it is highly likely that information intended for me was sent to someone else and I want this issue addressed.

To put this into perspective in relation to the people requesting it, on the 7th September there was a request to return the letter via email and on the 11th we had someone knocking on the door requesting the documents return and they also left a letter from their legal team making threats.

I am the one who discovered this error and reported it, I did not make the mistake and have been helpful all along so why am I the one being threatened.

I have NEVER refused to return the original and in fact fully intended to return it this week however the heavy handedness of their approach makes me wonder why they are so keen and if they are trying to cover it up.

I have made a formal complaint under the data protection act and want to be satisfied that they are informing the person whos data has been infringed and also fully investigate what happened with my data.

to Collaborate, do you have links to any particular legal ruling on this? I have spoken with the Informations Commisioner and they could not tell me who legally owned it so would be interested to learn.

OP posts:
Collaborate · 12/09/2012 13:16

It is a basic principle of property law ownership of something handed over in error remains with the sender.

I am a solicitor of 20 years call. There are hundreds of laws like this that I could waste quarter of an hour trying to find the obscure case or statutory provision that backs me up, but I'm on my lunch half-hour so sorry.

EldritchCleavage · 12/09/2012 13:19

If the content is confidential the senders can get a court order for you to 'deliver up' the letter to them.

I would email today and explain you undertake not to disclose the contents to anyone and will return it but want your confidentiality concerns addressed pronto. I do think if you don't assure them you're not going to make any use of their information you won't do well in court, if it comes to that.

Kendodd · 12/09/2012 13:25

Is it somebody else's bank statement?

I was sent one once, I just phoned the bank up and returned the letter to them. They assured me that they would inform the person it was intended for what had happened but I bet they didn't. I offered to post it on (with a letter) to the person it was meant for but they were very keen for me not to do that. I wish I had though.

Original poster
kazra1 · 12/09/2012 14:16

Thanks to everyone

for Collaborate - you in no way enhance your industry and I struggle to see why you bothered to login to the site if your too busy to be constructive in any way.

Forgive me if I fail to give credit for your claims which remain unsubstantiated.

OP posts:
JaquelineHyde · 12/09/2012 14:23

Kazra1 That was a particularly shitty comment to make towards someone who has offered you advise on their lunchbreak. You should be ashamed of yourself.

Why don't you search for it yourself.

JaquelineHyde · 12/09/2012 14:24

Also if that has been your attitude with the company in question then I'm not suprised they have threatened you with legal action!

MOSagain · 12/09/2012 14:25

Kazra, why come on here asking for advice if you then choose to ignore that advice?
I can veryify that collaborate is a lawyer with over 20 years experience and I am also a lawyer. In addition, prior qualifying as a lawyer, I was a police officer for several years. I agree with collaborate that you do not own the letter and do not understand why you are being so deliberately obstructive and difficult? I would also refer you to s1 of the Theft Act 1968.

MoaningMingeWhingesAgain · 12/09/2012 14:27

Collaborate gives lots of useful info on here, to members who need some help. Under no obligation to do so though.

You, OP, are rude.

I have some suggestions of where you should put the letter, but I don't need to spell it out.

cat · 12/09/2012 14:27

Jeez. Are you always so rude and aggresive?

Just send it back you weirdo

TunipTheVegemal · 12/09/2012 14:27

I am finding this thread bizarre.

I don't understand why you wouldn't just return the letter, and I don't understand why OP was so rude to Collaborate.

blackpoollights · 12/09/2012 14:33

This reply has been deleted

Message withdrawn at poster's request.

EldritchCleavage · 12/09/2012 14:41

OP, the information in the letter mistakenly sent to you isn't yours to use ('use' includes showing it to anyone else, except a legal adviser). Unless you acknowledge that to the sender, and quickly, reassuring them you aren't going to make use of the information, they will take legal action against you to stop you using it. They have to, to protect the interests of the person to whom the information belongs.

They can go to court for an emergency order without telling you beforehand. Then there would be another hearing with you present so you could put your side, or you'd have to agree a settlement with them, which would mean agreeing to hand over the letter and not discuss the contents. All of that will costs a fortune, and because you haven't acted reasonably so far (sorry, but I don't think you have) you could get saddled with all the costs.

So please start engaging sensibly with the senders/their lawyers, for your own sake. Concern about your own confidentiality is not a valid reason for refusing to engage with this letter issue. The court will take that view I'm sure.

Collaborate · 12/09/2012 16:40

OP: I have spent time looking up statutes, court procedure and case law for people on this site, and hope I have been helpful.

I am more likely to put in my own time to assist someone if they have a genuine need for advice. Read in to that what you will.

There are plenty of fundamental rules of court and laws that I simply know are out there, know what they say, but can't quote chapter and verse on the source without putting my head in a very large book for a while.

izzyizin · 12/09/2012 21:15

Are you saying that, on opening an envelope addressed to you, the contents consisted of a letter addressed to another person?

Or are you saying that the letter contained in an envelope addressed to you was also addressed to you but referred to matters pertaining to another person?

perfectstorm · 12/09/2012 21:52

OP, Collaborate generously gave you legal advice for nothing. You then wanted her to perform additional unpaid paralegal work for you, so you could feel satisfied that this free advice was reliable. If you want that kind of work done for you, may I suggest that you pay a solicitor a visit, and have your debit card at the ready?

And incidentally, I'm amused that you think you can "take legal action" over a letter sent to you in error, when you personally have suffered precisely zero harm or loss from that mistake. What would you sue for? It isn't your data that's been shared. All you have is a letter meant for someone else. Just send it back - problem solved, and you can move on to whatever grudge-match you have in other areas against this organisation.

poorbuthappy · 12/09/2012 21:58

Perhaps the letter is dealing with an ongoing issue in which the OP has a part in, hence the general woe is me of it all?

perfectstorm · 12/09/2012 22:09

Doesn't explain the atrocious attitude to Collaborate, does it?

Free legal advice, and venom when it isn't followed by free legal research. Talk about no good deed going unpunished.

Collaborate · 12/09/2012 23:09

I have a thick skin.

(and less of the she!)

Rustyspringfield · 13/09/2012 06:56

OP, I bet people just luuuuuuve doing favours for you. Just send it back to the sender and get over it!

Collaborate a Thanks for you! Smile

MOSagain · 13/09/2012 08:13

Personally, I think collaborate might prefer a Wine as opposed to the Thanks.
I think it is time we asked MNHQ for a [beer] as in my opinion it potentially borders on discrimination to assume that all MNers drink wine when many may prefer a pint Wink

Original poster
kazra1 · 13/09/2012 09:22

The fact that you do not think collaborates response was rude I will put down to the fact that you have had previous dealings with them but to me it came accross as f...off. and if they did not want to provide the information then why even comment. I have not asked them to do free research for me just if by chance they had some reference to it.

For those that asked, yes there is an ongoing issue with these people over my data protection. This was raised with them in July and they chose to ignore my concerns, when I uncover evidence of the same they are all over me like a rash but still refuse to investigate the other issue (which is related).

All they had to do was ask for the letter and they would have got it without question but it seems that society is happy that people can send 'heavies' round the door at nightime demanding things without warning. Their urgency in this matter is what raised my original question as I wanted to see if I had time to see a solicitor before handing it back.

I have re-read the comments of collaborate and would like to thank them for this 'If it was sent to you in error you do not own it and will have to give it back' and this 'It is a basic principle of property law ownership of something handed over in error remains with the sender.' the remainder was not very constructive and in places insulting.

I am sure you have helped a lot of people, this is obvious by the very biased comments you have recieved and it seems this forum along with other forum has a pack mentality.

The matter is now in the hands of the information commissioner and I do not require any further advice on the matter and for those who wish to continue to s..g me off then feel free, society and the system does it everyday.

OP posts: