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janine1271
21-02-2007, 16:28 PM
http://www.landlordzone.co.uk/forums/search.php?searchid=144982

In the latest twist to my terrible tale (link to threads is above for anyone interested) I've just learned that the evil tenant must have been opening my post!

I emailed her today and copied in her human resources department, explaining that if she did not comply with the judge's ruling (that she must pay all rent & costs, and leave the flat within 7 days) then I would have no choice but to seek an attachment of earnings, hence why I was copying the mail to human resources (this was in an effort to nip in the bud any thoughts of messing me around that she seemed to be having - see my other threads).

Amazingly, she has responded by writing to MY human resources dept, making up all sorts of nonsense and referring to my mortgage payments on the property, which she could only have knowledge of if she has read my post.

What can I do? I believe it is illegal to open someone else's mail and in light of all the trouble she's put me through so far, am determined she won't get away with this latest trick. Who can I report her to?

Thanks.

janine1271
21-02-2007, 16:29 PM
Oh, by the way, my manager has immediately written it off as a private matter and will not get involved. I'm not sure what she hoped to gain by writing to my employer!

jeffrey
21-02-2007, 16:44 PM
http://www.landlordzone.co.uk/forums/search.php?searchid=144982

In the latest twist to my terrible tale (link to threads is above for anyone interested) I've just learned that the evil tenant must have been opening my post!

I emailed her today and copied in her human resources department, explaining that if she did not comply with the judge's ruling (that she must pay all rent & costs, and leave the flat within 7 days) then I would have no choice but to seek an attachment of earnings, hence why I was copying the mail to human resources (this was in an effort to nip in the bud any thoughts of messing me around that she seemed to be having - see my other threads).

Amazingly, she has responded by writing to MY human resources dept, making up all sorts of nonsense and referring to my mortgage payments on the property, which she could only have knowledge of if she has read my post.

What can I do? I believe it is illegal to open someone else's mail and in light of all the trouble she's put me through so far, am determined she won't get away with this latest trick. Who can I report her to?

Thanks.

See -if you can locate them - my previous posts re Postal Services Act 2000; they should answer your query.

Paragon
21-02-2007, 18:02 PM
It is a criminal offense to open mail with the intent of harming or damaging another person. See the regulations of the Postal Act.

Paragon
21-02-2007, 18:17 PM
There are private companies available who will interested in helping you to obtain legally the evidence you need to mount a prosecution. I believe the penalty for using the mail as a means to harm others is punishable by incarceration. Go for it!!!

Ericthelobster
21-02-2007, 18:32 PM
I emailed her today and copied in her human resources department, explaining that if she did not comply with the judge's ruling (that she must pay all rent & costs, and leave the flat within 7 days) then I would have no choice but to seek an attachment of earnings, hence why I was copying the mail to human resourcesUm... isn't it invasion of her privacy to provide her employers with details about what is at this stage a issue between you and her? It has nothing to do with her employer until an attachment of earnings has been granted, when of course it's a different matter.

Personally, I would rate such an action as being comparable in seriousness to opening someone else's mail.... speaking of which, why would you not have your mail redirected by Royal Mail as a matter or course (but especially now that it is being delivered to a tenant with whom your relationship has broken down.

Paragon
21-02-2007, 19:03 PM
Um... isn't it invasion of her privacy to provide her employers with details about what is at this stage a issue between you and her? It has nothing to do with her employer until an attachment of earnings has been granted, when of course it's a different matter.

Personally, I would rate such an action as being comparable in seriousness to opening someone else's mail.... speaking of which, why would you not have your mail redirected by Royal Mail as a matter or course (but especially now that it is being delivered to a tenant with whom your relationship has broken down.

Not even comparable.

Paragon
21-02-2007, 19:43 PM
84. Interfering 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.
(2) Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(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.
(4) Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5) A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

SOURCE: POSTAL SERVICES ACT 2000

janine1271
22-02-2007, 08:57 AM
Um... isn't it invasion of her privacy to provide her employers with details about what is at this stage a issue between you and her? It has nothing to do with her employer until an attachment of earnings has been granted, when of course it's a different matter.

Personally, I would rate such an action as being comparable in seriousness to opening someone else's mail.... speaking of which, why would you not have your mail redirected by Royal Mail as a matter or course (but especially now that it is being delivered to a tenant with whom your relationship has broken down.

You're right, it is nothing to do with her employer at present but I'd hoped that by making them aware of the situation they may speak to her about it, which may encourage her to pay up. Thus far her manner has been very smug, as if she is completely untouchable, so I'd hoped that her employer getting involved may give her pause for thought.

I did arrange a re-direction when I moved out, so can only assume some post slipped through the net.

Planner
22-02-2007, 09:46 AM
Not even comparable.

Probably at least comparable;

There are several laws which cover harassment of debtors by creditors as well as recognised guidelines which set out what is considered unreasonable behaviour by creditors.

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner".

I would be cautious before you contact her work again, or even contact her via her work e-mail. Do things in writing to her address and directly with the court.

janine1271
22-02-2007, 10:02 AM
Probably at least comparable;
I would be cautious before you contact her work again, or even contact her via her work e-mail. Do things in writing to her address and directly with the court.

The next time her employer will be contacted (I guess by the Court?) is if I go the AofE route. Surely if she never responds when I write to her at the home address (snail mail) and I have only written once to her employers for a reference (and happened to mention why I was seeking the ref) and once as detailed above in this post, it would be difficult to class this as harrassment?
How else can a creditor chase up unpaid monies?

Planner
22-02-2007, 10:07 AM
Dont get me wrong I agree with you, she owes you money you are morally right in trying to get it back, just make sure you are legally right as well. It would be a shame to come so far towards getting your money back to be felled by a moment of impatients right near the end.

Continue to contact her via mail at her home address, wether she responds or not. If you want to go down the attachment to earnings route then do it through the court to be on the safe side.

davidjohnbutton
22-02-2007, 10:37 AM
My own personal reaction to this is that if debtors will use every trick in the book to avoid contact/paying up to their landlord, then the landlord must also use every trick.

Professional debt collectors are specifically told by the OFT to avoid contacting debtors at work - however, you are not a professional DC and the "rules" don't apply to you. As to whether it constitutes harassment - that has to be a course of conduct on two separate occasions of which you have already done 1 (but then again so has your opponent).

Tenants who owe money are very quick to shout "harassment" when a landlord demands his rent - just be aware of what you can legally get away with and push it up to that limit - just don't go around putting posters up "naming and shaming" cos you are likely to get locked up for that!!!!!!

Planner
22-02-2007, 10:45 AM
My own personal reaction to this is that if debtors will use every trick in the book to avoid contact/paying up to their landlord, then the landlord must also use every trick.

Professional debt collectors are specifically told by the OFT to avoid contacting debtors at work - however, you are not a professional DC and the "rules" don't apply to you. As to whether it constitutes harassment - that has to be a course of conduct on two separate occasions of which you have already done 1 (but then again so has your opponent).

Tenants who owe money are very quick to shout "harassment" when a landlord demands his rent - just be aware of what you can legally get away with and push it up to that limit - just don't go around putting posters up "naming and shaming" cos you are likely to get locked up for that!!!!!!

The OFT rules dont.... the ACT applys to everyone....

davidjohnbutton
22-02-2007, 14:48 PM
Yes you are quite correct in that the harassment laws apply to everyone but the OFT guidelines don't and perhaps I ought have made that a little clearer.