Former tenant who owes £5k on Barclaycard

I keep getting letters from Barclaycard addressed to a tenant who used to live at the house we are renting.

We have been here for 6 months and this tenant isn't the last tenant who lived here before us, so assuming the last tenant started with a 6 month tenancy agreement, which we did, the person who owes Barclaycard hasn't been at this address for at least a year.

This tenant owes about £5k on their card and Barclaycard are threatening to get a collection agency after them.

Neither me nor DH have ever had an account with Barclays.

I have sent letters back to Barclaycard, marked No Longer at this Address.

I have phoned customer service several times, and they've told me that they've entered in their system that this person is not at that address, but I keep getting letters anyway.

I've even sent letters addressed directly to the credit manager who is handling the account.

I received a letter from the credit manager saying because of Data Protection, they can't change the address on the account unless the customer themselves informs them of an address change.

 (So if I want to avoid paying my credit card bills, I can just move and the credit card company can't come after me unless I tell them where I've moved to? How brilliant is that system?)

But the credit manager did say that I wouldn't be receiving any more correspondence at my address.

So, guess what? Received another letter today threatening to send a collection agency after this person.

How am I supposed to deal with this?

Trying to get help from Barclays is obviously useless.

I think I've got about 6 or 7 letters so far.

hiya,

We've had a similar problem where we are. we keep getting mail, phone calls (sky didn't give us a new number when we signed up, instead we have a number that was used 2 tenants ago!) we've even had baliffs show up looking for the former tenant. It's a huge pain in the neck and the worst part is that we've had out landline forwarded to hubby's mobile for his work so we are getting charged every time collections call.

I don't have any advice, but welcome everyone else's.

had the same problem, i was told to send a copy of your tenancy agreement to show you live there now

You've made more than a reasonable effort to let them know the person doesn't live there anymore; I'd say throw any future letters away and don't give it a second thought.

Why is it such a big deal if you receive someone's old post?  I don't think I understand the fundamental problem or why you are going to great lengths on this issue?

I think it's the issue of them sending someone out physically to the house. Don't they have some weird rule that if you open the door to collections people, they can legally enter and seize property for the debt? That would be quite frightening if you aren't the tenant they are even looking for!

From my very limited understanding of bailiffs, they have to send a notice in advance.  I would think that is where efforts should be concentrated to resolve the issue.

And don't open the door to strangers in the meantime.   

Bailiffs need to be in posession of a warrant before they can enter your property. Here's more about Bailiff's & debt collectors from DirectGov:

What bailiffs can and can't do
If the bailiffs come to your home, you don't have to let them in. They can't force their way in, but they can enter through an open window or an unlocked door.

Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry, but this is always a last resort.

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant - but this method is rare and only used as a last resort.

Barclay's seems to be extremely thick, in our experience.

I think it's the issue of them sending someone out physically to the house. Don't they have some weird rule that if you open the door to collections people, they can legally enter and seize property for the debt? That would be quite frightening if you aren't the tenant they are even looking for!

Not if you're not the person they're looking for.  If it came to somebody coming around, just tell them you're not <whoever it is>, show them an ID if they don't believe you.  If they don't leave promptly, then call the police.

Bin the misdirected post & stop worrying about it.  

'Door collectors' have no power whatsoever - it's stupid, costly & ineffective for creditors to send them round (but they occasionally use them to intimidate people who don't know any better).  A county court bailiff will have what is called a 'Warrant of Execution' which would only be issued by the court, after a county court judgement had already been obtained & the debtor had defaulted on paying it.  Normal credit debts are generally collected through the county courts, if left unpaid until legal action is taken.  Magistrates bailiffs are for things like unpaid council tax, traffic fines, etc.

But sweetpeach doesn't have to worry about any of this, because she's not the person who owes the money.

Thanks.