I’ve been getting someone else’s post for months – am I allowed to bin it? DEAN DUNHAM KC replies

I receive mail every day from someone who once lived at my address.

I tried returning it to sender unopened, but I’m still getting several letters a week and it’s been going on for months. What can I do next? Can I throw them out?

via email from DH.

Let’s start with the legal situation. You are no longer obligated to provide free postal service to someone who no longer lives at your address.

Marking items as ‘unknown at this address’ or ‘return to sender’ and putting them back in the post is the right first step, and you’ve already done that.

However, if the letters continue, you have the right to dispose of them.

It is important to understand that opening someone else’s mail can be a criminal offense under the Postal Services Act 2000 unless you have a reasonable excuse.

However, it is perfectly legal to throw away unopened mail sent to the previous owner after you have made a reasonable effort to return it.

If you want to stop the problem altogether rather than manage it, there are more effective options.

Contact Royal Mail and ask them to state that the named person no longer resides at your address. It has processes in place that can help reduce or block misdirected mail at the source.

If any of the correspondence appears to be debt-related, which is rare in these cases, you should not ignore it.

In these cases, you can open the mail to identify the sender. You can rely on the ‘reasonable excuse’ exception because you protect yourself from the risk of enforcement proceedings at your address.

If you receive letters from bailiffs or debt collection agencies, contact them immediately and provide proof that the person does not live at your address.

Documents such as utility bills, mortgage statements, lease documents, or government-issued ID will usually suffice.

This step is important because bailiffs do not have the legal authority to seize property from property that does not belong to the debtor.

Rain stopped the game; So why am I paying court costs?

Local tennis courts can be booked in advance online. However, if it rains that day and play is not possible, there is no refund system.

I pay with my credit card, can I benefit from a chargeback?

MB, London.

Dean Dunham replies: A chargeback is a process by which your bank can reverse a card transaction on your behalf.

It is designed to provide protection in case something goes wrong with a purchase; For example, if a trader ceases trading, goods do not arrive or a service is not provided as expected, generally because it was not carried out with reasonable care and skill.

It is important to distinguish this from Article 75 of the Consumer Credit Act, which is a statutory right.

Chargebacks, by contrast, operate according to Visa and Mastercard plan rules; This means your bank has discretion as to whether or not to pursue your request.

The key issue in any chargeback claim is whether there was a breach of contract by the merchant.

In this context, it is important to review the trader’s terms and conditions, particularly those regarding cancellations and whether the right to a refund exists in adverse weather conditions.

In this case, it appears that such a right is not provided and this is clearly stated to you before booking.

Just because weather conditions ultimately affect the experience does not in itself mean that the service is not available.

Under these circumstances, a chargeback request is unlikely to be successful. The bank will most likely take into account the terms of the contract, realize that you are not entitled to any refund, and deny the request.

However, there may still be alternative paths worth pursuing. If the courts are operated or managed by your local council, making a formal complaint may have more positive results.

Public institutions are generally more open to offering goodwill gestures, and the added element of reputational accountability can sometimes work to your advantage.