On Thu, 21 Feb 2008 22:04:45 -0800 (PST), virgmob007@netscape.net wrote:

> If other people think they have their Telstra troubles, then they will
> be interested in my problem. What Telstra did was allow someone to
> set up an apparently fixed telephone account, and have the bill sent
> to my personal address. At first I did not open the Telstra
> envelopes for about three months, and wrote "return to sender -- wrong
> address", blocking out my address; but then I received mail from
> Creditech, a division of Telstra, so I opened the letter and read what
> it was all about, and then wrote a letter explaining that the person
> concerned did not live at my address, and if they did not stop
> annoying me I would have to see a solicitor to have them sued for
> harassment.

How is this "harassment"?

It's just incorrectly addressed mail.

In any event, there's no tort of "harassment".


> However letters from Creditech still kept arriving, and I did see a
> solicitor, who I am friends with, and he wrote them a letter
> threatening them. However, I then received correspondence from Dun &
> Bradstreet, acting on behalf of Telstra to collect amounts owing, and
> so it was back to the solicitor, who has written that court action
> will be taken on my behalf if this harassment does not stop, and, for
> about three weeks, I have heard nothing from Dun & Bradstreet.

Why are you going to all this trouble?

Dun and Bradstreet are trying to collect from a third party who has given
your address as their mailing address (perhaps intentionally, perhaps
mistakenly).

Other than the (miniscule) annoyance of receiving these letters, it has
nothing to do with you.

> The
> main problem is that if nothing was done about the matter, it could be
> the case that anyone living at my address could be stopped from
> obtaining credit,

That's not the case.

> as well as the fact that if I did not defend myself
> it might be assumed by the courts that I am really the person that the
> Telstra bills are meant for.

If your solicitor friend told you that, he ought go back to law school.

The mail is not addressed to you (notwithstanding that it is being
delivered to your place of residence). Telstra is not alleging that YOU
owe it any money.

The courts aren't going to assume anything about you because you wouldn't
be a party to any legal proceeding. Dun & Bradstreet wouldn't have even
known your name until you gave it to them by way of your letter.


> I have my suspicions of who the person is who opened that account with
> Telstra, since he is a person who I recently underwent litigation with
> to my satisfaction, and, since he is a confidence man, he is likely to
> do anything, I, in fact, recently received mail from a different
> company for the same person involved in the Telstra scam, but no money
> was involved, and I was able to ring up the people concerned and
> explain the problem satisfactorily. In there is any more trouble, I
> suppose that I will have to take the matter to the police, but you
> have to be careful that you don't defame someone.

If you're really worried about this (and unless you're not telling us
something, I can't see why you would be), that may be a good idea. They
won't do anything, but at least you'll have a record of having done
something.


> What I am annoyed about with Telstra, however, is why they do not have
> adequate processes in place to stop someone from using a false address
> when setting up an account,

It's not a false address. The address must exist, because you live there.

It would be unworkable if a copies of title deeds or tenancy agreements
were required by every company to change address.

No doubt Telstra knows the address at which the fixed line was actually
connected.

> and the fact that they did not bother to
> answer any correspondence from me or my solicitor,

That's because you have nothing to do with it. Telstra's relationship is
with the mystery subscriber and not with you.

> but just allowed
> the matter to go ahead to have Dun & Bradstreet harass me,

No-one is "harassing" you. The letters weren't even addressed to you.

The absolute most you needed to do was mark the letters "not at this
address", and pop them in a postbox when convenient.

> in the hope
> perhaps that I would settle the account anyway, just for the sake of
> peace.

That's just bullshit.

> Well, I will certainly not be doing any business with
> Telstra, if that is their ethical perspective. What Telstra is, now,
> I think, under the influence of the current wetbacks running the show,
> is a gangster organisation!

What happened to not defaming people?

You're getting upset over nothing.