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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Is it illegal to open someone elses mail in canada? And if

Resolved Question:

Is it illegal to open someone else's mail in canada? And if so how do you proceed to prosecute? It was reported to us that my husband's credit rating had been affected because a credit card had been reissued to an ex spouse in his name. She had been using it for 4 years and then defaulted on payment. Statements, letters and notifications were sent to her address in his name and she opened them all and didn't forward anything. He didn't even know the credit card existed.
Much appreciated, Thank you
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.

Debra Thal (username) :

This goes beyond opening someone's mail.\

Debra Thal (username) :

This is fraud.I

Debra Thal (username) :

It is illegal to open his mail but as it came to her home I am not sure the police would charge her.

Debra Thal (username) :

But getting a credit card, using it, not disclosing that, hiding the bills etc. that is all out right fraud and the police will charge for that more likely.

Customer:

We're looking into the possibility that this card was issued fraudulently. This was a joint account with both husband and wife on it and at the time of separation the husband closed it. We have correspondence of a phone call made by her asking to have it reissued and it states that my husband agreed. (they asked info of a male on the phone to confirm it was the original card holder) As the credit card issuer told us...if any male had the right info they would accept it. How do we proceed...call the police? I'm not sure it will be taken seriously. Should we ask the help of a lawyer first?

Debra Thal (username) :

You can report it to the police or have a lawyer report it with you.

Debra Thal (username) :

But the credit card company should be doing the same thing. Are they not?

Customer:

Is there any other pertinent info a lawyer would require us to have before proceeding? I'd like to be prepared.

Customer:

The credit card company told us to be nice to her and hope she pays it off. Get that!!

Debra Thal (username) :

That's ridiculous.

Customer:

We closed the account to purchases and now she is paying the minimum payment each month.

Debra Thal (username) :

How high up in the company did you go as they should be reporting her to the police.

Debra Thal (username) :

Did you speak to the fraud department.

Debra Thal (username) :

There are people in charge of fraud issues.

Customer:

I know. We are perplexed with the situation. We think that they don't want to take responsibility for issuing it to without proper authority. (the actual cardholder's permission) We contacted the privacy officer in charge of these issues but maybe we should keep trying on that end as well. You would think that if they sent out default and possible legal action notices they would expect them to get to the right person. Btw, the address was changed from his to hers at the same time.

Debra Thal (username) :

They don't want to end up being on the hook for the money but that's only one issue.

Debra Thal (username) :

Whether they are or not, and whether they did what they should have been doing, they know there is fraud and should report it.\

Debra Thal (username) :

So I would go as high as possible in the credit card company and ask them to file a report with the police.

Debra Thal (username) :

Then you or your lawyer should as well.

Customer:

I think going higher up in the credit card company is a good idea. I never thought of that. Thanks!!

Customer:

I need a good battle! This winter has been boring...Thanks for your help!

Customer:

Will this come to my email so I can remember all that was said?

Debra Thal (username) :

I can ask the admin to send you a copy of the chat log for sure.

Customer:

Thank you!! At least now I'm pointed in the right direction.

Debra Thal (username) :

You are very welcome.


 


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Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87653
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you

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