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    • If you are flying away tomorrow (or rather this) morning I'd just forget about complaining to the police now.  As BF said earlier it's probably just a waste of your time anyway so I wouldn't worry about it.  Forget it for now.  Have a safe flight and concentrate on your other thread against Aviva.
    • I'm afraid you won't get a complaint drafted before tomorrow morning - and I think most others here think it would be a waste of time anyway and that the police decision won't change.  I would ask for a review and make a complaint on principle, but I suspect you are better off concentrating your effort on your other thread and direct complaint against Aviva.   Unless you are out of the country for an extended period I'd wait until your return before considering futrther whwther to complain about the police.   [ By the way, just so that you don't mislead yourself as it's a mistake many people make, ALL agreements are "verbal" in that they are composed of words.  Some agreements are in writing and others are oral, spoken or vocal.  The law recognises oral or spoken agreements just as much as ones that are written down.  The only practical difference is that oral agreements can be difficult to prove in a dispute]
    • Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:   19.  Decisions that are not eligible for VRR include: ... iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold] Victims' Right to Review Scheme | The Crown Prosecution Service WWW.CPS.GOV.UK   I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.   If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.   I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...   [Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]
    • @Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .   Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler.    He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.   You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.   My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed    I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 
    • I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.   I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.     But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.   One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it.    (I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)   Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS   I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.   I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.   One other question: is your husband and are your family supporting you through this, or are you going it alone?
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Deceased Mother's Debt And Phillips & Cohen Associates


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At the time of my mothers death last year she owed £380 solely in her name to a catalogue firm, the catalogue account was protected by payment insurance, at the time of my mother's death I contacted the catalogue firm and informed them of the situation, they asked for a copy of the death certificate which i duly sent to them, they then refused to cover the repayments due to the cause of death, stating that they may change the decision based on the report of the family doctor, we contacted our GP who got in contact with them, and we heard nothing further regarding the matter until a letter arrived this morning addressed to the estate of my late mother from a debt collection firm, a full 14 months after her death.

 

The letter stated that the £380 was still outstanding and that they required information on whether an estate exists, I called the number and explained to them that my mother didn't leave an estate, the only thing she left was a funeral plan which at the time wasn't even sufficient cover the funeral costs, however this didn't deter the person on the phone who seemed hell bent on getting me to settle the debt in full, or agree to a payment plan, after much arguing I did finally get the person to admitt that the debt was solely in my mother's name and as such her spouse and children are not responsible for it, eventually they gave in trying to get me to pay for and said that they would have to conduct an investigation into whether I was telling the truth or not, and they would be in touch when they had the outcome of this investigation, they closed the call with asking me to think about the payment plan which I replied I didn't need to think about it as I wasn't willing to repay the debt, as it's not mine.

 

Just wondered where I stand with this am I in the right here, since there's no estate does this debt die with my mother?

 

What is likely to happen next?

Can they take me to court and attempt to force me to pay?

If they continue to send me letters regarding this and bombard me with phone calls, is there any action I can take to make the harassment stop?

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How can they take you to court for your late mothers debt?

If the debt was in your mothers name and she left no estate, then the debt died with her.

 

So do not worry yourself about there pressurising calls or letters. There is nothing they can do.

 

I am sure one of the expert will be on later and will post a nice letter for you to send them. I would suggest that you DO NOT TALK to these people over the phone, pay them nothing and do not agree any repayment terms.

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They're trying it on.

 

They can investigate all they like, the fact is it is not your debt and you are not liable. Did you sign the agreement or contract?? I very much doubt it. Stick to your guns.

 

This is a new low for any DCA :rolleyes:

 

http://www.csa-uk.com/csa/upload/Conference%20Programme%202007.pdf

 

Take a look at 14:00 in the conference agenda.

 

 

 

This is something we're likely to see more of in the coming months I'm sorry to say.

 

CAG..... Be Prepared

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I suspected as much, thought they were at it, told my father as much when he started to panic, as you can probably appreciate he's not exactly been in the best frame of mind the last year or so, I just though this DCA were trying to manipulate his emotional state to get payment, if he'd called them he'd have signed up for the re-payment plan. Glad I told him I'd sort it out.

 

He's never signed anything relating to the catalogue, the agreement was with my mum, and she left nothing.

 

Is it best for me to just ignore this and let them make the next move?

 

Is there any kind of letter I can send them to tell them to do one?

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You need to ask for a copy of their complaints procedure and report them to Trading Standards. This type of debt is covered by The Consumer Credit Act and is covered by s86 of the Act.

 

If they wanted any money they should have applied to the estate. As there is no estate there is no money to be paid.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This is a new low for any DCA :rolleyes:

 

 

Low, yes. New - not at all.

 

An uncle of mine died suddenly a couple of years ago. His widow had many phone calls from Barclaycard, including on the day of the funeral, from Barclaycard, demanding that she send them a cheque in order to avoid charges and interest building up on the account before the estate was sorted out - the card was in his sole name. British Gas responded to the news of the death by issuing a wholly spurious bill for almost £1k 'so we can close the account in his name quickly and open a new one'.

 

I recently saw, at a car dealership, a leaflet flogging PPI which stated quite clearly that 'if you die suddenly, your relatives will be left to pay your outstanding car finance'. Utter rubbish, and it reminds me that I must pick up a copy and report it.

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http://www.csa-uk.com/csa/upload/Conference%20Programme%202007.pdf

 

I note that the Golf Tournament has a 'shotgun start'. Where do I apply as a gun, and do I have to provide my own ammunition?

 

Are there opportunities for CAGgers to act as beaters (preferably using the golf clubs)?

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Now you are being silly.......Mercers and RMA in heaven?? You've got more chance of being Pi***d on by the Pope. ;)

 

Too right Dannyboy.

They should be down the fire ridden hell hole were they belong.

They will get there just rewards one day for the misery they cause people.

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a letter arrived this morning addressed to the estate of my late mother from a debt collection firm, a full 14 months after her death.

 

Even if there had been an estate they are now out of time.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi

 

I do Probate for a living and I have run this passed my colleagues for reassurance.

 

They cannot make you pay the debt. If the debt was in your Mother's sole name and there are no assets of the estate to clear the debt then it is an insolvent estate. You cannot pass debts on death. If they contact you again tell them that it is unfortunate bought you have sought advice and the debt dies with your Mother.

 

Hope this helps.

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This lot is it? Domant company since 2005. Would not pay them a penny or even speak to them.

 

PHILLIPS & COHEN ASSOCIATES (UK) LIMITED

DAVENPORT LYONS

30 OLD BURLINGTON STREET

LONDON

W1S 3NL

Company No. 05284353

 

Accounting Reference Date: 30/11

Last Accounts Made Up To: 30/11/2005 (DORMANT)

Next Accounts Due: 30/09/2007

Last Return Made Up To: 11/11/2006

Next Return Due: 09/12/2007

Previous Names:Date of changePrevious Name23/06/2006ETHAN REESE LIMITED

 

 

 

 

 

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This lot is it? Domant company since 2005. Would not pay them a penny or even speak to them.

 

PHILLIPS & COHEN ASSOCIATES (UK) LIMITED

DAVENPORT LYONS

30 OLD BURLINGTON STREET

LONDON

W1S 3NL

Company No. 05284353

 

Accounting Reference Date: 30/11

Last Accounts Made Up To: 30/11/2005 (DORMANT)

Next Accounts Due: 30/09/2007

Last Return Made Up To: 11/11/2006

Next Return Due: 09/12/2007

Previous Names:Date of changePrevious Name23/06/2006ETHAN REESE LIMITED

 

Yep that's them except the address on the letter is for an office in Manchester, but the same company registration number.

 

Spoke to citizens advice they said that the catalogue company shouldn't have even passed this on for debt recovery they should have drawn a line under it when they received the death certificate.

 

So someone somewhere is being just ever so slightly naughty.

 

I suspect the catalogue firm knowing fine well this will never be paid have sold the debt on this lot, citizens advice say this lot buy a lot of debts from firms like catalogue companies.

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I would ask that you please report them, otherwise they will continue to operate in exactly the same manner. They are relying on the fact that many elderly people do not question such things and just pay whether they can afford to or not.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I feel for you on this as it happened to us.

Capital One did near enough the same when my mum died. Except they wanted to send someone around to talk to her.:rolleyes: My dad got really angry and said they could talk to her ashes if they like but it would be a one way conversation.

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just sickens you its beyond beleif but this is the scope of things in the UK dont know what has gone wrong with this country but it definitely needs to change,their is a thread in the beginning of the forum for the BBC who want to chat with people about their debts and problems they face I would phone or e mail them and create a stink,would love to see their faces..how can some people live with themselves they should be locked up and the key thrown away

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Unfortunately these morons who telephone work off a script.

 

If Mrs X cannot answer phone then demand to know when Mrs X will be available. Mrs X is dead. When would be a good time to speak to her.

 

My answer to this would be she is being cremated next Tuesday at 12 noon perhaps you would care to join her and you could discussthe matter then.

 

I am being frivoulous I know but its a damned disgrace that a firm of so called solicitors should behave in this manner over such a trivial amount of money when you are grieving. Report them to the OSS in Leamington Spa

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