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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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Magicmerlz V's Hsbc


magicmerlz
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Hi folks

 

Posted my initial letter and schedule today (recorded of course).

 

Thanks to all who offered answers to my previous questions - will keep you all informed.

 

Regards

 

Magic

 

"The world wants to be fooled ... so fool it" - Pavel

"The world wants to be fooled ... so fool it" - Pavel

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  • 2 weeks later...

Hi folks

 

Quick update for all you newbies on what to expect next - received a reply from HSBC in response to my initial letter. I assume it is a standard reply that we SHOULD all be getting. It quotes a reference number for me to use in future correspondence and -

 

Dear .....

 

Thankyou for your letter ......BLAH BLAH .......we are looking into your concerns.......BLAH BLAH .....Please give us ample time to fully investigate....... BLAH BLAH.............we shall be in touch when results are known.

 

HSBC - Customer Service Team

 

They also included a standard leaflet explaining how complaints are dealt with - load of rubbish if you ask me.

 

Anyway I shall be sticking to the original timetable regardless of this letter so the next one will be winging its way to HSBC on Friday.

 

Oh I nearly forgot another £100 charge added to this months statements, which will of course be tagged onto the next letter.

 

Regards to all

 

Merlz

"The world wants to be fooled ... so fool it" - Pavel

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Hi Folks

 

Was going to send 2nd letter today, but got this in the post this morning.

 

 

 

Dear MAGICMERLZ

 

Thank you for your recent letter concerning charges applied on your account.

 

I can confirm that the charges have been correctly calculated and it is not the banks usual policy to refund charges correctly applied in accordance with our published tariff. This being the case no refund is due.

 

We do not agree with your contention that the charges that have been imposed by the Bank constitute a penalty clause and are therefore unenforceable.

 

The contract between the Bank and its customer is governed by HSBC's standard terms and conditions. In respect of unauthorised overdrafts, the relevant clauses are 7.11 to 7.18. In these circumstances, there is a process that involves the Bank considering whether or not to pay the item. A fee is payable for this and the fees are set out in the published price list.

 

We enclose a copy of the relevant terms and conditions and a copy of the latest price list for your information.

 

Thankyou for taking the time to bring your concerns to the Banks attention. I am only sorry it was necessary for you to do so. I hope that matters have now been resolved to your satisfaction. However should this not be the case, the attached guidance sheet explains the next steps available to you.

 

Yours sincerely

 

David L Johnson

Customer Service Officer

 

Included with the letter was a copy of 'Personal Banking Terms & Conditions' a 'Listening To Your Comments' leaflet, and a page titled 'FULL RESPONSE' basically saying that they hope I am now happy with the attached response and as a consequence they now consider the complaint fully resolved.

 

If they do not hear from me within the next 8 weeks they will consider matters resolved.

 

Incidentally there was no copy of the Banks standard charges and I have never had one of these at any point.

 

My question is this - Is this another standard 'please go away' letter, should I ignore it and carry on with the next stage, or be concerned. Again any help is greatly appreciated.

 

Regards to all

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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I have seen this letter before, ignore it and continue with your timetable :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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  • 2 weeks later...

Hi Folks

 

Quick update for you.

 

Posted letter before action on 17th July - and yesterday received another copy of the - 'you have been charged in accordance with our stanadard terms and conditions therefore no refund is due....' letter.

 

Looks like I am going to have to go through moneyclaim. I will keep you all up to date.

 

Regards

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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good luck not that you need it we are all behind you 100% im 2 weeks behind you and i cant see them giving in to mine so ill be heading the same way as you

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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Hi Folks

 

Just a quick question that I need a bit of advice on.

 

I am today going to complete my moneyclaim form, but since I started this whole thing a few extra charges have been applied to my account.

 

Now, if I add these new charges to the current total that they owe me, it takes me over the 6 year claim limit by one month.

 

Do I just add them on and hope I get them back or do I have to calculate a new total owed based on 6 years from today 31/07/2006?

 

 

Hope this makes sense.

 

Regards to all.

 

Magic

 

"The world wants to be fooled ... so fool it" - Pavel

"The world wants to be fooled ... so fool it" - Pavel

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Hi folks

 

This is my moneyclaim text (exact amount of characters) feel free to copy if you want. Please let me know if ive missed anything - all opinions welcome good or bad.

 

 

 

I have 2 accounts with the defendant which are conducted on their standard terms and conditions. I am claiming the return by cheque of money

taken by the defendant in the way of

charges over the last 6 years. The banks

charges are a diproportionate penalty and

therefore unenforcable as they are contrary

to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair contracts Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. para 8 and

sch.2 1 e. In the event that the charges

are not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges despite repeated requests. Total charges of £xxxx.xx. I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from 7th July 2000 to 1st August

2006 of £xxx.xx and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £x.xx. The total at 1/8/06 is £xxxx.xx plus court

fees.

 

 

Regards to all

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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I know its a bit late, but yes you should add all charges, as the 6 years is from the date you first asked for a refund..

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Good luck Magic- I'm just ahead of you.

Barney2002 - If you want to see how I got my money back, click http://www.consumeractiongroup.co.uk/forum/hsbc-bank/11376-barney2002-hsbc-round-one.html.

 

HSBC

15/08/06 - £4955 paid in full from HSBC!!!!!!! 'Ave it!!

OTHERS

04/08 - Conf rec'd from Capital One - sending statements

07/08 - Conf rec'd from Tesco Finance - sending statements,29/08 sent prelim for £282

10/08 - Conf rec'd MBNA - sending statements.02/09 prelim for £437

10/08 - Conf rec'd Morgan Stanley - need to send ID - sent 11/08,rec'd letter offering £96(rejecting), 02/09 prelim for £220- Rec'd £240 few days ago.

 

If any advice I give is helpful then please hit the scales - Top Right. Thank you.

 

** For Every bed I sell to a CAG Forum member, I will donate £50 to the CAG **

 

Visit my site for the full range of Hand Forged Beds at

www.classicsiniron.co.uk

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  • 3 weeks later...

How are you gettin gon Magic? I believe you are in teh same boat as me in that its 10 days since "Deemed Served" and still no acknowledgement. We can send the bayliffs 'round together if you want?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardyboy

 

No response at all from HSBC since I filed my claim, not even an acknowledgement, I am still at 'Start' on the MCOL website.

 

They have until Monday then we win by default, unless of course they advise that they are going to defend before then in which case they get another 14 days grace.

 

I assume if /when we win by default we get a letter from DG solicitors asking for breakdown of charges and then they just pay full amount plus the court costs.

 

Heres hoping for NO post tomorrow, Saturday or Monday.

 

Good luck

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Its funny really... When I first filed the claim I was desperate for some post to get things moving along. Now I don't want any becuase its going to be quicker to win by default!

 

Fingers crossed

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Folks

 

No post over the weekend or today so midnight tonight I shall be asking the courts to request a win by default.

 

Anyone know what to expect after this stage? Myself and Wardyboy1 are both in exactly the same position.

 

Regards to all

 

Magic

 

"The world wants to be fooled ... so fool it" - Pavel

"The world wants to be fooled ... so fool it" - Pavel

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EEEEpppppp... getting nervy now! half a day to go before the default win! Keep the fingers crossed.

 

PS... Its WardyBoy2 not 1, but you can just call me WardyBoy! (LOL)

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Folks

 

Well I've not heard a thing from them since I filed my claim with MCOL so I have today requested judgement by the courts which means I win by default, as they have not entered a defence or admission to my claim.

 

Not too sure what happens now as I've not seen anyone get to this stage before - can anyone advise?

 

Myself and Wardyboy are in the same boat so will keep you all up to date.

 

Regards

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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I had a full offer today!!! crossed out the confidentuality bit and sending back recorded today!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Magic... Has your request for judgement been approved and issued? Mine was so the bank should get our orders today. What the hell do we do now?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Folks

 

Requested judgement yesterday and today it has been accepted and issued.

 

Wardyboy - I think we just wait now.

 

They should get ..whatever it is they get... in the post within a day or two then I would expect either a letter from DG solicitors or more likely the money in our accounts.

 

Either way we have won as no defence can now be issued.

 

Can anyone confirm this?

 

Keep watching your account balance just in case it drops in there without warning, I read on someone else's post that this is what happened to them.

 

I wonder how long we should give them? Personally I think a working week is long enough, then we send the bailiffs in.

 

Again, if anyone has been this far could they offer some guidance.

 

Will keep you up to date with any breaking news.

 

Regards

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Any news magic? I've heard nothing (other than confirmation of my judgement from the court).

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi all

 

Not heard a thing after winning by default last Tuesday (22nd), so I am sending a letter today saying that they have 5 working days before I send the bailiffs in.

 

I will keep you all informed.

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Which address are you going to send it to? Then London one used for the Mcol stuff, or the ones used for the other letters? There's about 4 of us all won by default at the moment. Just waiting to see what happens to who.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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