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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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complaining about a district judge


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Hi,

Can anyone advise if there is a procedure whereby you can complain about a distric judge?

 

The SAR - is this a valid request fot any type of debt?

 

Thanks in advance--- as a result of this forum i am now slowly trying to sort myself out and not be intimidated by the system

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Hi,

 

Found this...........

 

Complaints about judges, members of small tribunals or coroners

If you want to complain about the personal conduct of a judge, member of a small tribunal or coroner you should write to the Office for Judicial Complaints by post or email. If for any reason you are unable to make your complaint in writing, please telephone us and we will be pleased to help you.

 

 

Alternatively, write to us by post or by email making sure you include the following information:

 

your name, address and telephone number

the name of the judge / tribunal member / coroner, the court / tribunal hearing centre, the number of the case, the date of the hearing

specific details about the grounds of your complaint

Send your complaint to:

 

The Office for Judicial Complaints

4th Floor, Clive House

Petty France

London SW1H 9HD

 

Tel: 020 7189 2937

Fax: 020 7189 2936

Minicom: 020 7189 2941

 

Email

 

Your complaint should be made as soon as possible and in any event, no later than 12 months after the incident that you wish to complain about.

 

If your case or your appeal is ongoing, we will not be able to consider your complaint until the case is closed; but you should still let us know about your complaint as soon as you can.

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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hello,

many thanks so far---

my main question ( i probably have no grounds anyway but worth a try)-- is the distric judges decision:

 

All i wish to know is for why the judge did not even bother discussing my plans for repayment of arrears--- i had fully completed all forms showing a full income/expense and also proposals on how my income would also be increasing and alsothe fact that i have also been paying a little off the arrears each month...the judge did not address any of the above and instead granted an immediate possession order..

 

so i want to know that can some individual simply make a decision to make myself & children homeless without even at least offering any sort of reasons ( other than the £3950 arrears)---

I was led to belive that the goverment housing minister had made a statement sometime back for th courts/lenders to show leinency and also that legal representation is to be made available for ALL repossession cases..

 

Please can someone advise---as you've probably gathered i am still very bitter about what happened on May 14th---

this forum has certainly helped to keep my sanity but i cannot comprehend how the judgeconducted my repossession hearing especially about not even being asked what my plans were to repay arrears

 

thank you again

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Exactley right, the judges decision and conduct are two totally different things

 

i think the best thing you can do is seek legal advice from either the CAB or (i prefer) thye Bar Pro Bono Department Home if the judge acted in error of the law, or his decision was ,or had the appearance that he had taken leave of his senses then you may have grounds for Judicial review, you may be able to also rely upon the Human Rights Act article 6 the right to a fair trial as well, to be honest without being party to the case its hard to say what ground you have, that is why i say seek legal advice as you may be surprised what can be done

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Hi,

 

I've just been on the website and you need a solicitor or an advice agency (CAB etc) to apply on your behalf - they can download the application form, but will need all of your paperwork so they can guage whether or not they can help you - they will only consider your case if you are NOT entitled to legal aid and you cannot afford to pay.

 

Hope that helps

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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  • 1 year later...

Sign my petition...

 

Petition to: install tamper-proof recording of all evidence and make immediate copies available to all parties in a case for a nominal fee. | Number10.gov.uk

 

 

We the undersigned petition the Prime Minister to install

tamper-proof recording of all evidence and make immediate

copies available to all parties in a case for a nominal fee.

 

In my experience, a single digital recording is made to the

Judge's pc. In many cases the judge has access to this digital

file after an application for an Appeal has been made, which

may show them in a bad light. In this day and age it would be a

very simple technical and procedural matter to remove the

possibility of tampering with the spoken evidence BEFORE it is

sent off to a licensed transcription agent - either by a

simultaneous recording to a 'black box' or a copy being made

and signed off by all parties at the close of the Hearing.

 

In addition, an immediate electronic copy of the file could be

distributed to all parties to reduce, at least, any

disagreement about the content of an order which is not written

and agreed directly afterwards. So saving further costs.

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