Jump to content


  • Tweets

  • Posts

    • 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?
  • Recommended Topics

  • Our picks

  • Recommended Topics

Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**


PossVox
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4554 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I would go along the following lines that:

1. They have started court action on a SB debt.

2. They claim you paid in 2004 but have supplied no evidence.

3. The account defaulted in 2001 (so your last payment would probably have been 3months before this) it was registered with CRA and has nowfallen off under the six-year rule and they have not shown any payment in 2004 othewise the default peiod would have restarted and be shown.

4. They served the default notice, NOA, etc etc after starting court action

5.They have refused all your reasonable requests for documentation including CCA etc etc.

6. Their solicitors Hodsons (now Morgan) has refused to answer any f your letters and requests for information.

7. They are acting unlawfully and against all guidelines and have caused you considerable stress.

How does that sound?

Link to post
Share on other sites

  • Replies 298
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi,

 

Received this from court today.

 

Help!

 

Court003.jpg

 

PV

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Hi!

 

Just got off the phone to Watsons Solicitors (previously Hodson's) who inform me that the case has been DISCONTINUED and that this will be confirmed in a letter being sent by 1st class post this evening! They're also writing to the court at the same time.

 

I think this may be a result?!

 

Can I go after Crapot for some costs?

 

PV :D

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Cheers Notts!

 

Just for a change, I'm looking forward to the postman calling in the morning!

 

I'm in shock right now!

 

Donation to CAG on its way methinks :D

 

PV

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Cheers Jogs!

 

I already rang the court and the clerk advised me to take a copy of the letter from Crapot into court so it can be put in my file.

 

How do I go for wasted costs please? Also how much do I claim?

 

I need to claim enough to cover the cost of a tube of "Just For Men"... my hair has turned grey because of the stress caused by these "people"!!! :)

 

PV :D

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Ha! ha! Just PM'd you saying they would discontinue. Go for wasted costs order. This is costs you can claim for them wasting your time.

 

The Judge was putting pressure on them to come up with some evidence and presumably had raised his or her eyebrows over the alleged phantom payment. So this was their way of telling them to prove it. Excellent work Judge.

 

Whose Watson's? I thought the new name for Cabot's solicitors was Morgan's?

 

Good stuff Poss Vox you stood up to the bully boys.

 

There is some info on CAG re wasted costs orders but I can't find it. Meanwhile this is from the Bar Council

http://www.barcouncil.org.uk/guidance/wastedcostsorders/ I am sure someone will come along with more info.

Edited by Rhia
Add info.
  • Haha 1
Link to post
Share on other sites

Hi Rhia,

 

Yes, I meant Morgan's, Watson's is a local bakery up here! I must have been feeling hungry whilst I was posting!

 

And yes, well done judge! But YOU are the STAR in this, I really don't know what I'd have done for the last 2 weeksif it wasn't for you... I certainly wouldn't have been so tough with them.

 

THANK YOU SO VERY VERY MUCH!!!

 

How do I claim costs? Is there a form to download or a template letter please?

 

Also, how much can I claim? I feel like they owe me LOTS!

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Read my PMs before threads so saw the news after I had sent comments.

I just knew they would discontinue - eejits. The Judge would have made mincemeat of them. This Judge had their measure you could read that between the lines.

 

Sensible Judge: "So stupid solicitor you allege Mr PossVox made a payment in 2004. Where is the evidence?"

 

Stoopid solicitor: "Err we don't have any we were just trying to frighten him into paying a large amount of money that we aren't entitled to simply by dragging him through the courts and scaring him witless."

 

Sensible Judge: "Well sod off and go and work in the sewage works instead you slimey creep!"

 

I love it but seriously you MUST report them to the OFT at the very least. I am not sure how easy it is to get damages for distress but they are leaving themselves wide open.

 

And I am flattered you think I'm a star but I had a very, very nasty run in with Cabot which I have never posted on this forum but I think it's about time I did. Won in the end but ended up in hospital with a heart problem after it all - and was already ill. I will NEVER forgive them for their actions and you know what they say don't get mad, get even. So if I can help anyone on CAG I will do so.

 

It was my pleasure.

 

Now nip off down to Watson's and get a couple of pasties - bet their bakers could do a better job than Morgan's aka Hodsons. ;):D :D

Edited by Rhia
Link to post
Share on other sites

Should I ask a Mod to move this to successes?

 

Anyone any idea how to claim wasted costs please?

 

I found one of Bankfodder's templates but it's for use when claiming against a bank.

 

Thanks

 

PV

Edited by PossVox
typo

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Well done on this excellent result. They were so screwed you kind of wish that it got in front of a DJ so he could tell them what he thought of their 'methods'.

 

An excellent post here http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html from x20 (where did he go, he is my hero!) about how to make a detailed costs application.

 

Its one way of going about getting costs awarded and helped me get costs (£500) on one case against me that was discontinued. Not for everyone but certainly worked for me.

 

Well done and best of luck with the costs, it may even pay for another break in Northumberland!. The more people that screw these ^&*%*%'s for costs the less likely they will be to try and screw us.

 

FF:)

Link to post
Share on other sites

Thanks FF.

 

If i win costs then the first thing on the spending list will be a fat donation to this wonderful site. A close second will be a beery night in beautiful Northumberland!

 

I'll take a look at the link as you suggest.

 

Thanks again

 

PV :-)

 

p.s. I will post up Crapot letter of discontinuance as soon as it arrives

Edited by PossVox
additions

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Cheers LTWFB!!!

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Hi!

 

Just got off the phone to Watsons Solicitors (previously Hodson's) who inform me that the case has been DISCONTINUED and that this will be confirmed in a letter being sent by 1st class post this evening! They're also writing to the court at the same time.

 

I think this may be a result?!

 

Can I go after Crapot for some costs?

 

PV :D

 

after reading post#251 i would have made the same phone call! go Rhia!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Passvox

 

U can claim hours spent and other provable expenses, postage and packaging etc

 

Nake sure u claim at the LIP, litigant in person, rate of £9.25 an hour.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi GodMother,

 

Thanks for the info.

 

Is there an official claim form or will a letter do?

 

I will read the link suggested in an earlier post.

 

What would you say is a reasonable amount of hours to claim?

 

I have receipts for postage, special delivery at £5 a time etc.

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

no official letter u need to send one to the courts and one to claimant

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Now, if you were a real nasty person, you could decline their discontinuation and make them go to court! "Sorry, your honour, which payment were you referring to? Oh, that one I didn't actually do..."

 

Mischievous... but fun.

 

Naah - just do them for the costs. Look at this:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

Hi ODC,

 

Thanks for the advice.

 

I'm taking the discontinuance letter into court personally a.s.a.p. and will ask for the hearing cancelled and for written confirmation.

 

You don't think they'd try and pull a fast one do you?

 

PV

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

Poss Vox they could pull a fast one but they are on such shaky ground they would have a death wish if they did so.

 

HOWEVER ( a big however) it's not over until the large lady warbles her last so don't drop your guard or any action you may need to take until it is all signed, sealed and delivered.

Link to post
Share on other sites

Hi ODC,

 

Thanks for the advice.

 

I'm taking the discontinuance letter into court personally a.s.a.p. and will ask for the hearing cancelled and for written confirmation.

 

You don't think they'd try and pull a fast one do you?

 

PV

Why are you doing the DCAs work for them. They are the ones who should be contacting the Court.

 

Poss Vox they could pull a fast one but they are on such shaky ground they would have a death wish if they did so.

 

HOWEVER ( a big however) it's not over until the large lady warbles her last so don't drop your guard or any action you may need to take until it is all signed, sealed and delivered.

 

Whilst I agree its unlikely they would be foolish enough to pull a fast one its not beyond possibility. They certainly would not be the first shower of s**t to tell a debtor they were not continuing and then seek a sneaky default judgement.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...