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    • 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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car finance- default notice recd...


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Hello,

I now have the ongoing problem with car HP agreement that i am behind with. Default notices recd...

I have paid approx 2/3 of total but now cannot maintain payments- I need car so would like to keep it. They (BCT) will go for court order as I will not let go on a voulumtary basis- can i make a much reduced payment plan with the courts which would overide the HP agreement or will the courts automatically grant full repossession rights to finance company

Thanks

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LTWTL If this is going to proceed to court as they wont let you make reduced payments there are a couple of options....

 

Scan the Agreement if you have a copy and the default notice, take off personal stuff and then post up so others can advise if they think its possibly unenforceable (also depeneds when it was taken out). The default notice can also be checked that they exited the contract correct.

 

Another possibility is apply to the court for a Time order, this changes the payment amounts and you would need to prove to the courts that this is a temp change I believe.

 

S.

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Deal with your debts:

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

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If you defend the court claim (and have a good reason for non payment) it is very likely that the court will grant an order for reduced payments and suspend possession, given that you have paid 2/3 of the agreement.

 

It would be a good idea to write to the finance company asking them if they will accept reduced payments (enclose a budget sheet) it may just stop them issuing a court claim and if they still go ahead you can prove to the judge you have tried to come to an arrangement.

 

If you need help with the letter let me know.

 

Ell-enn

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hi, from what you have said, you are in a very strong position as you have paid 2/3 off for the car.

 

what you can do now is,

 

phone the company who supplied the car tell them that you would like to come to an arrangement and pay what you can afford.

 

if they do not agree to this then,

 

ask them to send you a copy of the original agreement as well as for a breakdown for all the charges that makes your outstanding balance.

 

have a look through the charges and make sure nothing is in contravention to the OFT's guidance on unfair contracts and terms:

 

http://www.oft.gov.uk/shared_oft/rep...rms/oft311.pdf

 

wait for their claim to arrive

 

admit to the claim but tell the court that you have paid off 2/3's of the car and only have 1/3 left to pay off, but because of financial situations could they agree to you paying a more affordable amount. as long as your suggestions are reasonable i can not see the court ruling against you.

 

for further details have a read through:

 

Hire purchase and debt : Directgov - Money, tax and benefits

 

and also:

 

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft809.pdf

 

 

 

 

 

I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.

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Many thanks for the above advice- I am on it today- can't find copy of original agreement but will request and the scan and post everything up on here..

If i didn;t need car then i'd almost certainly just give it up but i need it for my work and all i really want is to have a little longer to pay this off

Thanks again

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Many thanks for the above advice- I am on it today- can't find copy of original agreement but will request and the scan and post everything up on here..

If i didn;t need car then i'd almost certainly just give it up but i need it for my work and all i really want is to have a little longer to pay this off

Thanks again

 

Do as Ell-enn suggests and see if they will reduce the payments, also read up HERE on time orders as if they proceed to court this might be useful.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 3 weeks later...

Firstly, thanks for the advice so far…….An update..

I wrote a letter to them requesting for explanations of the charges and copy agreement- I sent this by recorded delivery…Not only did I ask for a breakdown of charges I also offered to them reduced monthly payments until I can increase. They have chosen to ignore my letter and instead sent another ‘FINAL DEMAND’- 7 days notice or repossess car.

I received another letter yesterday but it seemed to totally ignore my letter as they make no reference to it. This latest letter goes on about 7 days only to sort and ‘FINAL DEMAND’ at top of it.

  1. 2 things now- the letter I sent requesting the information was only a standard letter I’d written and not an ‘official request’ as per some examples on this site. Should I also send an official letter with the £1 postal order – please could someone advice which letters I should be sending as I don’t want anyone to repossess car after 7 days
  2. Secondly- as they are just ignoring my letters/ emails etc- will they be able to just repossess car

I really want them to come to some sort of arrangement but they don’t appear interested..

All help very much appreciated

Thanks

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The Default notice could be important too LTWTL...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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You need to write to them enclosing a copy of your letter and proof from the Royalmail website that they received it.

I'm just leaving the office - I'll come back to you later this evening.

Ell

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Hi - send them this by recorded delivery:

 

....................................................................................Your address

 

Date:

 

Their Name & Address

 

 

 

 

 

Dear Sirs,

 

RE: Account No: XXXXXXXXXX

 

I am in receipt of your letter dated XXXX regarding the above account.

 

I wrote to you on XXXXX (copy affixed) which you received on XXXX (proof of receipt affixed), regarding a change to my financial position and making an offer of reduced payments until my situation improves. To date I have had no reply.

 

I note from your letter that you intend to repossess the vehicle under this agreement. I would advise you that I intend to defend any action for possession and having taken advice I am aware that, having paid more than 2/3 of the agreement, you would require a court order to repossess. The fact that you have not responded to my request will also be reported to the court in any defence.

 

I trust you understand my position in this matter and that you will be able to respond positively to my request for reduced payments.

 

Yours faithfully,

 

 

XXXXXX

 

Encs.

 

Enclose a copy of the letter you send and the proof of receipt from the Royalmail website.

 

Ell

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  • 3 weeks later...

Good result - well done for standing up to them :)

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