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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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Companies claiming back charges...AND letters to DCA's


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Can anyone recommend any reputable 'ones- recd email from chargeclaims.co.uk??

 

also- any help with what to do with DCA's when they ignore letters...

Some of my debts , despite having sent the correct letters to the DCA'a- they are either just selling debt to someone else or they keep writing to me and each time the amount seems a little higher.

One of my debts old business credit card) -has changed hands so many times now that i am not sure if i am supposed to keep on sending the same letter each time debt changes hands??

Would really appreciate any help in this...

some letters i have recently received i can now honestly say that i have no idea what it relates to....plesae can someone help

thank you

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Can anyone recommend any reputable 'ones- recd email from chargeclaims.co.uk??

 

also- any help with what to do with DCA's when they ignore letters...

Some of my debts , despite having sent the correct letters to the DCA'a- they are either just selling debt to someone else or they keep writing to me and each time the amount seems a little higher.

One of my debts old business credit card) -has changed hands so many times now that i am not sure if i am supposed to keep on sending the same letter each time debt changes hands??

Would really appreciate any help in this...

some letters i have recently received i can now honestly say that i have no idea what it relates to....plesae can someone help

thank you

 

Please do try to relax, take a breath, grab a cup of tea, a couple of digestive biscuits, preferably chocolate and don't let them drop of into the rest of your brew!:eek:

 

Ignore any outside interferences, they just want you to part with your cash, you will not get any better 'free' advice than here at CAG.

 

Ok firstly, who ever it is asking you for money 'NOW' send them this 'prove it letter'

 

That letter template goes for any other company or DCA who is telling you that you owe them money, send them that and it is then up to them to 'prove to you' that you do indeed owe them money, it is not up to you to prove to them that you don't!

 

If you are paying any of these companies money right now then I would say 'STOP'

 

Once the Original Creditor (OC) sells the debt to a DCA then the OC 'should' have sent you a letter informing you of this.

Then the 'buyer' should send you a letter telling you that they have bought the debt and that they now are legally able to seek payment from you.

 

What is the original debt for? Is it a 'secured' or 'un-secured' debt? I notice that you say that one is a buisness debt.

 

How old are these debts?

How many debts are there, who is the Original Creditor (OC) who is now chasing you for the debts?

Have any of them obtained a County Court Judgement (CCJ) in relation to any of the debts especially the buisness debt?

 

Do try and relax, take a read thorough a few of these.

A.

B.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sorry forgot to amswer the question is the last post...

many debts -all icurred when i first faced my problems approx 3/4 years ago

Many catalogue debts etc..

Although i do have CCJ for other business debts- These current letters i am getting are ones where there is no CCJ

These are now coming from DCA's that i have never heard from e.g this morning just got another letter from WESCOT on Behalf of ARG equation????? I have never heard of these??

Thanks again

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The CCJ debts are your priority, as not keeping up with payments on those will see you back in court, or worse the bailiffs on your doorstep! (if it hasn't already been collected:D)

 

ARG Equation, formerly known as GUS Home Shopping.

 

So that would be another catologue debt?

Any letters you receive from DCA's asking you for payment toward a debt you don't know about send them the prove it letter

The onus is on them to prove to you that you owe them money, NOT for you to prove you don't!

 

Initially the catalogue, the original creditor (OC) should have sent you a letter stating that you failed to keep up with payments, and that they would pass it on to a DCA.

The DCA should then have sent you a letter stating that they are seking payment on behalf of such & such.

Very often they fail to provide this information, as they like to think they are a law unto themselves:eek:

 

Take a look at the OFT guidelines on debt collection for a better understanding on how they should act!:-|

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Another update...

 

I am nw getting increasingly confused as i send out 'prove it' letters- after a while i get more letters from these creditors saying they have now reassigned the debt????

do i keep on going around in circles with these people or is there another letter that i could send out?

 

furthermore from one of the DCA's i received this letter yesyterday which has the following quote ''

''...... unfortunately we are unable to locate a copy of the executed agreement,but for your information we enclose a copy of the current agreement which applied to this type of account.''

 

please could anyone advice to mt above points

Thanks

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if they sent a We cant provide an agreement then the debt is unenforceable, so strike one, keep the letter safe and tell them to ge lost

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Also, if they are selling the debt to other companies whilst it is in dispute you should report them to the OFT The Office of Fair Trading: Contact us

[email protected]

 

And send the new DCA the 'bemused' letter;

Edit to suit;

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Print Don't sign your name.

 

Also report them to the following:

Information Commissioner's Office - ICO

 

Financial Ombudsman Service

 

How to Complain

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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*BB wraps up mr.ton and sends him to 1st crud * :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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