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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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Marbles CCA and response from FOS


oscar52
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Not too sure this is in the right place or not.

 

One of the MSE / DFW lot said I would possibly get better advice here than on MSE.

 

I wrote to FOS with regards to Marbles and their failure under CCA to provide an agreement - a route taken as Marbles refused to help me when I stated i was struggling (actually told me they couldnt help until I was in arrears, then when I was, was told I needed to be up to date)

 

Anyway, letter is below - can raise some points myself, but would be grateful for any advice or direction.

 

Page 1

Page 2

Page 3

 

Thanks in advance.

Edited by oscar52
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When you say Marbles failed to send you your agreement, did you send a CCA request including the £1 ?

 

Did you receive the Default Notice & was it served correctly?

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Not too sure this is in the right place or not.

 

One of the MSE / DFW lot said I would possibly get better advice here than on MSE.

 

I wrote to FOS with regards to Marbles and their failure under CCA to provide an agreement - a route taken as Marbles refused to help me when I stated i was struggling (actually told me they couldnt help until I was in arrears, then when I was, was told I needed to be up to date)

 

Anyway, letter is below - can raise some points myself, but would be grateful for any advice or direction.

 

Page 1

Page 2

Page 3

 

Thanks in advance.

apologies for completely off topic response but are you the Oscar from the reclaims boards on MSE?(natweststaffmember, mate). small world, ;)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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When you say Marbles failed to send you your agreement, did you send a CCA request including the £1 ?

 

Did you receive the Default Notice & was it served correctly?

 

I receieved an "application form" - which looks the same as in wayoutneeded's post, excpet that one is much clearer (mine wont even scan)

 

I am pretty sure I didnt recieve a default notice - actually, just checked - i did on 22/12/08 - states "this is a default notice served under S 87...." Have no idea if this was correctly served...

 

 

debt then went inhouse to DLRS (Debt Litigation Recovery Service) before going to 1st Credit (18 March) who I asked for copy app and NoA in April - am still waiting

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apologies for completely off topic response but are you the Oscar from the reclaims boards on MSE?(natweststaffmember, mate). small world, ;)

 

Might be:rolleyes: :p

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I am pretty sure I didnt recieve a default notice - actually, just checked - i did on 22/12/08 - states "this is a default notice served under S 87...." Have no idea if this was correctly served...

 

Can you scan it, remove identifying details & post it up?

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The timescale of that DN is 18 days & assuming it was posted first class you can deduct 2 days which leaves 16 days to remedy over the Xmas/New Year period when there is no postal service or banking facilities for several days (at least 4 days) so by my reckoning they haven't allowed you enough time to remedy the default. I would like other opinions on this one.

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If I'm correct in my thinking it would make the DN defective in which case they would only be able to claim the arrears. The balance would be wiped out once they closed the a/c. Did they send you a termination notice?

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I had a letter from HBOS (as they had now taken over the running of the account) threatening to do this on 26 Feb, stating thhis may be avoided by making a payment within 7 days.

 

Then had letter dated 13 MArch stating that "the DN recently issued...... you have failed to make a repayment...... as a result, we have terminated your agreement and the card facility is withdrawn."

 

Actually, I have just noticed - this letetr states that "failure to meet these demands (return of card etc) witihn 7 days will result in further details of the default being registered with CRAs" - this had already been done on 31/01

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Then had letter dated 13 MArch stating that "the DN recently issued...... you have failed to make a repayment...... as a result, we have terminated your agreement and the card facility is withdrawn."

 

That's good enough.

 

"failure to meet these demands (return of card etc) witihn 7 days

 

Please tell me you didn't.

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Assuming the next letter sent (certainly next one received) was from 1st credit on 30/03.

 

Have two or three letters from them, last one dated 23/04 (after my phone call to them) stating that thye had requetsed my credit agreement which would be sent in due course (still waiting) and that they didnt have to provide the Deed of Assignment (refering to S136 of Property of Law Act 1925) - I actually asked for the notice of assignment)

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More questions and further details.

 

In my post above (default notice), from what I have read on here, this would appear to be invalid as it allowed insufficient time for remedy (12 days as apose to 14)

 

I have been having a bit of a clear out of and found a statement from BOS (Marbles0 dated 17/03/09 - this caused me to look through the paper work I have.

 

DN is dated 22/12/08 - this states the failure to make the minimum payments of X and that have exceeded credit limit by Y - they require payment of Y by 9/01/09 as this is greater than X. Further deatils also state that HFC will require the full payment of balance on the shown date.

 

 

Default was registered on my credit file on 31/01/09.

 

I then have a letter from BOS (dated 26/02/09) stating the next step will be to terminate my agreement.

 

Further letter recived (dated 13/03/09) stating agreement has been terminated as on below post.

 

Now I also have this statement (dated 17/03/09) - doe strhis indicate that the agreement wasnt terminated? And also, am I correct in thinking (from what I have read, or I may have misunderstood this) that the agreement should have been terminated before being registered with CRAs?

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Default was registered on my credit file on 31/01/09.

They have defaulted you before the remedy date, I'm not certain but I think it invalidates the DN anyway.

 

They do not have to terminate an agreement in order to register a default, they do however have to give you the chance to remedy the default before they do though. :rolleyes:

 

Have a look through Defective default notices explained;

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

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Isnt the default after - or am I missing something?

 

Remedy date was 09/01/09 (which was less than 14 days from service anyway) and default was 31/01/09.

 

TY for link on defaults - not making a lot of sense at the moment, so will have another read tomorrow and see if it sinks in.

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Isnt the default after - or am I missing something?

Yes you're right, I'd misread it.

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They have defaulted you before the remedy date, I'm not certain but I think it invalidates the DN anyway.

 

They do not have to terminate an agreement in order to register a default, they do however have to give you the chance to remedy the default before they do though. :rolleyes:

 

Have a look through Defective default notices explained;

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

an SAR would be useful to re enforce the lack of time

 

if (as is very likely) it wasnt posted until next day (23) that would completly bugger up the timescales!!

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an SAR would be useful to re enforce the lack of time

 

if (as is very likely) it wasnt posted until next day (23) that would completly bugger up the timescales!!

 

Thanks for the two posts - I will leave the SAR until after i get the next response from FOS.

 

I agree with the the timescales for the DN - but it would have been deemed served on 24 (if posted 22nd) or (29/30 if posted any later only gives 11 clear days (taking away bank hols and non banking days).

 

Then there is the arguement of delays because of the Christmas post

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