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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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Barclays - WON - but reneged on agreement to pay. Suggestions Please?


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I would write to the Court Mgr and ask why you were not informed of the Strike Out Application, or given the opportunity to attend and represent your interests.

 

I think you need more info before you decide how to act or who to complain to.

 

Can you let me know anything else needed? I do have all three case bundles scanned and ready for upload.

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I would write to the Court Mgr and ask why you were not informed of the Strike Out Application,

 

My apologies, we were informed of the application, but we did not receive notice of the hearing date.

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DRAFT LETTER, any comments good and bad.

 

The Court Manager

Horsham County Court

Law Courts

Hurst Road

Horsham

RH12 2EU

 

18 July 2011

 

Dear Sir,

 

RE: [XXXXXX]

 

I write in reply to receiving an order made in my absence.

 

I confirm the court did not send me a notice giving the date of the hearing.

 

This has exposed me to a loss of £905 plus the amount of my original claim and associated court fees.

 

I understand I need to give the court service a reasonable opportunity to put things right in the form of an “official complaint”, and I look forward to receiving an early and positive outcome.

 

Yours Sincerely

 

 

 

[NAME] (Claimant)

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Perhaps this would be more appropriate:-

 

Dear sir or madam,

 

Claim No 1AB23456

 

I refer to the Order made by Deputy district Judge Byfield on 4th July, issued by your court on 15th July.

 

Whereas I was notified that the Defendant had made an application for Strike Out, I was not informed of the date of the hearing.

 

It is clear that the Defendant was represented by Counsel but I was noted as "not attending".

 

I respectfully suggest that I should have had the opportunity to represent my case when the Application to Strike Out was heard. I believe my claim had merit and a chance of success.

 

I would also have liked to address the court concerning the issue of costs which, in my absence, were awarded against me at £905.

 

Please look into this matter and let me know why I was denied the opportunity to put my case, and how you intend to rectify the situation.

 

I look forward to your early response.

 

Yours faithfully,

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Any party is entitled to apply to set aside an order made in their absence. It will have to be done on notice - fee £80 - and reasons given for non attendance. Another hearing date will be fixed. The reason the bank got their costs is because this was not a small claims trial, but an application and costs can be claimed on the hearing of an application even if the matter has been referred to the small claims track. Alternatively, they can be claimed on a small claims trial if the losing party has behaved "unreasonably". Only read the thread briefly but looks to me like this is the third set of proceedings, effectively claiming the costs of the second set of proceedings. It also looks to me like the second set of proceedings were flawed and wrongly issued so there was never going to be any chance of succeeding in those and therefore no chance of the bank being ordered to pay the costs. The judge may have taken the view that the third set of proceedings was "unreasonably behaviour". An application to set aside the current costs order might simply result in even more costs being incurred.

 

Incidentally estoppel can only be used as a defence to a claim, and not a claim itself.

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Any party is entitled to apply to set aside an order made in their absence. It will have to be done on notice - fee £80 - and reasons given for non attendance.

 

That would imply that I have to pay a fee to ask the court to comply with its own rules, it was the court administration that resulted in the claimant not receiving notice of the hearing.

 

Incidentally estoppel can only be used as a defence to a claim, and not a claim itself.

 

You could well be right !! this might explain why the case was struck out.

 

Unfortunately I didnt have counsel to represent me.

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I would also have liked to address the court concerning the issue of costs which, in my absence, were awarded against me at £905.

 

I might be nit picking, but the order says the claimant should pay. Going by usual court vernacular, it doesn't say the claimant do pay ...

 

and this doesnt appear to be a judgement, thus cannot be enforced, can anyone better informed confirm this?

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Hi Bartok,

 

Send off the letter. You may get some explanations from the court, which cost you nothing.

 

You can then decide if it's worth pursuing by way of a Set Aside application.

 

The wording of the Order is not questionable. If you don't pay the costs, I assume further action will be taken by the bank's sol'rs to enforce payment.

 

Pay careful attention to the sound advice given by GG in post #80.

 

:wink:

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I had already sent my previous letter, so I'll send your letter above if I dont get a positive reply from the court manager.

 

Someone suggested speaking to my MP, because the court did not follow procedure to allow me reasonable time to represent my interests. Is this a reasobable course of action?

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Hi Bartok,

 

Personally, I think involving your MP is unnecessary at this stage.

 

If the court has messed up, they should sort it out. If they fail to do so, there are procedures for complaining.

 

See how the court responds.

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I think the complaints procedure is the way to go. Does anyone know the procedure?

 

The resolution I would like is:

 

1. The court to cancel the order.

 

If they cant then:

 

2. The court pay compensation for my losses and the amount of the original claim as a result of court administration.

 

Is this reasonable? if not, what would be reasonable?

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Further info is readily available if you search for it.

 

http://www.google.co.uk/url?sa=t&source=web&cd=4&sqi=2&ved=0CC4QFjAD&url=http%3A%2F%2Fwww.aboutsmallclaims.co.uk%2Fmaking-complaint-about-small-claims-court.html&ei=d6koTvW7H8-o8QP0-fisAw&usg=AFQjCNEHGUS6auduMOjh6Rz9grfhcRzvoA

 

But I think you need to bear in mind that you also made mistakes yourself, eg with the 2nd claim that you issued.

 

Do some further research but wait for the court's response.

 

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The link is very useful, I think complaint then MP is the way forward.

 

As for the second claim, I dont think its unreasonable, not on the scale as freeloading £4400 of money the defendant were supposed to be entrusted with, then agreeing to repay half of it and breaking that agreement. That breach incurred costs and its only those costs I am asking the defendant to repay. This all happened before OFT v Abbey even started.

 

I dont know if that would stand as a reasonable defence for £905 costs and a strike out. Any opinions?

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  • 2 weeks later...

The court has allowed me to make without a fee, an application to set aside the Order of July 15 and enclosed an N244.

 

Set aside the Order of 15 July 2011

 

because

 

The Claimant did not receive a notice of the hearing from the court and not given a reasonable opportunity to represent her interests.

 

 

Any Advantage/disadvantage in a telephone hearing or going without a hearing? Dont really want to commit any more time in attending.

 

Any comments on my Q3 above?

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Hi Bartok,

 

If I understand correctly, the court has said you can make an Application to Set Aside.

 

Do this on Form N244 and await the outcome. If the court sets aside the judgement, I assume you'll be given the chance to put your case at a future hearing date.

 

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I was womdering if my answer to Q3 on the N244 was OK before I commit to returning it to court.

 

Then you'll need to let us know what answer you put on the form. :???:

 

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