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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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Lowell Portfolio Ltd (Littlewoods)


jas1304
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I know that this issue has now been dealt with, but I have had another letter from Lowell this morning saying they have passed it back to Littlewoods. I am a little confused though as Littlewoods have sent me the agreement as posted earlier, so maybe the left hand doesn't know what the right hand is doing. And so it will begin again :)

 

http://i1194.photobucket.com/albums/aa373/jas1304/Lowell14-01-2011.jpg

 

As they have passed it back to Littlewoods should I tell Lowell to remove the Default on my Credit File, or maybe it would be better to leave it there as if they remove it and somebody else puts it back the 6 years will start again

 

So I guess Littlewoods will either chase me for the debt again, adding even further charges or they will take it to court, or pass it to another collector. Guess I will wait to see. Only thing that kind of confuses me is they say they have passed it back to Littlewoods yet they have also told me they have "Purchased" the debt. It seems a little like the game Pass the Parcel except this is Pass the Debt, oh well whatever takes their fancy I guess.

 

Regards

 

Jas

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The 'new' owners of the alleged debt will auto update the credit file, they cannot change the date to suit, the date of default stays the same, however you will need to keep an eye on your CRF as neither the DCA's or CRA's care less about accurate info being recorded on your file.

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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you need to be clear on a few things here:

 

you are obv on a phishing list

 

it will be passed around

 

it matters NOT about the default as such, no-one [should] put any new markers on the file.

 

the 6yrs start from YOUR last financial transaction IN/OUT.

 

so they can pussy foot about if they want

it wont change that!

 

now...DID lowlife put a new marker on your CRA? or was it [as should happen]

just THEIR name being put against an existong one they inherited?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you need to be clear on a few things here:

 

you are obv on a phishing list

 

it will be passed around

 

it matters NOT about the default as such, no-one [should] put any new markers on the file.

 

the 6yrs start from YOUR last financial transaction IN/OUT.

 

so they can pussy foot about if they want

it wont change that!

 

now...DID lowlife put a new marker on your CRA? or was it [as should happen]

just THEIR name being put against an existong one they inherited?

 

dx

 

Hi, and thanks for your input.

 

I have just did another search on my Credit File and I may have been wrong about when Lowell put the Default on my file.

 

After checking (and this time printing it off!) my Credit File I see that the dates my two debts with Lowell were defaulted seem to be fine. As Lowell wasn't on the scene when the defaults were recorded they have obviously just updated the file with their own name. After reading the letter I had from Lowell they say they have definitely "Purchased" the debt. So have Littlewoods now "Purchased" the debt back? I don't know how it works here but are Lowell owned by Shop Direct (Littlewoods) or maybe they have a team effort going on here.

 

I have read somewhere that at the moment there is nothing stopping prospective buyers (unless Littlewoods takes this to Court themselves) from defaulting a debt again and again as its sold from one Debt collector to another. Whether this is true or not I am not sure, but it seems it is happening. Obviously I will need to keep an eye on this. At this rate if each debt collector who apparently "Purchases" this debt keeps sending it back to Littlewoods after a CCA request I'll be long buried before it's sorted lol.

 

Anyway as always I appreciate your input and realise it can't always go my way. I will just wait and see what happens. I didn't really have a problem with repaying this debt over time what I did have a problem with was how Littlewoods suddenly, after a fair while, refused to acknowledge my several communications and slam on charge after charge and then telling me the charges were for ignoring them! Effing cheek. So in a way they started me off lol, so I don't have any sympathy for them when I'm refusing to pay them.

 

Regards

 

Jas

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as long as it is only the NAMe against the default that is changing and not the date i'd ignore things

 

in otherwords all that happens is the debt is passed around on a phishing list, as it get passed around the NAME against the existing default changes.

 

if they are putting additional defaults on then that unlawful.

 

just as a matter of int.

 

when were YOUR last payments on each of the debts.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi.

 

The last payments were: The beginning of this month, and for the main debt which this thread was originally created for was 29/08/2009. I stopped paying that debt because of the constant stream of charges. The only thing is now I have requested a CCA for the debt I payed this month that will probably switch back to Additions lol. I suppose it will keep me from getting bored lol :)

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  • 4 weeks later...

Hello, I'm back! lol...

 

Sorry to be a pain guys. I had this letter from Lowell about my other account with them:-

 

http://i1194.photobucket.com/albums/aa373/jas1304/LowellAdditionsClosed.jpg

 

"At this time we have REQUESTED closure of our account". Don't really understand why they have to "Request" closure when they apparently own this account? Also from the letter, as I understand it, I would assume that this will be passed back to Shop Direct or another debt collector - would that be a fair understanding?

 

One More thing please, If one sends a CCA request to a creditor via signed for recorded delivery and it doesn't get signed for, is it best to send another copy in an effort to get a signature? Or would it be assumed on the balance of probabilities the letter arrived?

 

Thank you very much and I look forward to some more advice if possible.

 

Regards

 

Jas

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The letter from Lowlifes is simply telling you that you have won, and they won't take any further action against you for this measly amount.

 

As regards to not signing your RD letters, these are usually signed for in bulk, as long as on the epod on RM's website it says it is delivered then that is all you need.

 

In actual fact the only requirememnt you need to prove delivery of your letters is to obtain proof of posting from the post office, this costs nothing.

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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A free post office receipt is proof of postage and delivery.

"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...

 

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Ok, once again thank you very much for your help guys.

 

The letter I posted was meant to be signed for but Royal Mail failed, but I do have proof of sending so I will keep this safe.

 

So I guess I can relax with the latest letter from Lowell's (Lowlifes - you should trademark this lol)and wait to see if the debt pops up anywhere else, well not wait exactly - I'll just forget about it and relax lol.

 

Thanks once again

 

Regards

 

jas

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urm.

 

me smells a charges reclaim in the wind.........

 

and p'haps a ppi one tooo...............

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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