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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 Personal Loan PPI Claim


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Hi MC

 

See my answers in red

 

I'm out till about 9pm tonight but will be back on-line then

 

Regards

 

ims

 

 

Thanks again ims, as always you are a star.

 

It is very reassuring that you have checked my calculations and to know that I'm not a complete maths numpty.

 

So, as rergards the track, is this something that is open to argument? One would have thought that it should be fairly black and white, but not being very familiar with these things, what do I know!

 

I guess a suitable tactic would be to include a reduced 'without predujice save as to costs' offer along with the prelim' letter and SOC, so Mr DJ can see that we did try to avoid going to court, which should have positive cost implications.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Maybe PM andyorch as he's good on the legals and the detail on that front.....very helpful.

 

Regards

 

ims

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Hi

 

Maybe PM andyorch as he's good on the legals and the detail on that front.....very helpful.

 

Regards

 

ims

 

Hi ims,

 

Thanks for the advice. I'll wait to see what the victim wants to do, which I think is going to boil down to the likelyhood of a sucessful court claim, and give andyorch a shout if need be.

 

I'm just waiting for the SAR to come back so that I can check a few details, mainly how much they paid out on the PPI insurance before pulling the plug, which is believed to be one or maybe two months tops.

 

Cheers again,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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  • 1 month later...

Hi all, just an update on this.

 

Barclays have failed to respond in any way, shape or form to the DSAR. I beleive the 40 days were up today (possibly earlier). So where do we go from here? We were waiting on the SAR to do final calculations i.e. what they had paid back on the policy, which we beleive to be one months loan payment, before they pulled the plug on the basis that he was self employed (despite him being self employed from the outset).

 

Complaint to the ICO & proceed with the claim and argue the figures later?

 

IMS, anyone?

 

Thanks.

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Personally I would write to the lender informaing them that they are now in breach of the DPA and that you require the requested information within 14 days. Failure to comply with the ACT will result in a formal complaint to the ICO and that you may also take court action to force compliance and seek damages at the court's discretion.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi

 

Personally I would write to the lender informaing them that they are now in breach of the DPA and that you require the requested information within 14 days. Failure to comply with the ACT will result in a formal complaint to the ICO and that you may also take court action to force compliance and seek damages at the court's discretion.

 

ims

 

Thanks for the advice ims, I guessed it would be something along those lines, but wanted to check. I'll get on it and report back as soon as there is any news.

 

regards,

 

mc

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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:thumb:

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi

Had exactly the same problem with my SAR.

Wrote and called Barclays -they returned the letter with 'wrong account number' scribbled across it!

When I called they did not grasp the issue around not fulfilling the SAR on time, but they did give me a complaint number and as I ha d said this was in relation to PPI, they said this started the clock ticking. Also said theior PPI people would contact me - that hasn't happened.

Received the SAR on 14 Nov requested it on 7 Sept.

I would advise writing but also ringing their complaints team and registering a PPI complaint so at least while you are waiting for your SAR , the 8 weeks they have to respond has started .

I submitted my questionnaire last week and referenced the PPI complaint number and gave them 8 weeks from that date to respond.

 

I think getting a complaint reference was the key to getting my data as writing had no effect in my case as tje SAR turned up a week after I made the call.

 

Good luck

 

Regards

W

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  • 4 months later...

Hi again, long time no post as I've been super busy with work and other stuff.

 

Barclays are still ignoring the DSAR request. I sent a letter 20/02 giving them a further 14 days to comply or further action would be taken without further notice; still nothing!

 

So do we issue a court claim? Plus damages? Some help here please to get me started.

 

Thanks

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Good to hear from you.

 

So no response to the SAR then?

 

I would now send them a 7 day lba and then issue in court to force compliance

 

Here is a thread which deals with a "failed SAR Court Action" which you might like to read

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

It will outline the steps to take to get them into court for non-compliance

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi MC

 

Good to hear from you.

 

So no response to the SAR then?

 

I would now send them a 7 day lba and then issue in court to force compliance

 

Here is a thread which deals with a "failed SAR Court Action" which you might like to read

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

It will outline the steps to take to get them into court for non-compliance

 

ims

 

Hi ims,

 

Good to hear from you too, hope you are keeping well. Once again, thanks for jumping to my aid.

 

Nope, deafening silence from Sharklys.

 

I've just emailed a fromal complaint to the ICO, can we still send an lba?

 

Thanks for the link, I shall digest.

 

Thanks,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims,

 

Good to hear from you too, hope you are keeping well. Once again, thanks for jumping to my aid.

 

Nope, deafening silence from Sharklys.

 

I've just emailed a fromal complaint to the ICO, can we still send an lba?

 

Thanks for the link, I shall digest.

 

Thanks,

 

MC

 

 

Ah ok...didn't know you'd e-mailed.

 

Maybe see what the produces first but if nothing then I would issue if it were me.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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  • 3 months later...

Hi ims,

 

Hope you are well and apologies for the extreme delay in updating this thread.

 

The current situation is that, following the complaint to the ICO, we received the DSAR from Sharklys (7 months after the original request).

 

All of the required info appears to be present, but it has thrown some light on something quite odd. On the loan account statement, there are three consecutive payments made from: BIDL CLM SERV A/C to the loan account. Which we assume is when they paid the monthly loan payment as a result of the insurance claim, before Sharklays refused to make any further payments. But, and it is a big but, they were still taking the payments from his current account as well!

 

The three payments made from BIDL CLM SERV A/C in July/Aug/Sep 2002 are all followed by the usual Standing Order payment; a check on the current account statements of the same period confirms that the payments went out as usual (despite the insurance claim).

 

A bit naughty don't you think!

 

How does this impact the reclaim? I must admit to being totally confused now as a result of this and am not sure how to apply the payments to the spread sheet.

 

Any advice greatfully received.

 

 

Regards,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

So the insurance paid out and the bank still took payments as normal. Very naughty.

 

However this will not affect the claim.....the money was still paid by the claimant and he wants it back. Think of it as what money he actually paid out and that is what he wants back. The fact that the insurance paid out too is up to them to sort out.

 

So just proceed as normal.

 

I see you were debating the court or fos route. As has been said, you need to consider the implications of costs should a court case be lost (given the quantum of the claim). In a court action the onus of proof of mis-selling will be on the claimant.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hi ims and thanks for your reply. OK that is clearer.

 

Yes that has been some umming and ahhing as regards which route to take and the claimants decision is to go via the FOS.

 

As I have been out of the loop for some time, I'm a tad rusty on the process, but will re-read the necessary info.

 

I guess I need to complete the stat interest excel sheet, complete the FOS questionaire and send it off to Sharklys.

 

Just one question if I may, as regards what the insurance paid out, do I just deduct what they paid from the final figure on the stat interest excel sheet?

 

Thanks again ims for your help and advice.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Yes fos questionnaire, spreadsheet and brief covering letter.

 

And yes just make a deduction for the amounts received.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hi

 

Yes fos questionnaire, spreadsheet and brief covering letter.

 

And yes just make a deduction for the amounts received.

 

 

Thanks agian ims.

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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  • 3 weeks later...

Ok, so we have received a response and I'm now not sure how to proceed.

 

The claimant received two letters of acknowledgement, intially we thought that one was just a duplicate. But now he has received a further letter, which rejects the claim on the second loan on the basis that there was no PPI on it.

 

So it looks like they have split the claim into two; hence the two acknowledgements and the final response as regards the second loan.

 

It sems to me that as Barclays won't be offering a repayment on the rolled over portion of PPI, then the whole claim has not been dealt with properly.

 

Do we have to wait for the response on loan one before going to the FOS or should we proceed with a complaint to them?

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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  • 3 weeks later...

Update:

 

it seems that Barclays have stumped up part of a refund (on loan 1) to the tune of around £2,500. However, we are still short the rolled over portion, amounting to approximately £300.

 

 

Interestingly, although Barclays wrote saying that they rejected a refund on loan two, they have not written to confirm the claim/payment that they made on loan 1; which was probably two weeks ago.

 

You would think that they would would write and explain the payment made. So I am wondering why they haven't, perhaps they are leaving us in the dark until the time limit to complain to the FOS has expired?

 

Some advice please would be greatfuly appreciated. i.e should we forge ahead with a complaint to the FOS or wait until the deadline has expired for Barclays to respond to the PPI claim?

 

I'm inclined to go to the FOS now as they have rejected the loan 1 portion, which means that our claim will not be fully dealt with. ????????

 

Thanks in advance.

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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If it were me I'd write to them demanding the detail of the refund they have made so you can see exactly what is included.

 

You have six months from a written final decision to refer to fos OR if they have not dealt with your PPI complaint within 8 weeks.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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If it were me I'd write to them demanding the detail of the refund they have made so you can see exactly what is included.

 

You have six months from a written final decision to refer to fos OR if they have not dealt with your PPI complaint within 8 weeks.

 

 

Thanks once again ims. I will follow your advice and report back as and when.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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