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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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hsbc various debts to them inc managed loan


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Now that they have received you CCA request there is very little they can do to you other than send you letters telling you to pay them. You have placed the account in dispute by sending the CCA request. Lawfully they have to investigate that dispute and resolve it before pursuing the debt.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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ok, when the agreement cmes back, what should my next step be, do you think? hsbc sent the agreement when i requested it in december. the reason ive not been paying is that my dispute now lies with the amount owing, charges and interest.

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You really need to get that S.A.R - (Subject Access Request) sent so you can itemise when the charges occurred and the anounts. If you don't do that then any claim won't be taken seriously.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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well the thing is, ive had my charges back on my bank account. BUT about a third of the loan was made up of charge,s which although they have been refunded, the interest on them aka the loan, hasnt. that is what im tryng to get back. just in a mess about how to go aboutit

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  • 5 months later...

Urgh, i seem to be having a nightmare with these guys.

 

They are collecting for a managed loan with HSBC Bank. i am disputing the amount - as the loan was for £3000 and i have paid £2,982. they claim i owe £2,600. thats with no charges for moving the account to DC or anything. £1000 of that was charges, which i have since had returned.... but i am disputing it on the grounds that had those charges not been applied, the interst on the loan would have been much lower over the 5 yrs since i took it out.

 

I have written to the DC on 3 seperate occasions with the whole situation, payments made etc. Each time they said they would pass onto HSBC for them to deal with. in the meantime im paying £1pm until its sorted. This has been going on since JUNE this year. Anyway the last time i spoke to them, last week, they said HSBC have only said to them to carry on collections, and no one is planning on answering me.

 

I was hoping that maybe someone on here could advise me the best thing to do? I thought send a copy of my letter and a letter of complaint to HSBC maybe copied to the DC? is there maybe a higher up person i could address it to or anything?

 

Any help GREATLY appretiated, feel like im banging my head against a brick wall!!!!

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MCS is HSBC - they are their in-house DCA.

 

Write to MCS telling them that you dispute the amount they are claiming, and remind them that the OFT guidance requires them to suspend collection activity until the dispute is resolved. Include a request for a statement of account - which they are required to provide upon request (OFT again).

 

My recent experience of HSBC was of unanswered letters, then when pushed each of my letters would be answered by a different person in a different location. They routinely tried to deceive and mislead at every turn; when caught out, they just send a 'no further correspondence will be entered into' letter.

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Don't ignore it, make a formal complaint that they are breaching OFT guidelines (as Consumer Credit licence holders they are obliged to comply). Make it clear that it's a complaint and ask for a copy of their complaint procedure (the CCA 2006 places a legal obligation on them to have one, and to supply a copy on demand). Ultimately, if you are unhappy with their final response, you can escalate the complaint to FOS.

 

MCS often behave as if they are a law unto themselves. My impression, reinforced by the opinion of some helpful HSBC staff I spoke to, is that they operate by sending out template letters; anything more complicated is dealt with by DG Solicitors (HSBC's inhouse legals), even if they use MCS letterheads.

 

Currently, what HSBC seem to be doing is pursuing even the most doubtful, unenforceable debts, apparently without regard for the rules that bind them. Ultimately they sell on, to the bottom feeders, those they can't collect.

 

I suspect that they'll have to take a formal complaint seriously, but if they ignore it you can go straight to FOS, and you have evidence of trying to reach resolution should ever end up in court.

 

I have 3 debts to HSBC - one MCS failed on, and was sold to Robinson Way; I got them to drop the whole thing, remove the default and return my CCA cheque. The second they've just sold to another DCA, fully aware that they admitted in writing there is no agreement and it's unenforceable. The third MCS have just started with - but as it's in dispute with HSBC I've told them to feck off. I've made a complaint to FOS about HSBC's behaviour, and in particular their failure to answer complaints sensibly - some of the letters are hilarious, contradicting each other and well, lying.

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ok thats great, thank you. ill write a letter of complaint and send into head office of HSBC? oh, should i continue the £1 payments?

 

i cant beleive they get away with just not replying to letters!! im sure if we ignored letters from them it wouldnt be accepted!!

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