Mobile Money (the Police claim it's a Civil matter) !!!

[dadofholly]

GG but the OP has informed the creditor of the fact that there had been a fraud, and that the police were involved.

 

The thing that concerns me is the mention of a court case - but we dont know what it was about - who the parties were and what was the outcome.

 

If they had a court order then we can accept they thought the property was theirs.

If they did not have a court order then they should not be entering another persons property and taking personal possessions. - The police have a duty to at least investigate.

[dadofholly]

You are correct i did not disagree with it -why would I? - the award of the £10 was not relevant - it was the fact the court stated that the OC should not have removed the vehicle from Private property without a Court Order.

 

The other difference on this case is that the company who took the vehicle were not even creditors of the OP - and had no legal title to the goods - had been informed of the criminal offence that had taken place - and that the OP was an innocent party.

 

Would suggest that the costs award in such a case could be more than £10. The advice given was in addition to - and not a replacement for - other advice given

 

You seem very negative towards the OP on the Welcome Thread who is an LIP - and has fought very hard over a long period, to gain a victory in her case. Just seems like sour gapes and i don't undestand why.

 

Think we all need to step back a bit on all advice here untill the OP comes back on the thread and explains what the court case was about, and what the outcome was.

[ims21]

Hi

 

I think until all of the facts are known we shouldn't try and second guess what is going on. I would ask some direct questions of the OP and wait until he/she comes back with the answers otherwise its pure conjecture M'lud.

 

ims

[TFD123]

I am sorry I have not been on the thread for a while. Things have not changed much mm want me to pay 7000 pounds to get car back. At this point I want to be careful what I say I will post copies of correspondance tomorrow. DadofHolly you have it correct the guy who went to court for id fraud was only charged because of my complaint mm although knew about it never attempted to take him to court fact they took my car knowing someone else committed fraud fact never had log book only spare key fact took car of private land fact never issued anyletters to me. I am really appreciative of your interest things will be much clearer tomorrow on here. Thanks for you patience

[dadofholly]

Then from what you say this is no way an error and i believe theft.

 

Look forward to your update.

[sillygirl1]

It is NOT a civil matter, it is THEFT

 

Go back to the police and ask them to revisit the court case - after all they took the fraudster to court, get a copy of the court paperwork to MM and give them 7 days to respond.

 

You can of course counterclaim in the County Court. Have you spoken to the court who held the case against the fraudster and asked for an emergency hearing with MM....

[dadofholly]

Sillygirl i agree.

 

The Police may think it is a civil matter because it is concerns a company and an alleged debt.

 

However, the debt is not, and never has been the anything to do with the OP, but was due to a cime not in anyway related to the OP. And if the Company who took the vehicle was aware of this crime, then they did so in the full knowledge of the fact that the vehicle could not belong to them. You cannot take benefit of a criminal offence.

 

They have clearly intentionaly intended to deprive the legitimate owner of his goods for their own financial benefit. I would go back to the Police and demand to speak to a duty inspector taking any evidence you have with you.

[sillygirl1]

Not to forget the formal complaint letter to the Chief Constable

 

Also get in touch with Trading Standards and the Office of Fair Trading, both may be able to step in and help more.

 

http://www.consumerdirect.gov.uk for the Office of Fair Trading

http://www.tradingstandards.gov.uk for Trading Standards

[TFD123]

It is NOT a civil matter, it is THEFT

 

Go back to the police and ask them to revisit the court case - after all they took the fraudster to court, get a copy of the court paperwork to MM and give them 7 days to respond.

 

You can of course counterclaim in the County Court. Have you spoken to the court who held the case against the fraudster and asked for an emergency hearing with MM....

 

The case was in the Magistrates court and has nothing to do with mobile money as they have not made a complaint. The person in court recieved £300.00 fine for obtaining money by deception and 40 hours community service for ID Fraud.

I was on a buisness trip, left my car on a friends drive and he only had access to my spare car key incase he had to move it, I did not realise he had the plastic part of my Drivers Licence, he used his own bank details with a few name changes on his statements, he was trying to pay mm back before I found out and paid them almost £2000.00 from HIS OWN DEBIT CARD but then missed payments and the bill went up, they never wrote to me as he used his own address (although my address was on the my Licence) but it came out in court that he never recieved any written demands for money. He recieved a visit from a Mike Pearson from MM.

As I said before mm should claim of him as he has equity in his house but now they have my car I dont know were to turn.

I sent an SAR to MM which should be interesting as they claimed there was no postal order in the envelope so i Had a courier deliver and get a receipt for another one with the appropriate reference on it, I have contacted OFT and trading standards. I am now in the process of writing to mm with all details i have and will record delivery as usual.

I have edited the Emails sent to MM and to the police also the one i received from the police and will post below. I have only had phone calls in return, never anything in writing.

This may seem a bit long winded but reading the questions asked on the thread i felt i needed to explain fully.

I have several addresses for Mobile Money and 3 possible personal address's for Mike Pearson and Simon Furnival. This may be decriminalised by the police but has become quite personal to me, anyone help with personal address' please email me.

I need to know why, as MY CAR was party to an unauthorised repocession, that the Police see it as civil.

The car was taken of a private drive on the 26th November 2011 2 days after MM was informed

EMAIL TO MM-:

 

 

 

 

 

Ref HPI Check XXXXXXXX

To see messages related to this one, group messages by conversation.

24/11/2011 Reply ▼Reply

 

Hide details [email protected]

 

Change picture

View profileTo [email protected], XXXXXXXXXXXXXXXXXXXXXXXX

From: [email protected])

Sent: 24 November 2011 13:25:07

To: [email protected]

Cc: [email protected]

Bcc: [email protected]

　

My name is XXXXXXXXXXXXXX.

I have recently found out that your company has possibly been frauded by someone using my personal details.

I will leave that to your company to deal with, but to inform you that I have made a complaint to the WM Police against a XXXXXXXXXX of (Address removed), for falsely using my ID to obtain money.

The contact for the complaint details for your information are, Crime Reference XXXXXXXXXXXXX, DC XXXXX XXXXX, on 084560XXXXX exten, 57XXXX, XXXXXX CID XXXXXXXXXX.

As Mr XXXXXXXXX has pleaded guilty to the offence and will be dealt with by the Birmingham Courts I now formaly ask you to remove any claim on the HPI data bank with regards to my car, Reg XXX XXX, that you may have believed you had title to.

I must inform you that it is illegal for your company to try to hold any claim on my vehicle as I was never, as the owner and Registered keeper, involved with your company.

I also need to inform you that i am in pocession of all my documents including the original Logbook.

You have I believe a copy of my Drivers licence, please check that for my original details.

I will leave it to your company to take any legal action required, as I am doing, but I am amazed that you accepted my photoghaphed drivers licence as proof of ID from another person with a different address printed on it and the fact he is some years younger.

The only thing I request from you is that you remove any claim you thought you had on my vehicle now.

 

Yours Faithfully

XXXXXXXXXXXXXXXXXXXXX

 

 

edited due to nature of email

Edited December 15, 2011 by TFD123
Insert Emails

[sillygirl1]

Contact the director by phone and inform him you are taking him to court, use the companys address and issue an MCOL claim for the car and other expenses.

 

Write back to the police, copying in the Chief Constable and the Ministry of Justice and explain the situation

 

Get onto the Daily Mail and ask for Tony Heatherington, and get onto MP Stella Creasy as she is active in this area

 

Get onto your local MP before the break for holidays.

 

I cannot help any more as I have my own legal issues to deal with.

[sillygirl1]

I've asked the site team to look at this thread and get you some more help - it is beyond anything I have experienced myself and not my area of expertise.

[TFD123]

Again Thank You

[seanamarts]

Have you sent any proof of the conviction to MM?

[TFD123]

They have had proof from the police.

But still want £7,000.00 from me as the debt is still on the car.

And as the police will not get involved I am going to the county court in the morning to hopefully have an injunction placed on MM.

I have drafted letters to all the relevant bodies today except police, as i am making an appointment to see acting Super (when he is available)

Ill try get on here as often as possible and keep you posted.

I thought it was theft but now it seems ( As its classed as Civil) the only case I have is that they took the car of private land without a court order which means if I go down that route I appear to be accepting liability that I was party to the loan agreement. Ill see what the court says tomorrow.

[seanamarts]

Surely if the loan was made fraudulently MM should be chasing the debt with the guy who stole your ID, not you. He had the money not you. Looks to me as if they are looking for the easy way to recoup monies owed. Keep us updated.

[TFD123]

Yeah hopefully it will not be that easy for them but since the car carries great value it is an easy way to recoup money instead of going down the road of putting levy on his house, which they probaly will do after they sell my car.

I think ill send all future mail to this address

 

 

Mr Simon Furnival has 1 company director or secretary appointments.

Short name - Simon Furnival

Month/Year of Birth: 07/1965

 

22 Wedgwood Close

Wombourne

Wolverhampton

West Midlands

WV5 8EL

 

 

 

 

Company NameCompany StatusMOBILE MONEY LIMITEDActive

Appointment Date: 01/01/2006

Position: Director

Occupation: Director

Company Status: Active

Last Updated: 6:32pm 12/11/2011 Address:

 

ST CRISPINS HOUSE DUKE STREET

NORWICH

NORFOLK

NR3 1PD

GB

All Officers:

 

q Mr Simon Furnival

Mr Jonathan David Painter

Mr Andrew Clive Turner

Mr Graham Charles Eke

Edited December 15, 2011 by TFD123
Spelling

[dadofholly]

They have had proof from the police.

But still want £7,000.00 from me as the debt is still on the car.

And as the police will not get involved I am going to the county court in the morning to hopefully have an injunction placed on MM.

I have drafted letters to all the relevant bodies today except police, as i am making an appointment to see acting Super (when he is available)

Ill try get on here as often as possible and keep you posted.

I thought it was theft but now it seems ( As its classed as Civil) the only case I have is that they took the car of private land without a court order which means if I go down that route I appear to be accepting liability that I was party to the loan agreement. Ill see what the court says tomorrow.

 

The Court cannot give you legal advice - only advice on how to basicly fill in the correct forms etc.

 

The Police are wrong by the way.

 

Also even if it is a Civil matter you wull not be admitting to being a party in the original loan by making a claim.

 

Have sent you a pm.

[TFD123]

DOH Thank You for PM please send details cant PM

[dadofholly]

Info has been sent.

[seanamarts]

Info has been sent.

 

would this info be beneficial to others? passing info via pm does not help others who may be following this thread and who may well be in the same position.

[dadofholly]

My concerns are that if things do not move quickly this company could sell this car, and then the OP would be left with what could could be a drawn out process for compensation, and possibly suffer a lenghty priod without transport to boot.

 

The OP was also talking about asking for advice from the Court - unfortunatley my experience is that Courts are unable to give legal advice only procedural advice. This could lead to errors in the claim when time is of the essence.

 

I have therefore simply advised the OP to take urgent legal advice from someone experienced in this area.

 

I have asked the OP to keep us updated on any progress for the benefit of others.

[TFD123]

Good Morning

I have been to the County Court this Morning and as you advised both on here and on your PM DadofHolly, I sought the advice of a legal rep before asking for emergency hearing. Good advice. Took all that I had into the court which proved I was the owner, also details of the conviction of the fraudster and an injuction was granted that MM cannot sell the car until a hearing has been arranged, so seems good there.

BTW the cost in UK for hearing is £175.00 no charge for emergency hearing unless a conclusion has been reached but as I now need a hearing i Paid £175.00 also for the benifit of others the cost can be NIL if you are on certain state benifits its worth a call to your county court before attending to find out if you are eligble for this.

Also if you need an emergency hearing be there as the court opens to get early hearing.

Incidently MM are registered with the Consumer Credit Trade Association (CCTA) who I emailed yesterday with a complaint, they acted very promptly by contacting MM this morning and asking for all info on this case for them to make a decision on wether MM are in breach of thier membership, they have just rang me and informed me that they are now investigating the complaint, MM will not be selling the car whilst this investigation is on going. We shall see. I have checked out CCTA and the are registered by the goverment, they were very prompt in their response and very helpful. Thank you for all the help. This the most rediculous situation I have ever been in as it seems so straight forward, even the court was amazed that it was a civil matter.

[TFD123]

This has to be written up and served by my legal rep mm are aware of it.

MM phoned me this morn and said they were not selling the car at this point until they carry out further investigations, I refused to speak to them and asked them to communicate by letter or email only, which the have never done before. CCTA have phoned back and asked me to inform them if there is any breakdown in communication between myself and MM and they would step in at any time, I explained that as I was not technically the account holder they will only communicate by phone so they said as far as MM was concerned I was the account holder and until they finish their investigation MM should communicate by email or post.

Now I am writing to the Director of MM to insist on this. Google the names associated with MM that i posted earlier very interesting reading with their associations.

[dadofholly]

Gald to see that you have the ball rolling and seem to have won round one.

 

Dont forget to claim from MM any Court costs and expenses incurred.

 

The Court woud have been surprised that this was a Civil matter because i do not believe it is. MM took the vehicle with the sole intention of depriving you of your own personal property - that is theft.

 

Would also report this outfit to the OFT - who issue them with their Consumer Credit Licence - as i don't think a company who runs it's operation in such a manner deserves a licence.

 

Good luck with your fight - am sure you will be ok.

 

Edited

Edited December 19, 2011 by slick132
Last sentence removed - refers to unapproved posts

[seanamarts]

Excellent news well done