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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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Mobile Money


EllyPS
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Hi

 

A mutual friend of mine & my husband (who is now my estranged husband) kindly bought a car for my husband to set up a taxi business on 1st Nov 2011. There was no business partnership, just a verbal agreement between the 3 of us that my husband would start to repay £50 per week from 2nd week in Nov to compensate our friend for loss of interest for withdrawing money from his savings account. We also agreed that from January 2012 we would start to set aside larger sums of money so that by then end of the first 12 months of the taxi business my husband would be able to repay our friend all of the money he paid for the vehicle plus the set up costs he also loaned him.

 

My husband left our family home on 1st Dec but continued to run his taxi business. He never paid a penny back to our friend although it was agreed that he should have been paying £50 per week. On Christmas Eve my husband was arrested on an assault charge & our friend took his car back only to discover that my husband had taken a loan against the vehicle with Mobile Money.

 

The issues are - my husband was not the legal owner of the car although he was the registered keeper but the V5 clearly states that it is not proof of ownership, Mobile Money state on their website that you must be the legal owner of the vehicle but they accept the V5 as proof. Mobile Money state that you need to show proof of income, my husband signed for this loan on 29th Nov - he would not have had any proof of income at that stage. The CA and BOS are signed by the same person - an employee of Mobile Money, also they show different figures for monthly repayments.

 

Can my friend argue that the BoS is invalid to protect his vehicle - it's locked away at the moment as he is afraid to use it in case MM turn up to take it away.

 

Thanks

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As per my response to your other post:

 

To answer your question, even though the purchase of the car was through a friend, the legality of who owns the car would be your husband (Unless a contractual agreement was signed prior to the car being bought). You friend under the data protection act, wouldn't be able to discuss anything with regards to the mobile money account with mobile money, as the loan lays with your husband and so couldn't even challenge the BOS as that is also in your husbands name.

 

Now depending on when your husband took out the loan with Mobile Money, the DVLA have recently issued and still in the process of issuing new V5 documents, which if the original V5 document is green and being held by mobile money, then the V5 is invalid and can no longer be used.

 

Now if your friend has proof that he is the legal owner, then the BOS and Credit Agreement do become invalid, as the money would be classed as fraudulently obtained by your husband. Valid proof would be a BOS from the place the car was bought, with your friends signature as ownership on the BOS and valid receipts of money to the amount of the car going from your friends account IE: Credit Card Transaction. With these and a good solicitor, it can then be argued that the money was obtained fraudulently and that though your husband is on the V5, the ownership belongs to some else.

 

Without anything as valid proof and I hate to be blunt, but your friend would be up a creek without a paddle and it would be down to your husband to either pay off the loan or contest the BOS.

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Hi I have to say I have been through all this.

I have had a satisfatory result to my case.

Is your husband willing to help you?

I will send you the link to my Thread as soon as I have concluded it today.

In the mean time keep the car hid preferably in a locked garage MM will definitly come for it and when your husband borrowed the money he would have had to give 3 references of people who MM could contact if the payments are not made.

It is a very difficult case to prove that a company such as MM otherwise known as Log Book Loans have done anything wrong if your husband was the registered keeper and had all the documents in his name.

My advice would be to get the owner of the car along with proof of purchase to go at 9am to your local county court and apply for an emergency court order to prevent MM from repocessing the car until you have made further enquiries. But as previously stated he will need to prove that he is the LEGAL Owner, with bill of sale and proof of were the money came from.

I got an order on the day although it cost £175.00 mine was to prevent MM from selling my car (Different Story)

If you are in contact with your husband and the car is registered at your home, I suggest he applies for a new log book V5 and get your friend to register the car in his name, he will have to explain to the DVLA if he wants to avoid another keeper on his car. The debt will follow the car no matter what until you get to court but you should be able to use the car without it being taken if the court listens to your EMERGENCY case. (GET THERE EARLY)

i recieved lots of help here and my case was similar i will post link soon and hope it helps

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Hi

Thank you for all this advice.

Good News! Yesterday my friend received a call from the operations director at Mobile Money to say they will no longer be pursuing the car and will return the V5 and MOT to him!! Apparently they will directly pursue my estranged husband for HIS debt, I have had an email confirming this. Let's see if they are true to their word!

 

Thanks again!!!!!!

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  • 2 months later...
:sad: HELLO AM NEW TO THIS FORUM WONDER IF I COULD GET SOME ADVICE,I AM A MOBILE MONEY LOGBOOK LOAN CUSTOMER,I HAVE SOME SERIOUS THREATS HARRASSMENT,OUT OF HOURS IE 11.30PM ,3.30AM 4.00AM BANGING AND YELLING DEMANDING MONIES OR THE CAR,DESPITE MY REQUEST FOR REDUCED PAYMENTS AS SERIOUS FINANCIAL CRISIS ,AFTER ALL THAT I WENT TO A SOLICITOR FOR HELP THAT FAILED AS MOBILE MONEY IN LONDON FAILED TO COMPLY AND CARRIED HARRASSING ME AND THREATENING ME,ITS GOT TO A STAGE THEY SENT A BAILIFF OUT WHO HAS NOT ONLY EXHIBITED MY PERSONNEL DETAILS TO THE NEIGHBOURHOOD AND ALSO TOLD THE NEIGHBOURS I OWE 3000 POUNDS AND HE WANTS MY CAR I BELIEVE THIS IS BREACH OF DATA PROTECTION AND THE THEY ARE CLAIMING ITS NOT. I CANNOT EVEN STEP OUT OF MY FRONT DOOR WITHOUT NEIGHBOURS ASKING ME HOW MUCH DID I BORROW AND WHY I HAVENT PAID THEM HELPPPPPPP!!!!!!!!! REALLY APPRECIATE AN EARLY RESPONSE THANK YOU
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Hello can someone please advice me if an unregistered baillif sent to can actually disclose my personnel details to my neighbours and the claim no its a data protection breach as the bailiiff claims the court has given them guidelines and he can do the law does allow them to do that please can someone advice please much appreciated.i have madeenquries and i have been advised its criminal please advice on DATA PROTECTION AND DEFAMATION OF CHARACTER .thank you

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Hello can someone please advice me if an unregistered baillif sent to can actually disclose my personnel details to my neighbours and the claim no its a data protection breach as the bailiiff claims the court has given them guidelines and he can do the law does allow them to do that please can someone advice please much appreciated.i have madeenquries and i have been advised its criminal please advice on DATA PROTECTION AND DEFAMATION OF CHARACTER .thank you

 

Tinsel

You should first of all approach the lender for an answer, before you get carried away, I should know.

Last time I got a nice payoff/discount due to LogBook Loans tactics

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Hi thank you for your advice,i had raised a complaint to a David Nicholls i got a response from the director who replied that he could not uphold ,my complaint ,so i responded to him with detailed incidents with the bailiff and my neighbours and residents,ask him to re- investigate which the company director has confirmed he will do so.

no one has any idea how am having to face residents everytime i step out of my house ,enquiring and questioning why the bailiff from mobile money is discussing my personnel details and exhibiting copies of my photo ID ,bailiff has made me look like a criminal.i just want the whole issue to be dealt in an amicable manner,not only thatthe bailiff also advised me of how the london branch manager does not follow the company procedure and the tactics that are used are illegal,and still they carry on bullying victimise and harrass vulnerable customers,i just hope the director is honest enough to see that wrong has been done to me and others if there is someone else. thank you i will update you once i have a response.

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  • 2 months later...
Hi thank you for your advice,i had raised a complaint to a David Nicholls i got a response from the director who replied that he could not uphold ,my complaint ,so i responded to him with detailed incidents with the bailiff and my neighbours and residents,ask him to re- investigate which the company director has confirmed he will do so.

no one has any idea how am having to face residents everytime i step out of my house ,enquiring and questioning why the bailiff from mobile money is discussing my personnel details and exhibiting copies of my photo ID ,bailiff has made me look like a criminal.i just want the whole issue to be dealt in an amicable manner,not only thatthe bailiff also advised me of how the london branch manager does not follow the company procedure and the tactics that are used are illegal,and still they carry on bullying victimise and harrass vulnerable customers,i just hope the director is honest enough to see that wrong has been done to me and others if there is someone else. thank you i will update you once i have a response.

 

What was the outcome here?

 

And remember, they are not bailiffs, just a bully boy vehicle removal firm employed by MM to intimidate you.

 

Try googling "Denial of Access Rights" for some template letters. But i doubt that it would work. Simon Furnival (owner), Mobile Money and their inbred staff think they are above the law and couldnt care less how they treat their customers. I know, I went through it all with them, and once they realised I was playing them for fools, they backed off and left me alone.

 

Hide your car and have a good nights sleep, and if pinky and perky turn up at ungodly hours, record them on your mobile phone and LET THEM KNOW YOU'RE RECORDING THEM TOO.

 

UKD!

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Hi Thank you

Well Simon furnival sent a respone to me with his findings. He has admitted that the reps were not bailiffs and that also apologised and confirmed that the reps would not be given copies of the agreement or any data and apologises for the inconvnience and then thanked me for bringinig it to his attention and also stated that the response sent to me would be his final response to my complaint about the data protection breach and that would await the ombudsman decision which we are,as for the damages and the humiliation for exhibiting my documents and the agreement copies all i get is an apology ,Simon has no idea what i have suffered and still suffering,i awaitthe response from the ombudsman and theni will take further for defamation of character n the data protection breach. will update you as soon as i get a response. tinsel31

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Hi Thank you

Well Simon furnival sent a respone to me with his findings. He has admitted that the reps were not bailiffs and that also apologised and confirmed that the reps would not be given copies of the agreement or any data and apologises for the inconvnience and then thanked me for bringinig it to his attention and also stated that the response sent to me would be his final response to my complaint about the data protection breach and that would await the ombudsman decision which we are,as for the damages and the humiliation for exhibiting my documents and the agreement copies all i get is an apology ,Simon has no idea what i have suffered and still suffering,i awaitthe response from the ombudsman and theni will take further for defamation of character n the data protection breach. will update you as soon as i get a response. tinsel31

 

Simon Furnival couldnt, and wont care less what the ombudsman's decision is.

 

We had a court order against Mobile Money ORDERING them to remove a clamp they had put on my car. They had until 3pm on the day to remove it, and they totally ignored the court order. Luckily a samaritan removed the clamp when nobody was watching (ive heard they got £80 for it on eBay too :-) )

 

Just be careful about this bunch of inbreds. They care not about anything apart from getting money from you. If it means breaking the law, in their eyes...... so be it.

 

UKD.

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Thanx Hun will do i have a solicitor involved and until the ombudsman make a decision they have suspended possesion of my vehicle on the grounds that i pay 10.00 a week towards my debt,which is difficult at present but as simon put it in writing to myself solicitor n the ombudsman i still doubt his confirmation ,

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