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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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Repairing Credit Rating


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I've got a rather dirty credit history, done over royally back in the day and defaulted on some things but

 

they're all showing as "settled" on my Equifax report now. In fact my Equifax made for better reading than I expected.

 

More recently (2010-2011) I fell into a pay loan trap and I owe Wonga about a grand and Pounds2Pocket ~£600

but I've not even been in contact with them for about 18 months.

Neither are showing as defaulted on my report though, can that still happen at a later date?

 

One other outstanding item is a default on a Halifax overdraft, ~£900. This is the only thing on my credit file that is outstanding.

 

I have a phone contract and a credit card which are both in the green and helping rebuild a good history.

 

I'm keen to get my rating back on track, I'm in a well paid job nowadays and can actually afford credit, but obviously I can't get any.

 

Am I best focusing on getting the Halifax default sorted first, as that is showing on my report?

 

Once I pay that in full and it's showing as "settled", how long roughly until I can expect my credit rating to be "good" and well priced credit be available to me again? 6 months? A year? 5 years?

 

Thanks for the help.

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The only thing that is certain is that your CRA file will only ever show up to six years of history. Anything before that will not be visible to anyone who searches it, except maybe you. The history of an account is recorded up to the point where it is settled (normally) or where it defaults (for bad accounts).

 

So your Halifax default will disappear six years from the date it was made, whether you settle it or not. Obviously if you do settle it, this will show for any remaining time in those six years from default.

 

The PDLs could be a problem because they haven't defaulted yet. They could indeed do this at any time, and it seems odd after 18 months that they haven't. Any default would then remain on your file for *six years*, as would any missed payments. They will probably sell the debt to a debt collector vulture like Lowell, who will then default you and harrass you for the money.

 

You could possibly avoid this with an offer of Full and Final settlement. If your main concern is establishing a 'clean' credit history (presumably because you want a mortgage?) rather than saving money, then maybe this should be your priority to stave off hard-to-control debt collector action, although you can also make an F&F offer to Halifax.

 

I assume you don't have any CCJs but note that these also stay on for six years, unless settled in full within 28 days of judgement, in which case they are removed from your file (never 'registered').

 

Obviously make sure you don't miss a single payment on any credit accounts that are 100% reliable! Do not be tempted by any 'credit repair' services - they are snake oil salesmen.

Edited by marmaris30
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So your halifax default will disappear six years from the date it was made, whether you settle it or not. Obviously if you do settle it, this will show for any remaining time in those six years from default.

I presume it looks better settled than left unpaid though, or not?

 

Any default would then remain on your file for 18 months, as would any missed payments. They will probably sell the debt to a debt collector vulture like Lowell, who will then default you and harrass you for the money.

Yeah I've had all the vultures try chasing me; Mack Hall and various others. They are on the reject list on my phone so I don't even know when they contact any more.

 

You say here that a default on the payday loan will only be on file for 18 months? Why less than other defaults?

 

No CCJs or anything, just a lot of defaults, 2 in the past which are now "settled", one outstanding as above, and then these 2 payday loans which are outstanding but not defaulted yet.

 

I know the righteous brigade will tell me otherwise, but I'd rather not pay the payday loan **** if I can help it, but I do want to get my finances in order once and for all and if that's what it takes then I probably will.

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I just checked my Wonga account, despite the fact I didn't repay on my "promise" date of Friday 17th Feb 2012(!!) the account it still open and accruing charges on a monthly basis. I have no idea how long they will let that rack up before they default it!

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Sorry I meant 6 years when I said 18 months. Basically they aren't allowed by law to maintain any information for longer than 6 years, counted from the event, of which default or settlement is the last in the life of an account (although some DCA's break this).

 

Yes, settlement does look better than an outstanding account, especially if it's defaulted.

 

As I said, if you are in a position to make F&F settlement offers then that will shut down your problem the soonest, and it is best to act to stop the PDL scamsters from adding on more interest and charges.

 

The sooner you act to get your affairs in order, the sooner the negative reports on your CRA will stop, and the sooner your file will look 'good' again, although it's best to learn the lesson and avoid credit ever again unless you have no choice, such as for buying a house.

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Ok thanks.

 

I can't make any F&F payments yet, certainly not for all 3.

 

Wonga:

your account is 564 days in arrears

Today you owe £1640.76. View details

 

I wish they'd just defaulted it straight away, it's currently going from unaffordable to impossibly unaffordable.

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If they havent defaulted you yet and have left the account open for almost 2 years, then get complaining. loudly.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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OFT/FCA/FOS

 

They should NOT leave the account open that long, purely to rack up charges and interest for self gain. But unfortunately youa re dealing with PDL's who think the law doesnt apply to them, and the **** that runs them just laughs at you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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