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    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reason:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they follow this process and as a result the decision to enter an insurance contract in 2015 was fair. 1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that regards of the process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact that we find is that the correct process at the very serious suspicions of the call handler were overridden by a manager. It seems evident that either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that they do not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation and your decision has for the short of any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have ever seen the “process” upon which you are purporting to rely on your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of them exercise sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon. There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision that the reasons above, go to the heart of your own process and the quality of your investigation. I think it’s not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business and I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, provide me with any policies and guidelines the Independent Assessor route and also let me know the timescales involved.   Yours faithfully
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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
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    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
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Help: live in Nz, can no longer pay uk debts, wot to do??


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Hi All

 

Have been reading threads here and wish I had found this site yonks ago!

 

I was wondering if anyone could offer me some advice on my current situation

- is a little long winded so please bear with me:

 

I moved to NZ in April 2010 following the end of a relationship.

I was unable to sell joint house prior to leaving.

 

In order to complete my move I borrowed from a CC and an unsecured loan,

for whic I still owe approximately £22,0000.

 

The plan had been to pay them back with proceeds from house sale.

Not so, house has taken 4 1/2 yrs to sell, sold at huge loss and whilst it is due to complete next week, this isn't certain.

repossession Agents are waiting inthe wings if the house fails to complete.

 

I have maintained the loan repayments up until now and I can no longer keep them up at all.

 

I was considering bankruptcy but I have been out of the UK for over 3 yrs,

so thats complicated and asides from which, oddly enough, I can't afford to pay for it! (How ironic)...

... As of next Friday I will also no longer have a UK bank account.

 

What I have gleaned (i think) from the threads on this site is that I should write to CC & loan company

and tell them I now reside in NZ and provide my PO Box address (worried to say how long), cancel DD

(which will happen anyway as UK bank will be terminated next week)

and then wait for the nasty letters, which I then ignore and hope they don't send to an NZ DC, but if they do, re post on here and say help again??

 

Was hoping to return to UK next year for the first time,

which I would be able to afford once I don't have to maintain my UK debt

- might sound daft and just a little paranoid but I would be able to if they are looking for money??

 

Thanks in advance :oops:

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debt is civil in the UK it plays NO PART in entry or exit permission.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As far as I know you can only apply for bankrupt in the UK, if you have been resident abroad for less than 3 years. I don't think there are any special rules that can be used to get around this. But there are specialist 'bankruptcy from abroad' companies that you can contact, if you search for them. The UK debt registered charity Stepchange also has staff trained to help those people who have left debts behind in the UK, after emigrating.

 

In your position, I think you should register your NZ address with all creditors, with some form of proof confirming that you have been a resident of NZ since April 2010. When you write to creditors, also give them some details of your financial position and that you will not be able to maintain payments to them. Ask your UK creditors to ensure that your UK credit record is noted that you are no longer a resident of the UK. This should stop the situation of debt collectors buying the debts and then using UK courts as if you are a UK resident.

 

As has been said, debt in the UK is purely a private civil matter between you and your creditors. The creditors will no doubt use the debts to write off against tax liabilities and they often have some form of Insurance as well. They may chase you for the debts, but they cannot do much if you could not afford to pay. Eventually they will sell on the debts to debt buyers, which is why it is important for your UK credit record to show you reside abroad.

 

If you are resident in NZ, then theoretically they could apply for your bankruptcy in the UK and then look at enforcement in NZ. But I have not heard of this being done, probably because it could cost them thousands and they may not get this back.

 

I would suggest that you contact bankruptcy from abroad specialists and UK debt advisors, just to inform you, before you write to creditors, so you have confidence that informing UK creditors of your NZ address is a good idea and not something to shy away from doing.

We could do with some help from you.

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It really is bizarre. In order to go bankrupt I have to return to the UK and spend up to 12 hours in High Court in London, and pay for the pleasure. I am going bankrupt durgh! Or there's the sorry I was wrong re the date I left, or the debt just keeps on building in my absence, until infinity... Apparently the 6 yrs statute barred only stops from the date that they stop chasing the debt. Have posted my 'dear john' letters to CC Co and Loans Co today. Shall await their replies with some interest.

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It really is bizarre. In order to go bankrupt I have to return to the UK and spend up to 12 hours in High Court in London, and pay for the pleasure. I am going bankrupt durgh! Or there's the sorry I was wrong re the date I left, or the debt just keeps on building in my absence, until infinity... Apparently the 6 yrs statute barred only stops from the date that they stop chasing the debt. Have posted my 'dear john' letters to CC Co and Loans Co today. Shall await their replies with some interest.

 

This is where you need specialist advice. You should not need to come back to the UK to appear in court in person to declare yourself bankrupt. It does not make any sense anyway, because you would not be a resident of the UK and could not spend time with the court appointed official receiver. How would they deal with the fact that you are not in UK ?

 

I have a feeling that because you have had an ongoing financial interest in the UK ( the house that is being sold), that there are rules that make the 3 years being out of the country not applicable, so you could still apply for bankruptcy in the UK from overseas. I am sure that I have read something along these lines, but I would stress that I am no legal expert.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi - I did, and the quoted info is their advice, i took it as read they were right. Am waiting to check things out with another company - wasn't too worried, but not I am thinking I should..

 

The company I spoke with called it 'Personally Present Insolvency'. I would have to go before the registrar as i don't live in the UK. The house sale hopefully completes tomorrow.

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This is where you need specialist advice. You should not need to come back to the UK to appear in court in person to declare yourself bankrupt. It does not make any sense anyway, because you would not be a resident of the UK and could not spend time with the court appointed official receiver. How would they deal with the fact that you are not in UK ?

 

I have a feeling that because you have had an ongoing financial interest in the UK ( the house that is being sold), that there are rules that make the 3 years being out of the country not applicable, so you could still apply for bankruptcy in the UK from overseas. I am sure that I have read something along these lines, but I would stress that I am no legal expert.

 

If you have been out of the country and have for more than three years you cannot apply for banruptcy even if you use a UK agent.

 

However, if you come back to the UK and appear at the court in person on the day of your hearing, you can declare bankruptcy at any time - even after the three years is up.

 

As far as having financial interests, the bankruptcy hinges on where your centre of main interest (COMI) lies. If you have lived, worked and paid taxes in NZ for the past 3+ years, then clearly this is your COMI.

 

It may be different if you had significant business interests in the UK but simply owning a house doesn't fall under this rule.

 

The whole point of the 3 yr rule as I understand it is to prevent other EU nationals taking advantage of the UK's comparatively fairly relaxed bankruptcy legislation by hopping over the Channel for a day and decaring themselves BR and thus wiping out all debts in their home state.

 

Finally, they are wrong about the 6 yrs stat barring. The clock starts ticking either from the date of your first missed scheduled payment or from the date your creditor issued you with a default notice and NOT when they stop chasing it.

 

DCAs have been known to try to collect debts decades after they after they have been SB'd but this doesn't mean they become enforceable.

 

If you make any payment, no matter how ssmall, within this period, the timer goes back to zero.

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