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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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creditor looking to call in charging order


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Hi all!

A long story short

( i have touched on it previously some time ago)

im happy to expand on the details if you want.

 

I have a charging order on my property,

there is no CCJ and its not from a financial institution.

 

Ex landlord who i rented a shop from and business collapsed.

He wanted £15K from me

i said no way

so he got a charging order attahced in 2008.

 

i paid a small amout of money each month but then stopped in 2009 and had last contact with him in 2010.

 

Now he has suddenly had his solicitor write to me stating if i dont pay they will push for sale of the property.

he wants £20K inc interest.

 

even though he has a charge against my property

is there a limitation on how long it can be chased? ie 6 years?

 

i have heard that the court feels 6 years is enough time to chase?

is this correct and would that tie in with why i have suddenly heard from the creditor?

i thought there is a 12 year limitation on secured but would like clarification.

 

There is no equity in the property

- perhaps £5k but after fees etc there would be none so it seems pointless he is chasing all of a sudden?

 

Is it a coincidence that its 6 years almost since last contact??

 

I have recently had a welcome charge removed from the property

could they have looked and now think there is the equity available?

 

there is no CCJ, im thinking maybe the order is interim?

 

Help!!

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I think the first thing you need to check is land registry to find out what if any CO exists. There must have been a ccj for there to be CO applied for, whether interim or final

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thanks for the quick reply martin!

 

the LR states under section C along with mortgage there is a registered charge ,

am i looking for particular wording?

 

There was never a CCJ

- well at least it never showed on my credit file and im not aware of one!

and i never went to court for any of this!

 

like i mentioned this was an individual business and his solicitor that i was fighting

 

just thinking .. if there was never a CCJ issued but they got a charge put on my property is that secured or unsecured? is it possible to get a charge added without a CCJ being issued??

 

there has been no payment or contact for 6 years!!

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just thinking .. if there was never a CCJ issued but they got a charge put on my property is that secured or unsecured? is it possible to get a charge added without a CCJ being issued??

 

there has been no payment or contact for 6 years!!

 

Secured does not require a CCJ

We could do with some help from you.

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I heard that the court looks at 6 yrs bring adequate time without contact even on secured?

Why have they contacted me now?

 

Many thanks!

 

A charge over property (rather than a mere restriction) is "secured" : it is secured over the property.

 

Once issued it doesn't have a limitation period : it doesn't become statute barred.

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Six years to enforce or execute a judgment...you dont have a judgment...you have a charging order placed as security against your property...it stays until the debt is settled.

We could do with some help from you.

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So if they are threatening to force sale now and there isn't any equity then they can't do anything? I have another property I live in with wife and kids they can't touch that or get charge on that?

 

Six years to enforce or execute a judgment...you dont have a judgment...you have a charging order placed as security against your property...it stays until the debt is settled.
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Once granted a final charging order, a creditor can apply for an order for sale.

 

 

This is a court order which forces you to sell your property and pay your creditor back what you owe them out of the proceeds of the sale.

 

 

From 6 April 2013, a creditor can't get an order for sale if the debt is less than £1,000.

There's no lower limit for applications made before 6 April.

 

There will need to be another court hearing, which it is very important you attend.

It is up to the court to decide whether to make an order for sale or not.

 

Equity is the amount of profit you would make on your home once the property is sold and the mortgage is paid off.

 

 

If there is little or no equity in the property, it may not be worth the creditor forcing you to sell your home

We could do with some help from you.

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Yeah that's what I thought, there wouldn't be anything left!

 

they can't then decide to take a different route once they realise there's no money in the property?

 

My home I live with wife and kids can't be touched?

 

will they not know there's no money until court or will I have to provide info before hand?

 

I haven't had contact with them for 7 years,

why do you think they've suddenly written now?

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I will need to check but i believe it relates to the property the CO was granted on and not your other place. Andy is best placed to confirm.

 

Who knows why they have started now after 7 years, could be due to activity on your credit file, have you made any applications recently? Although i have no proof i am certain they monitor them for searches/applications from past experience, as in collection activity seems to increase if i applied for anything.

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Hi Martin

yeah I recently had a welcome finance charge removed!!

Chuffed to bits that happened but opened the door to these chancers!!

 

I believe you're correct on it relating only to that property.

I wasn't with my wife when this all started and she put a considerable amount of cash into our home

 

there wouldn't be anything here for them as any equity is hers and I believe wife could refuse to have charge?

 

Also any charge would only be a restriction as its a joint mortgage so they'd never get any money that way!!

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Well there's your reason for them going at it now!

 

You are correct that they would only be able to put a Form K restriction on your current home if the debt it relates to is yours solely.

 

That means they are informed if the property is sold,

but not paid from the sale,

its an alert to let them know you may have some cash from the sale.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

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informed when it's too late..!

and they'd never get a penny cos it would be my wife's as per solicitors agreement we had done!

 

they're testing the water,

there's no money as no equity.

 

Hopefully they'll get back in their box!!

 

Is there anything else they can do? Bankruptcy?- I have no money.

 

CCJ?

- I have never had a CCJ from them even though they have a charge

- could that mean the charge is interim not full?

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Check whats registered at the Land Registry

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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

 

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Yes there is a difference, read the cpr link posted above

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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It should say either final or interim, there wouldn't necessarily be a hearing, especially if there were no objections made at the time.

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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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It's a charge listed under same section as mortgage

- is there some particular wording I'm looking for?

Would there be a difference between interim and full charging order?

 

 

You need to type up exactly what it says.

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Hi Ganymede is this enough or do you mean the whole thing including restrctive covenants?

 

Title absolute

RESTRICTION: No disposition of the registered estate by

the proprietor of the registered estate is to be registered without a

written consent signed by the proprietor for the time being of the

Charge dated **.**.**** in favour of *******

referred to in the Charges Register.

 

Charges Register

(**.**.****) REGISTERED CHARGE dated ** month ****).

 

just read the below section on the register which i paid for and downloaded .

. i thought this was full register so could there be more indepth info on full?

 

The following extract contains information taken from the register of the above title number.

A full copy of the register accompanies this document and you should read that

 

in order to be sure that these brief details are complete.

Neither this extract nor the full copy is an 'Official Copy' of the register.

 

An official copy of the register is admissible in evidence in a court to the same extent as the original.

A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy.

 

This extract shows information current on 29 JUL 2016 at 10:19:04

and so does not take account of any application made after that time

even if pending in the Land Registry when this extract was issued.

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An interim charging order will be registered as a restriction as youve posted, so it may never have become a final order.

You could call the LR to be sure what is actually registered

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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The ICO is the restriction

you don't have to register a second time with a FCO.

 

 

If you read part 73 73.10A 3(a)

"a) make a final charging order confirming that the charge imposed by the interim charging order continues,"

 

It will most likely registered as an ICO at the LR.

This explains it quite nicely near the end of the link http://www.inbrief.co.uk/property-law/charging-orders-relating-to-property/

 

This issue actually came up on another thread recently

I quite understand how it does due to the wording people thinking that the charging order is only interim

so it's not been "finished off" (for want of a better phrase).

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