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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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Hobnail
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I have NOT moved yet. It isn't even imminent.

 

So I'm being advised to tell the current DCA IF I change my address?

 

For all the latest DCA know I could have move house a year ago and how would they know? If they are going to do  a backdoor CCJ because I move house how are they going to know if I don't tell them?

 

If I move our mail will be forwarded regardsless.

 

But I hear what you guys are saying. If they cannot contact us and they do sent a letter before action to us, we need to know. Otherwise a CCJ could be brought against us without our knowledge.

 

Am I on the right thinking?

 

 

 

 

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No Court Papers are not redirected Royal Fail return to sender like Elvis's lost love.. They then go for a nice easy default.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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hobnail

are you understanding my comment about other consumer debt properly?

 

as opposed to what this thread is about a speculative invoice.. 2 dif things completely.

 

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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Okay I see.

 

That being said then I MUST inform them IF I move house.

 

So a registered/ signed for letter with proof of posting to the lastest DCA will do the job before we move house.

 

I take it shoud be signed by my other half who had the "fine" from the airport.

 

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Never waste your time writing to dcas it only gives them ideas way above their rank- which is still well below a dog turd mind you.

But the keeper should 

 write to VCS who will then inform the lesser human beings that work for them.We are talking at amoeba levels now and that was just for VCS.

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doesn't need to be registered just 2nd class with free proof of posting from any po counter, simply referring to their ref number giving your new address.

 

now debts on your credit file? have you any?

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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well done

 

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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I count approximately 10 letters in this thread demanding payment with no court claim issued.

 

Has it ever been discussed whether or not to send a cease and desist thus laying the ground work for a claim for harassment. I.e. put up or shut up...

Perhaps this is not advised so as not to bait the claim.

 

I wonder whether the fact the demands for payment come from different "companies" each time is by design in order to circumvent any cease and desist request, and whether this would actually be effective in doing so.

Edited by FruitSalad1010
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  • 3 weeks later...

Hello me again,

 

It would seem to me they have now escalated my partners "fine" to the next level. Witha letter before claim from ELM Legal arriving today 27th Sept.

 

See attachments.

 

As it's from a legal firm and stating extra "costs", is now the time to contact and send them a rebuttal letter?

 

I did notice the letter is dated 24/9/21 arriving 27/9/21 but claiming payment must be received before 23/9/21!!

 

Is this a scare tactic?

 

Looks like to me anyway I need to answer this letter.

 

Thanks in advance.

first.pdf two.pdf

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simply reply with one of our snotty letters.

there are 100's of elms/vcs airport ones in relevant threads

 

use our enhanced google search box

 

have a go post it up we'll check it.

 

they cant dictate payment 'times' they must give 30days for a reply anyway before/if they with to issue a court claim via northants bulk.

 

dont think they've won one john lennon case if it ever happens and IF (ESSENTIAL) its defended properly following our FREE advice.

 

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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I was about to post to ridicule them in the snotty letter stating that you don't have access to a TARDIS, but thinking about it, er, no.

 

Their mistake means they haven't respected PAPLOC and if they do do court you can bring up that you received a Letter Before Claim demanding you pay before the posting date of the letter.

 

Yep, as dx says, search for a snotty letter and post a draft up.

We could do with some help from you.

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

 

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My Road
My Town
My County
My Postcode

Date xx xx xx
 

Your Reference No. xxxxxxx

Dear Elms Legal,

 

With regards your letter date 24/7/21.


Thanks for the letter before claim. So you seem to think I owe you money?


I had a great laugh at the idea you actually thought I'd take such nonsense seriously and pay you my hard earned cash.


You see I know that your claim has no basis in law whatsoever.

Also your attempt at messing with the dates on the letter – dating it 24th Sept but saying I have to pay before the 23/9/21 is hilarious. I don't have the ability to time travel.

It's an obvious scare tack tick or the junior you got to write the letter is thick as two short planks!

So seeing as you now know that I know this, you have two options really.

Your can either drop this hopeless case or we will go to court where I will embarrass you and also go for unreasonably high costs.

It will be easy money for Christmas for the family and me.

Full Name.

 

DO I SIGN?

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Good - and fast - work!

 

Cut out the bit about time travel though, I know it was me who suggested it, but on second thoughts the fact they haven't complied with PAPLOC could be used against them in the future, best not to let on as they may then send you a fresh, decent Letter before Claim.

 

It's "go for an unreasonable costs order".

 

Write at the bottom COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD

 

If none of the other regulars have comments, invest in two 2nd class stamps tomorrow and get two free Certificates of Posting from the post office.

 

 

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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My Road
My Town
My County
My Postcode

Date xx xx xx
 

Your Reference No. xxxxxxx

Dear Elms Legal,

 

With regards your letter date 24/7/21.


Thanks for the letter before claim. So you seem to think I owe you money?


I had a great laugh at the idea you actually thought I'd take such nonsense seriously and pay you my hard earned money.


You see I know that your claim has no basis in law whatsoever.

 

 

So seeing as you now know that I know this you have two options really. Your can either drop this hopeless case or we will go to court where I will embarrass you and also go for an unreasonable costs order.

 

It will be easy money for Christmas for the family and me.

Full Name.

 

DO I SIGN?

 

COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD

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God no pc print

 

good work let it be checked

 

DX ....ftm is our master

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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Yes.

 

The letter you've prepared is excellent.

 

Just send it with your full name but no signature.

 

Get the two CoPs.

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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Hobnail you don't know Elms too well yet.

 

I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice.

 

They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.

Edited by dx100uk
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  • 2 weeks later...

Hello people.

 

I have now received two letters this week.

 

One from VCS ltd that basically says Elms Legal are dealing with it.

 

The other is from ELMs legal and it looks like they are going to take us to court!

 

They are saying "As advised legal
proceedings are due to start from 30/10/21"

 

It didn't say anything about this date in any previous letter. Is this just more BS and scare tactics then?

 

Didn't think it would get this far.

 

What is my next move?

 

My other half getting a bit worried as it's in her name and she's not up for court.

 

Cheers

 

IMG_20211005_0001.pdf IMG_20211005_0002.pdf

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It may be another scare tactic, but it's just as likely they mean it as VCS are the most litigious of the PPCs.

 

Anyway, yours is not the next move, you've told them to do their worst, you'll see in November if they have the gonads to go ahead and do court.

 

 

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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