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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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Moneybarn - Return of Goods Order Suspended By Consent Order


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you don't need to tax/mot/ins if its off road and sorn'd and that's free.

 

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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Quote

 please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement.

 

 

I would at the least keep the insurance running...wouldnt want it to be stolen or damaged ?

We could do with some help from you.

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Yes SORN offroad, and keep insurance especially if its paid up for rest of  year.

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

 

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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Yes ive sorn'd the vehicle it is stored in a secure area. Thanks.

 

The insurance is one part of the area that puzzles me,

 

MB inform me in their correspondence  (what I interpret anyway) I no longer have an interest in the vehicle therefore surely im not obliged to pay 65.00 per month insurance for their benefit

- (just wanting to know if im legally required or obligated to insure,

im not saying im cancelling insurance,

 

I feel its a grey area when im informed on numerous occasions the agreement is terminated so would like to understand my obligation, or if any still remains).

 

 

 

 

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there is no legal remit that MB can use from their behalf, to make you insure the car.

 

there is some vague wording I expect stating you should look after their asset I expect.

 

 

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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  • 2 months later...

Well now we all seem to be getting slight normality back in our lives (although a long way to still to go) I feel its time to finish what I started with MB and tackle the first hurdle!!

Complaint Time!

Would a complaint have to be sent to MB initially?

I am finishing compiling my detailed list and if someone has some spare time I will upload the list as I feel im gonna need some assistance in actually compliling this detailed complaint, im sure DX will have some valid useful notes already 😁

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Oh dear I am having issues, not sure of the best opening paragraph to start off my letter of complaint. Its harer than I thought it would be 🤔

 

There are so many issues that need addressing, however I dont know if I should be summarising the issues im raising with directions to the relevant points; i.e Comms log page number, CCA, Documentation received (Letters etc), or going for full indept complaint.

 

Any direction appreciated.

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just list the various categories the complaint encompasses

don't go into specifics, keep them guessing..

 

 

  • Thanks 1

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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Share on other sites

  • 2 weeks later...

Ive amended my draft complaint again and again dont want it to be an essay, as suggested, im keeping them guessing as much as possible.

 

It has dawned on me I dont think I ever asked this question, as this does throw a big spanner at MB.

 

The agreement started 17/11/16 for 60 mths, but only payable over 59 mths. The end date stated 17/12/2021.

 

MB informed me the consent order payment date of 16th of every month was to keep in line with the agreement payment dates!!

 

So am I correct in assuming the actual first payment date was 17/1/17 then a further 58 payments are required to take it to end payment date 17/11/2021.

 

In effect month 1 is deferred (17/12/16) although they dont actually tell you that but the figures and dates on the paperwork infer that to be the case. Otherwise the agreement would be over paid by one month if 60 payments were made.

 

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not important.

 

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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Ok, 

 

I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.

 

I will keep to what I already know and stop over thinking further issues. 😁

 

 

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a dn can be issued even on one default payment.

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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  • 3 weeks later...

Update, advice please; 

 

Im receiving messages from Burlington

(I believe are part of Marstons) (Emails, text messages, phone calls)

They are asking me to urgently contact them regarding Moneybarn and to do so within 24hrs

 

Not sure if I should email them back or what would anyone suggest? 

 

Thanks

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they are simply powerless repo guys with a car transporter.

they have zero legal powers.

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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Ok thanks,  I wont bother replying.

 

Should I leave the car on the roadside to be collected, post keys off and amend the V5, or hangfire until everything is resolved one way or another?

 

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don't put it on the road 

it's not insured, taxed, mot'd

and still in your name.

 

actually re reading the thread....you don't want the car and it's one less thing to worry about.

 

if you wish contact burlingtons and arrange they collect it?

 

gets the court order out of your hair too.

then its just arguing with MB to do a VT 

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 said MB makeup their own rules

 

IMHO MB were wrong to refuse VT in 1st place

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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  • 5 weeks later...

and?

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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  • 4 weeks later...

Good evening, 

 

Sorry I have not been active online for numerous weeks unfortunately I have been seriously ill not fully recovered, but well enough now to continue on with my fight against MB. 

 

Will update my thread in full tomorrow along with  my prepared letter 😁

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No need for a long winded complaint 

Simply base it on MB breaches of

FCA Prin6 and 7

 

https://www.fca.org.uk/publication/final-notices/moneybarn-limited-2020.pdf

 

You can flesh it out later at the FOS

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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blimey hello TOR..:yo:

  • Like 1

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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Evening dx, certainly been a while 

 

Reading the SAR , the OP needs to relate the email from MB dated8/3/17 to the four serious findings in the FCA report in the link above and base their initial complaint on that .(PRIN 6 and 7)

Having told MB that the OP was away from their house at the time of DN issue, I can't see a DN argument bearing much fruit

  • Like 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...

No the info on comms log isn't quite right,

 

I hadn't worked since Xmas due to bereavement but I wasn't staying in Somerset since the Xmas.

The comms log is very deceitful indeed and after I had finished evaluating it fully I came to the conclusion MB are very manipulative, they lie, cheat and twist the truth, but it only takes the slightest slip up and everything crumbles.

 

You see in order for MB to have taken any further steps they have to be entitled to take them.

So when they lie and try to deceive the truth prevails 😊, so to send a copy of a Default Sums Notice dated 15/1/17 that doesn't exist on the log anywhere and Ive never had the original and then fail to include one in the SAR that is listed on the log as generated on 18/1/17 (not had this one either)  doesn't the consequence of that 1 act prevent them from any further action until the notices are served 

 

86 (e) Notice of default sums

(5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

 

 

 

But I am reducing the complaint and sticking to basics

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Morning 

I am sorry for this unacceptable delay on my behalf, I never thought a simple complaint letter would cause me so much stress along with anger towards this company 🙄

I only have this weekend to get things rolling.

 

I should be back at hospital Monday (as long as they don't cancel on me again) and won't be upto much for a while from then on 🤔

 

So please bare with me,

I need to condense my letter as it's totally long winded and off in points, I'm taking the advice given for prin 6 and 7, but was also considering prin 9, 

 

Trust is also a major part for me here: 

yes I did trust they had my interests and I totally relied on their advice and judgement, which I now know was all given with their own interest in mind not mine and for their own benefit and gains, no to assist me in any way. 

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