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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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@Inchcapeuk Burton Upon Trent avoiding their consumer obligations


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Be careful, too many contributors to this post are happy to propose court at the first hint of trouble.

 

Too many people are jumping to conclusions without evidence.

 

I will always remember the Jaguar Guy, got his car damaged at a Jaguar Dealer by a faulty pressure washer. egged on by all and sundry to go to court. Lost. Nearly lost his house.

 

The Tyreweld bit is just an illustration of why you need to be 110% of your facts and try not to make your story, fit the facts.

 

H

42 years at the pointy end of the motor trade. :eek:

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Yes I appreciate that, I’m more concerned with getting nearly £1400 of costs I incurred due to works I feel they should have carried out before providing me the vehicle, now they are not even responding or answering my questions regarding there own inspection report. It has been going on too long now

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Hi BankFodder,

 

Would you mind passing you opinion on this before I send it off?

 

I have not received satisfactory resolution to my original email dated 25/01/2020 and subsequent emails regarding the faults on the vehicle which I bought from you on 24/01/2020.

Please see the summary of my requests from numerous emails once again,

Westover 4x4 £154.80 - Initial inspection fee to identify faults (Inchcape agree to pay)

Brake discs and pads £170.88 - The vehicle should not have been released to me with faulty brakes, due to Covid 19 lockdown and garages being closed I purchased the parts and changed the brakes myself to ensure the car was safe, vibration reported to Inchcape resolved.(Inchcape do not agree to pay as considered wear and tear)

Near side anti roll bar link worn quoted £165 Inchcape agreed to pay this (I have had the works complete for £76.35 included on Hypermotive bill attached)

Full service including timing belt change £845.69 (Quoted £1112.95) - Whilst I have been told by Gary at Inchcape that this service will not be reimbursed I would like to remind you that I paid for the extended warranty with Inchcape as attached and page 13 clearly states that vehicles with timing belts must be checked and changed in line with the manufacturers recommendations or warranty will not be covered. I therefore have to question why Inchcape sold me a vehicle and warranty knowing the timing belt was not changed and this would invalidate my warranty?

I am once again requesting a full refund of £1,247.72 on the grounds that the goods were not fit for purpose under the Consumer Rights Act 2015.

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

As you are aware, I have tried to resolve this with Toyota finance and yourselves and communication stopped from on your behalf.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

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I have now received an email from Toyota finance saying Inchcape are offering to pay for the brakes, Anti roll bar link and inspection fee but not the major service.

 

Still feel the correct service should have been carried out prior to handing the car to me?

 

Any thoughts on the above???

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What's the value of the service?

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What is the value of the offer they have made you?

I haven't paid close attention to this thread but by large I understand that you paid £17,000 for a motorcar which had defects.

You believe that for £17,000 you should have received a car without these defects and which had been properly serviced in advance – partly on the basis that the service would have revealed the defects.

Are you confident that there are no other defects?

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Total Value of offer now is £481.

 

Yes paid £17,760 for vehicle and reported faults upon returning home with vehicle back in January.

 

I believe all defects found from 2 independent garages which has cost me £1247.72 to rectify should be fully compensated.

 

The shock absorbers are now being replaced under my warranty but no other defects reported.

 

Should I just take the £481 or send the letter of claim and see if that gets the service paid for, court application will cost £106?

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Have you had a rigorous independent survey done now of the vehicle?

Have you had an MOT done?

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If it’s up to the dealers to do a oil change when the vehicle is due a major service which will not satisfy the warranty they sold me then I will take the £481.

If they are required to sell me a vehicle that complies with the warranty they sold them I will send letter of claim

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Well you know what the warranty says – and we don't. So you will be best placed to make that decision. Certainly 800 quid is a lot of money.

If I knew I would get another MOT done anyway. you may have a current one but you never know what another inspection might throw up.

Also I would have another independent inspection done. You might as well reveal all the defects you can while you are involved in this dispute

 

 

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Yes warranty says the vehicle must have the correct service at time or mileage for warranty to be valid!

To be honest I agree £800 is a lot of money but I am currently working 14-16 hours a day and don’t want to spend extra time on something that doesn’t have good chance of getting a positive result, morally I know I’m right but legally I’m not sure 

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Well it seems to me very straightforward. when you bought the vehicle was it due a service or had a service being carried out?

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Is this based on the mileage at the time? Is this absolutely provable?

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And is it completely confirmed that note service had been carried out ?

please reply and then please monitor this for a response tomorrow

 

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