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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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New strategy for Allocation Questionnaires


BankFodder
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If you have used the new strategy, was it successful?  

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  1. 1. If you have used the new strategy, was it successful?

    • Yes - the draft was made into an order
    • No - standard/other directions were ordered


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im wonding this also, whats the best to attach and most up to date to attach to my N150. When i did Lloyds i attached the following you can see in my Lloyds thead. Is this still correct? i have been reading post but i just gets more more confusing.

 

Can someone please put me in the right direction.

 

Thanks

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I have put together the bundle for court as in post #25 case management representations, to try speed things along a bit.

Do I include a cover letter or is fine to just send it in as this bundle?

 

Case against Abbey

 

Where can I find post#25 case management representation as I am also just putting my court bundle together and am feeling a bit fazed.

 

Thanks for your help

 

Yosemite

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Hello all.

 

Right i am just off to the Court with my N150 Allocation Questionnaire and as i am being blonde today i just want to check that i am taking the right papers..

 

The N150 form itself

Section H other information

Draft order for Directions..

 

Is this all i need, I will send a copy today to Abbey National Plc. I do not have to enclose the schedule, copies or statements, Statement of Evidence or copies of decided cases yet do i until i hear from the court with regards to the Allocation Questionnaire that i have completed..

 

Please tell me if i do need any of these now or have i got my Blonde head around it..

 

Thanks

 

Nicky :p

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Hi,

The N149 is now available online, and the section G box can easily accomodate the text which BF says should be stated on a seperate sheet. Is it ok to actually type this in section G, and therefore just add the rec draft order, rather than adding extra docs which are not needed?

 

In my mind, it sounds fine, and this may have been thought about earlier, but by page 10 I'd got a little itchy to find out! (sorry!!!)

 

Any advice gratefully received.

 

Peter

 

ps - has this worked at all for Barclays, seeing that the defence is alot more wooly than some other banks.

 

Thanks all

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Please please help

I am currently filling inmy N150, I fully understand A,B,C,D However In D under Witnesses I have put my name under "witness Name" do I include my husband also as he is also named as the Claimant.Also What do I put under "Witness to which facts!!!!!!:confused:

Also in D as my claim is substanuly larger than £5K do I automatically tick "FAST TRACK"

(E) I also understand.

(F)I have ticked "yes" and will attach the Draft order of directions as per the AQ template - Is this correct???? aprt from the obvious do I change any of the wording?????

(G) Understand to leave this blank

(H) totally totally stuck, so hopefully will break this down -

1st box tick yes

2nd box tick yes - However as I have not sent anything to the other parties, what do I put in the box "when did they receive them??????????

What does do I intend to make applications in the future mean, and what do I put.

Also what do I put in other information.

I'm having a real blonde day, and I know that people have stated read the guide to small claims, but I cannot efford it untill Friday, and my AQ has to be in by the 30/5/2007. HEEELLLLP:o

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I am claiming against Abbey for £4300 incuding interest and court fees and have received a letter to say that my case has been transfered to my local court and that the AQ be dispended with unless the transfer court orders otherwise. I have sent a nudge letter to Abbey (It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case) etc... should I also be sending a 'Draft Order for Allocation Questionnaire (is this the same as the 'Draft Order for Directions'?) and accompanying letter to the court? If so, should I also send a copy to Abbey?

 

 

Sorry for being a pain or a little confused but what does "Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 withing 14 days of service of this order' mean? It is part of the Notice of Transfer of Proceedings that I received from the court.

 

Any help or suggestions will be greatly appreciated :-?

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I am claiming against Abbey for £4300 incuding interest and court fees and have received a letter to say that my case has been transfered to my local court and that the AQ be dispended with unless the transfer court orders otherwise. I have sent a nudge letter to Abbey (It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case) etc... should I also be sending a 'Draft Order for Allocation Questionnaire (is this the same as the 'Draft Order for Directions'?) and accompanying letter to the court? If so, should I also send a copy to Abbey?

Yes.

Sorry for being a pain or a little confused but what does "Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 withing 14 days of service of this order' mean? It is part of the Notice of Transfer of Proceedings that I received from the court.

Ignore it - its just the standard wording on any order which has been made on the courts own initiative.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Please please help

I am currently filling inmy N150, I fully understand A,B,C,D However In D under Witnesses I have put my name under "witness Name" do I include my husband also as he is also named as the Claimant.Also What do I put under "Witness to which facts!!!!!!:confused:

Yes, you are both witnesses - to "all facts and matters relevant to this claim".

Also in D as my claim is substanuly larger than £5K do I automatically tick "FAST TRACK"

No, I would still tick small claims. For reasons put -

a) The claim is a consumer dispute, for which the small claims track was specifically designed

 

b) Overriding objective's require both parties to be on an even footing - the small claims track can provide for this whereas the fast track would mean costs exposure which would be a heavy burden for you but insignificant to the defendant

 

c) The law relating to contractual penalties is long established in both common law and statute - therefore the issues are of fact, not of law.

(E) I also understand.

(F)I have ticked "yes" and will attach the Draft order of directions as per the AQ template - Is this correct???? aprt from the obvious do I change any of the wording?????

Correct

(G) Understand to leave this blank

(H) totally totally stuck, so hopefully will break this down -

1st box tick yes

2nd box tick yes - However as I have not sent anything to the other parties, what do I put in the box "when did they receive them??????????

Send a copy to the other side, and put "sent **/**/** first class recorded delivery"

What does do I intend to make applications in the future mean, and what do I put.

No applications

Also what do I put in other information.

See the bottom of post #3 of this thread

I'm having a real blonde day, and I know that people have stated read the guide to small claims, but I cannot efford it untill Friday, and my AQ has to be in by the 30/5/2007. HEEELLLLP:o

Ok?

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I'm claiming against Citi at Morpeth & Berwick Court and was today disappointed to have received only standard directions from Judge Large - was worth a try though ! Full details of my claim are here

http://www.consumeractiongroup.co.uk/forum/citicards/91232-stornoway-citicards-incl-contractual.html

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Just subscribing

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Hi,

 

I don't know whether anyone is still wanting to know which courts are ordering the requested directions?

 

If they are, Basingstoke County Court has just ordered my requested directions in two of my cases, so it's looking good here :D.

 

Shame I bottled on one of the cases just one week too early tho... lol :(

 

Nikki :)

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

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Excellent - thats a brand new one to add to the ever growing list!

 

Thanks for letting me know.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary just to let you know that today I received the N159 from District Judge Ackroyd at Oldham cc and he has odered the draft order for directions in my claim, no need to go to court now though the Yorkshire Banks Solictor must have not wanted to go any further after she recieved the copy AQ DO and Section G she sent a cheque for all that is owed to me yesterday!:D

 

Thank you very very much you are a star, you all helped me to beat the Bankers.....:)

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Hi I am claiming charges and compensatory damages for my O/H against Barclaycard. The AQ and defence has been received now, but we desperately need some advice as to whether we should reply to defence and what to put in the other information box on the N149. can we attch the directions order on here or do we need to adapt it?

 

I have posted a link to my thread with full details. Please please help! #66 is where I have icluded the bit I am confused about.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/63394-millymollymoo-o-h-barclaycard.html

 

Many thnks if you can help.

 

Milly XXX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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AQ arrived today.

 

N150

 

Have until June 11th to respond.

 

Gary,

 

I have some complicating factors involved in this, and some unusual considerations to account for when requesting track allocation.

 

I could really do with some help here if you don't mind.

 

Could you please PM me.

 

ps, I also still have the info I previously PM'd you regards, and eager to discuss this with someone.

 

Regards

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Quick question for GaryH...... Abbey has filed defence and I wish to send abuse orders stuff to court - is it worth asking for my claim to be sent to Small Claims Court when it is for more than £10k. Could I request disclosure be required (in whichever court) without asking for small claims court? I would appreciate your help. Also i want to refer to the cases of mariejader and KellyJ, would a simple para giving the case nos be sufficient:-

 

All the best Aoife

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AQ arrived today.

 

N150

 

Have until June 11th to respond.

 

Gary,

 

I have some complicating factors involved in this, and some unusual considerations to account for when requesting track allocation.

 

I could really do with some help here if you don't mind.

 

Could you please PM me.

 

ps, I also still have the info I previously PM'd you regards, and eager to discuss this with someone.

 

Regards

 

PM

Will do...

Me too needing advice!

 

Milly X

Done.

Quick question for GaryH...... Abbey has filed defence and I wish to send abuse orders stuff to court - is it worth asking for my claim to be sent to Small Claims Court when it is for more than £10k. Could I request disclosure be required (in whichever court) without asking for small claims court? I would appreciate your help. Also i want to refer to the cases of mariejader and KellyJ, would a simple para giving the case nos be sufficient:-

 

All the best Aoife

Yes, no harm in requesting small claims - you may not get it but if its a simple charges + 8% then its worth a try.

 

The abuse order request in the Abbey forum contains a disclosure order request in the alternative anyway.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Smartellie v First Direct Won!!!!!!!!!!! (well i hope so)

 

Hi Gary

following your advice a few posts/pages back i submitted the AQ with your request for directions and N244 to amend particulars of claim as i had done myself out of about £1K. i have not heard from the court save as to arrange a hearing to discuss my amendment but i received a letter from DG Solicitors (which our frends and colleagues in the First Direct fan club will know and love!!) offering the full amount of £10,373 (including charges and interest up to 14th May so that includes the amended amount with the extra grand on top. I believe your directions and my comments for allocating for the fast track and standard disclosure with a few additional questions have really moved this on so a donation is on its way to you, you are all stars!!.

 

the offer has come with the standard letter requesting confidentiality however i do have a loan with FD which is secured on my house i am not in arrears and am paying more than the normal montly payment to get shut of it, i am concerned that they will offset it against the loan which obviously i don't want. My initial idea is to stipulate cheque payment within 14 days otherwise the legal proceedings will continue, First question can i do this, secondly, can i still go for a wasted costs order or is the previaling wisdom to grab it and run

 

all help gratefully received i don't want to cock it up at the last stage

 

kind regards

 

Ellie

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http://www.consumeractiongroup.co.uk/forum/show-post/post-873412.html

 

Just to let you all know about Fendy's BIG £15.5k win everyone !!!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Great news! Well done Ellie!!:D

the offer has come with the standard letter requesting confidentiality however i do have a loan with FD which is secured on my house i am not in arrears and am paying more than the normal montly payment to get shut of it, i am concerned that they will offset it against the loan which obviously i don't want. My initial idea is to stipulate cheque payment within 14 days otherwise the legal proceedings will continue, First question can i do this, secondly, can i still go for a wasted costs order or is the previaling wisdom to grab it and run

 

all help gratefully received i don't want to cock it up at the last stage

Yes, you can specify cheque payment although I don't think they are obliged to provide the refund by any particular specified method. They may just pay it into your bank account. Although I believe that they do have a "right of offset", I don't think its very likely at all that they'd offset it against the loan.

 

Yes, you should wait until you receive the settlment before you discontinue procedings.

 

Yes, you can still go for wasted costs. The court might reject it but there's nothing to lose.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi all,

I received an AQ N150 on Friday and i was just making sure , do i just print off post 2 of this thread as my draft order for directions and can i add a reply to the defence as they quoted the limitations act and none of my charges are over 6 years. If so what do i do.

 

Thanks Joe

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