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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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Mass complaint ;Add your name here if a dca has acted incorrectly with your account.


MARTIN3030
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CABOT - KINGS HILL No1 for not sending info related to requests for CCA's and SAR's.

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Intrum justicia,moorcroft ,face to face, to name a few- all harassed - face to face called to the door...even after an interim order was made and an iva completed (lump sum iva)!!! Nationwide(bs) and A&L dca`s also ... am wondering if I can sue...the iva meeting was july 06, iva completed nov 06, still getting hassled.

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Capquest

 

Non compliance with my CCA Request, sent me a deed of assignment and nothing else.

Buying this debt and asking me to pay without all the relevent paperwork as they have said they need to contact the people they have bought it from.

 

Still adding interest to the account despite claiming it was on "hold".

 

Account is also in dispute.

 

Update -

Still no documents received, but they have sent me a nice letter today saying pay up or else, Will be keeping this as more evidence against them.

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NCO - harassment, ringing me up even though they have been told to only correspond in writing. trading standards west yorkshire currently dealing with my complaint, but have told me that on the national database NCO havent been flagged up.

 

 

I am dealing with RMA (Risk Management Alternatives) which is "part of the NCO group of companies". Also calling up daily. They have my Amex debt.

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Direct Legal & Collections for taking me to court under false pretences. Numerous breaches of the Data Protection Act. OFT guidelines and the CCA. Chasing a statute barred debt. Harassment. :-x

 

 

Cabot - Data Protection Act breach, CCA non compliance. Harassment and generally not playing nice.:razz:

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

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CapQuest

 

wont reply to a CCA request

Wont reply to a DSAR

Wont refund monies paid to them so far

Tell Trading Standards they had 'dropped' my case - but they still call me 6 times a day every day to harras me for the money i dont owe them

Have registered a Default twice on my account, even though they shouldnt apply any...plus had no warning of this

 

All the fun of the fair!

People who haven't made mistakes, haven't made anything!

 

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Aktiv Kapital;

 

repeatedly chasing Mahala for a debt she insists she does not owe. Ignoring CCA request and then writing back to her stating that they'd replied as required and that she should now start paying. Raising a Claim against her at an address they knew was not any longer in use, and thereby gaining a CCJ through her not knowing of the action. Ringing ME on my private mobile to discuss her account/talk to her/harrass her.

 

You name it they've done it; in the past the letters were extremely threatening and so on, they used to call her at all sorts of odd times to demand money...

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Ok there is one company that has really got my back up...

 

Can you guess, who they are ??? Go on guess !!!

 

CABOT

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Moorcroft - didn't send me any letter ti inform me they had now been asked to recover the debt, just sent a nasty man round to my home who threatened me with all sorts telling me they did NOT need to go to court to get the bailif round, and made me come to a payment arrangement. Sent a request for a CCA off, and they told me they have NO intention of supplying it because they DON'T have to as I have made payments to them already.

 

WESCOT - still not supplied me with my requested information. Phoned me up demanding payment. Told them it would be a week late. Refused to accept it. Told me it would go for further action despite me telling them it was just going to be a little late.

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A couple of years ago I had an unpaid phone bill with T-mobile. I'd moved house and thought I'd cancelled the contract and settled fully. Eventually I gota letter from BCW demanding immediate repayment of the 70 odd pounds or offering a payment schedule of £30 a month by standing order. After checking my bank account I realized I hadn't made the final payment to T-mobile to I sent back the standing order form to BCW.

 

The standing order form was part of the letter they sent to me and I returned the whole thing with the standing order filled in. Imagine my surprise today when I received some of the information requested in my SAR to my bank and the whole letter from BCW including threats of court action etc. had been forwarded on to my bank.

 

Data protection breach?

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Direct Legal - Hillsden Securities:

Sending letters to an address that was not a real address but close enough to allow them to be delivered to my girlfriends parents home. When challenged they removed it from the system, only to add it back again a few weeks later and to start sending them again.

They claim that they got the info from Experian who have no record of this address.

DLC have recently added this incorrect address to my credit file and linked it to my previous addresses!!

 

I believe that this address was passed to them from my ex housemate who had a bit of a grudge and wanted to cause problems.

 

They now have registered another incorrect and mangled variation of my current address and added this also to my credit files.

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Global Debt Recovery Services Limited owned by Alliance & Leicester

 

For collecting payments from me over a period of 4 years without being registered with the IFO and being registered with Companies House as non-trading.... filing dormant company accounts.

 

Global Debt Management Services Limited have now entered the 12 day default for non-compliance of a CCA request.

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Just an addendum to my original complaint about Westcot.

 

I wrote to Hull Trading Standards about them in October to complain about their non-compliance with a cca request. Westcot claimed to have purchased a debt from Ikano in January 2006.

 

I quote from my (eventual) reply from Hull TS

 

"I have now approached Westcot on a formal footing and it transpires they are NOT the creditor of the debt and as such have no legal obligation to fulfill a request made under the Consumer Credit Act. Instead the creditor is in fact another company. You shold have been informed of this on the Deed of Assignment which should have been sent to you.

 

As Westcot Credit Services Ltd have not failed to fulfill any legal obligation no action against them is contemplated.

 

I understand though that Westcot Credit Services Ltd have now acquired a copy of the original agreement which has been sent to you. I hope and trust that this clarifies things for you"

 

No it doesn't

 

I even enclosed with my original complaint, a letter from Westcot clearly stating that they had purchased the debt from Ikano in January 2006. Their stance never changed from this and I have had no deed of assignment to say that they have subsequently sold it on. Therefore, during the time I was asking for the Agreement they did fail in their obligation to supply, they were the owner of the debt (according to them) and they therefore, have committed a criminal offence.

 

Also, when they did (eventually) forward the Agreement is was improperly executed (only signed by me and not by Ikano)

 

This surely raises more questions than answers and how on earth can Trading Standards be saying this despite having in their possession a letter from Westcot stating that they own the debt?

 

I am about to draft a letter to TS but, I need to calm down a bit first :mad:

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CAPQUEST and H L LEGAL, for adding further court costs and solicitors costs,( even though they are not supposed to be solicitors from what i read on here!) new total of an extra £190 today! to my direct debit which i stopped because i cant afford to pay it, they are trying to screw me for hundreds of extra pounds every time im skint and cant pay they are just bullies and parasites!

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OH I also fogot to mention CAPQUEST again after hundreds of phone calls to a phone that i just borrowed to ring H L LEGAL, when they sent me the last Demand of court costs and solicitors fees a couple of months ago!! they just keep adding court costs to my account even though i havnt even heard anything from any court!!

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