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    • @Manxman in exilethank you for your input its very appreciated yes I've limited time will see what I'm dealing with when I get back 
    • 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 
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have done i 'll start doing the mcol if i need help i'll let you know, probably will what will happen know when i file my claim how long have the bank got and what normally happens

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hi again took your advice and nearly finished but something has bothered me my toatlcalim including the 8% interest is £4841.94,with the costs of £120 total claim would be £4961.94 if i add interest which i work out to be 86p per day please correct me if i am wrong!!!(not sure i have calculated corect as i am not claiming any overdraft interest) if the bank doesnt settle within about 40 days then my claim may go above the 5 grand threshold for the small claims what would i do then

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  • 3 weeks later...

just received a letter from yb solicitors saying that they are not willing to refund charges and offer £200 in full and final settlement attached an acceptance form

what do i do with this obviously im not accepting just them to court today as not had the money before now

should i just not reply yo this letter and continue with court

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  • 3 weeks later...

Usually they have 28 days from acknowledgement of service to subit a defence. I have just had that happen - they waited until 3 days before end of 28 day limit. I have been told that I just wait to hear from court and I will be send an Allocation Questionnaire which I will have to fill in and return so that a hearing date can be set. Not looking forward to it - despite re-assurances that YB are notoriously bad in settling until they are pushed into a corner.

 

Have a read through some of the success stories - they will cheer you up and give you some good ideas for how to prepare. They will also help you realise you are not alone in dealing with these barstewards. If it hadn't been for this site and the fact YB owe me almost £7000 I think I would have given up.

 

Keep going - it will be worth it and think of all that money in your account and the fact that you have stuck two fingers up at YB

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Yeah - I was almost tempted to give up when I had to decide whether or not to go to court but they owe me too much. What decided it for me was the strange transactions that I noticed on my statements whilst trawling through for the charges - like a £32,000 loan that I have never had.

 

Keep me posted - from all the stories I have read YB are the worst for leaving things til 11th hour - including making full payments less than 30 minutes before court hearing.

 

Just concentrate on the fact that if they have to go to court they will have to reveal the true cost of their service and they are trying to avoid this at all costs because it is nothing like the penalties they inflict on us for being overdrawn.

 

Keep going and keep posting.

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  • 2 weeks later...

still not heard anything just a letter from yb stating that from now on thier solicitors will be sending all correspondence

just so i have it reight they have 28 days from day of service which is 5 days from date of issue 30th may

the date of service is 5th june so that would make it the 3rd of july they have till

when this is do i do nothing and just wait to hear form the court

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  • 1 month later...

hi not been on for a while jost got married 2 weeks ago been very busy

nothing seems to be happening with my claim the last i have heard is about 2-3 weeks ago the bank sent a defence to the court saying they were defending all the claim and a copy of there defence

a week later i got the same thing from the court with a letter saying that there were 2 options but but ii thought the next step would be the AQ but i have not heard anything

no having seen the news and read the paper about this test are all claims going to be put on hold until this has been done

anybodys help please getting quite stressed out with this it will be just my luck that they'll decide no one can have any more charges back

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Congratulations cabsi - did it myself two months ago after living with toyboy for 19 years - he's not much of a toyboy now but he'll do.

 

Take heart - I am in court on 12th September - AQ dispensed with and have only been allocated only 15 minutes for hearing. Was worried about this but Caro says it may be because courts are now getting wise to YB's stalling tactics and not having it anymore so are cutting down opportunities for them to stall any longer and only giving short hearing times as they are not turning up to defend themselves in court so court won't waste hearing time on them any more.

 

Hopefully this is correct. Haven't heard how test case went today so result of that may give us better idea of how cases will go in future.

 

Keep going - we will win - they owe us and have done for a long time.

 

Jenni

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cheers just been reading on abbey website and it say it could take upto a yearand also that banks maybe able to put claims on hold until resolved

do you mean that they no longer bother with the AQ

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Seems to be growing trend to do away with AQ's - seems to be a way of saving courts time.

 

reading threads on this site - would appear to be a current trend as there are now links to site saying what to do if AQ is dispensed with and how to proceed.

 

Not sure what will happen with test case - apparently could take a year before there is any decision and it only seems to be about whether or not banks should disclose their real charges.

 

Am hoping that banks will not be able to get a stay of judgement until test case decision.

 

Could do with my £7000+ back now.:(

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do you think i shouldcontact the court as i have heard absolutley nothing from them. one of my mates who is claiming has also heard that with this test case goingon somepeople are contacting their banks direct and some are settling or making decent offers. wether this is true or not i dont know. on one of the other threads i ve been following from lloyds they had a court date and called lloyds direct and they settled in full over the phone intrest costs and extra

maybe worth a try

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yeah so ive heard trust me to have one of the most difficult banks.

dont know how they can even begin to think that they can justify their charges £35 for returning something then £8 a day and the a further £25 each month how could anyone believ it costs this much to return a cheque or dd. i might try and contact them but like you say probably get ignored anyway

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