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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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madhouse5 v barclays***WON***


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*\o/* congratulations *\o/*

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Thanks guys, I couldn't have done it without your help.

[I][FONT=Arial][SIZE=1][B][U][COLOR=red][COLOR=blue]Barclays bank[/COLOR] [/COLOR][COLOR=blue]- £1260.00[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][COLOR=blue][B]Settled for £1774.20 - [COLOR=#ff00ff]7th June 2007[/COLOR][/B][/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][B][U][COLOR=red]MBNA - £1994.46 - [/COLOR][COLOR=red]inc contractual int[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][B]Settled for £2024.00 - [COLOR=magenta]16th April 2007[/COLOR][/B][/COLOR][/SIZE][/FONT][/I] [I][U][FONT=Arial][SIZE=1][COLOR=indigo][B]First Direct - £1147.00[/B][/COLOR][/SIZE][/FONT][/U][/I] [I][FONT=Arial][SIZE=1][B][COLOR=#4b0082][COLOR=indigo]Settled for £1147.00 -[/COLOR] [COLOR=#ff00ff]1st May [/COLOR][/COLOR][COLOR=magenta]2007[/COLOR][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=green][B][U]Capital One - £802.83 - inc contractual int[/U][/B][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=#008000]Prelim sent - [COLOR=#ff00ff]28th March 2007[/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=seagreen]LBA sent - [COLOR=magenta]19th April 2007[/COLOR][/COLOR][/SIZE][/FONT][/I]

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Well done Madhouse5

CONGRATULATIONS

Lex

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No, wish we were, it would cost too much for 5 kids and 2 adults. But we are paying off some debts, car needs some work done and we are going to save some as hubby is being made redundant end of next month. Boring stuff really.

[I][FONT=Arial][SIZE=1][B][U][COLOR=red][COLOR=blue]Barclays bank[/COLOR] [/COLOR][COLOR=blue]- £1260.00[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][COLOR=blue][B]Settled for £1774.20 - [COLOR=#ff00ff]7th June 2007[/COLOR][/B][/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][B][U][COLOR=red]MBNA - £1994.46 - [/COLOR][COLOR=red]inc contractual int[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][B]Settled for £2024.00 - [COLOR=magenta]16th April 2007[/COLOR][/B][/COLOR][/SIZE][/FONT][/I] [I][U][FONT=Arial][SIZE=1][COLOR=indigo][B]First Direct - £1147.00[/B][/COLOR][/SIZE][/FONT][/U][/I] [I][FONT=Arial][SIZE=1][B][COLOR=#4b0082][COLOR=indigo]Settled for £1147.00 -[/COLOR] [COLOR=#ff00ff]1st May [/COLOR][/COLOR][COLOR=magenta]2007[/COLOR][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=green][B][U]Capital One - £802.83 - inc contractual int[/U][/B][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=#008000]Prelim sent - [COLOR=#ff00ff]28th March 2007[/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=seagreen]LBA sent - [COLOR=magenta]19th April 2007[/COLOR][/COLOR][/SIZE][/FONT][/I]

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Cant wait for my court date now lol.

Well done madhouse x

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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I received my cheque this morning but they paid full amount by cheque instead of paying off overdraft and sending remainder to me. So I've got to wait for cheque to clear, pay for phone call (0870 number) to pay off overdraft. Typical of barclays not to get it right, oh well got my money.

 

Thank you to everyone.

 

madhouse5:)

[I][FONT=Arial][SIZE=1][B][U][COLOR=red][COLOR=blue]Barclays bank[/COLOR] [/COLOR][COLOR=blue]- £1260.00[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][COLOR=blue][B]Settled for £1774.20 - [COLOR=#ff00ff]7th June 2007[/COLOR][/B][/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][B][U][COLOR=red]MBNA - £1994.46 - [/COLOR][COLOR=red]inc contractual int[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][B]Settled for £2024.00 - [COLOR=magenta]16th April 2007[/COLOR][/B][/COLOR][/SIZE][/FONT][/I] [I][U][FONT=Arial][SIZE=1][COLOR=indigo][B]First Direct - £1147.00[/B][/COLOR][/SIZE][/FONT][/U][/I] [I][FONT=Arial][SIZE=1][B][COLOR=#4b0082][COLOR=indigo]Settled for £1147.00 -[/COLOR] [COLOR=#ff00ff]1st May [/COLOR][/COLOR][COLOR=magenta]2007[/COLOR][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=green][B][U]Capital One - £802.83 - inc contractual int[/U][/B][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=#008000]Prelim sent - [COLOR=#ff00ff]28th March 2007[/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=seagreen]LBA sent - [COLOR=magenta]19th April 2007[/COLOR][/COLOR][/SIZE][/FONT][/I]

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Excellent job, Madhouse.

 

Another one bites the dust!

 

:D :D :D

:D :D

:D

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Cheers for that spongebob

 

mad:)

[I][FONT=Arial][SIZE=1][B][U][COLOR=red][COLOR=blue]Barclays bank[/COLOR] [/COLOR][COLOR=blue]- £1260.00[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][COLOR=blue][B]Settled for £1774.20 - [COLOR=#ff00ff]7th June 2007[/COLOR][/B][/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][B][U][COLOR=red]MBNA - £1994.46 - [/COLOR][COLOR=red]inc contractual int[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][B]Settled for £2024.00 - [COLOR=magenta]16th April 2007[/COLOR][/B][/COLOR][/SIZE][/FONT][/I] [I][U][FONT=Arial][SIZE=1][COLOR=indigo][B]First Direct - £1147.00[/B][/COLOR][/SIZE][/FONT][/U][/I] [I][FONT=Arial][SIZE=1][B][COLOR=#4b0082][COLOR=indigo]Settled for £1147.00 -[/COLOR] [COLOR=#ff00ff]1st May [/COLOR][/COLOR][COLOR=magenta]2007[/COLOR][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=green][B][U]Capital One - £802.83 - inc contractual int[/U][/B][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=#008000]Prelim sent - [COLOR=#ff00ff]28th March 2007[/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=seagreen]LBA sent - [COLOR=magenta]19th April 2007[/COLOR][/COLOR][/SIZE][/FONT][/I]

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  • 5 weeks later...

I haven't been around lately, been into hospital for operation, now recovering well.

 

One thing I didn't do before going into hospital was cancel court case as money hadn't cleared into my account, which I now need to do.

 

Has anyone got a copy of letter to send to court to cancel claim please????

[I][FONT=Arial][SIZE=1][B][U][COLOR=red][COLOR=blue]Barclays bank[/COLOR] [/COLOR][COLOR=blue]- £1260.00[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][COLOR=blue][B]Settled for £1774.20 - [COLOR=#ff00ff]7th June 2007[/COLOR][/B][/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][B][U][COLOR=red]MBNA - £1994.46 - [/COLOR][COLOR=red]inc contractual int[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][B]Settled for £2024.00 - [COLOR=magenta]16th April 2007[/COLOR][/B][/COLOR][/SIZE][/FONT][/I] [I][U][FONT=Arial][SIZE=1][COLOR=indigo][B]First Direct - £1147.00[/B][/COLOR][/SIZE][/FONT][/U][/I] [I][FONT=Arial][SIZE=1][B][COLOR=#4b0082][COLOR=indigo]Settled for £1147.00 -[/COLOR] [COLOR=#ff00ff]1st May [/COLOR][/COLOR][COLOR=magenta]2007[/COLOR][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=green][B][U]Capital One - £802.83 - inc contractual int[/U][/B][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=#008000]Prelim sent - [COLOR=#ff00ff]28th March 2007[/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=seagreen]LBA sent - [COLOR=magenta]19th April 2007[/COLOR][/COLOR][/SIZE][/FONT][/I]

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The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

 

 

Notice of Discontinuance

 

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi Madhouse,

 

Here is the one I used, hope it helps.

 

To Plymouth County Court

Claim Number 12345678

Claimant Mr Lexander

Defendant Barclays Bank Plc

Court Date May 3rd at 10:00am

 

Under District Judge ***

Dear Sirs and Your Honour,

I wish to discontinue my claim against Barclays Bank Plc. After further negotiations with the Defendant, I am pleased to say that this matter has been resolved to my satisfaction without having to proceed to court.

Please convey my appreciation to District Judge *** for granting me a early court date, and I regret that I had to resort to these measure’s to obtain a satisfactory conclusion to this case.

Yours faithfully

Mr Lexander

Feel free to chop it about as you will

Lex

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Please don't rush, take time to read these:-

 

 

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This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks lex and saintly.

[I][FONT=Arial][SIZE=1][B][U][COLOR=red][COLOR=blue]Barclays bank[/COLOR] [/COLOR][COLOR=blue]- £1260.00[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][COLOR=blue][B]Settled for £1774.20 - [COLOR=#ff00ff]7th June 2007[/COLOR][/B][/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][B][U][COLOR=red]MBNA - £1994.46 - [/COLOR][COLOR=red]inc contractual int[/COLOR][/U][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=red][B]Settled for £2024.00 - [COLOR=magenta]16th April 2007[/COLOR][/B][/COLOR][/SIZE][/FONT][/I] [I][U][FONT=Arial][SIZE=1][COLOR=indigo][B]First Direct - £1147.00[/B][/COLOR][/SIZE][/FONT][/U][/I] [I][FONT=Arial][SIZE=1][B][COLOR=#4b0082][COLOR=indigo]Settled for £1147.00 -[/COLOR] [COLOR=#ff00ff]1st May [/COLOR][/COLOR][COLOR=magenta]2007[/COLOR][/B][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=green][B][U]Capital One - £802.83 - inc contractual int[/U][/B][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=#008000]Prelim sent - [COLOR=#ff00ff]28th March 2007[/COLOR][/COLOR][/SIZE][/FONT][/I] [I][FONT=Arial][SIZE=1][COLOR=seagreen]LBA sent - [COLOR=magenta]19th April 2007[/COLOR][/COLOR][/SIZE][/FONT][/I]

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  • 1 month later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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