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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?
  • Our picks

Chica v's Abbey again!!! ** WON POST OFT**


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Well after my success first time round, I'm now claiming back from September till now. Another £500 quid. I've sent prelim and LBA and here is the reply:

 

Thank you for your letter about the charges on your account. I have now carried out a full investigation on your behalf. I'm sorry you are unhappy with the charges and I understand you would like these refunded. I can confirm the charges were applied correctly, as you had insufficent available funds at the time. As we have previously refunded charges as a gesture of goodwill, I am unable to agree to refund any further.

I appreciate your feelings on this matter but we are satisfied that the charges do not contravene the Unfair terms in Consumer Contracts Regulations 1999 or common law. We also comply with the OFT, in dealing fairly and openly with our customers.

 

The OFT annoucement was in realtion to Credit Card default charges and not overdraft default charges or other products, such as Bank Accounts. This means our Tariff of Charges continues to apply.

When opening your account you were provided with information detailing the T&C's. W ehave also sent you regular updates and Tariff of Charges, which details the amounts of our charges. I have enclosed a further copy for you.

 

To avoid further charges, please ensure there is enough money in your account to cover direct debits and other payments made. I would also recommend checking youtr balance regularly.

 

You have asked Abbey to provide a breakdown of how our charges are apportioned. Abbey are not obliged to provide the specific information you have asked for. Our charges are not out of line with other financial institutions within the UK and are outlined in the T&C's of your account.

 

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a considered and complete response to all of the issues you've raised. I will keep your file open for 8 weeks and if I don't hear from you within that time, I will assumed everything is resloved and will close your file. If you remain dissatisfied though, the leaflet you'll find within this letter explains your rights and how to take your complaint further.

 

If you remain unhappy with the response form the Complaints Department, you have an ultimate right to refer your complaint to the Financial Ombudsman Service.

 

Yours sincerly, Gerry Kane Senior Customer Relations Manager.

 

 

Looks like its time to file a court claim again!!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 1 month later...

Claim issued 20/04/2007. Deemed as served 25/04/2007. Abbey has until 09/05/2007 to reply. Roll on my money!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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welcome back Chica....lol I'm on claim number 2 as well. Seems like they just don't learn...or even care

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 3 weeks later...

Have recieved the defence from Abbey. Exactly the same from my first claim!!! Do I need to wait for an AQ or do I submit my witness statement now? It's been so long since I've done this!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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wait for the courts if it was mcol they seem to be dispensing with the aq now

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 3 weeks later...

Having problems filling out my AQ!!! Need help with N150 Other information: When it says have you attached docs to this questionnaire...is that asking me to attached all letters etc again?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 1 month later...

Update on the case: Abbey were due to file their court papaers, witness statement etc by 4pm on the 13th. They didn't. This morning, I got a letter from them dated the 12th offering me £50 on a claim of £750. I don't think so....have I not won anyway seen as they didn't file the papers in time? What should I do about this letter? Thanks

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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oooo If they didnt file court papers then ring the court and see what you should do next, it might be worth you going ofr judgement, what papers were these by the way, were they in respect of an order by the court?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The papers were their witness statement etc. I phoned the court and was told i would have to wait until the 27th when it goes back to the judge for his decision. Should I write to Abbey and say thanks but no thanks for the £50?

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 1 month later...

Update:

The 50 pounds was applied to my account as a gesture of goodwill. The Judge gave Abbey a second chance to file their witness statement. It was due to be filed on the 22nd of August. Abbey still didn't file so I rang the court and they told me to request a Judgement by default!!

So yet again I won!!!

Just waiting for my cheque now!!

Thank you Abbey!!

Bank charges: Abbey won in 2006, Halifax won in 2006, Capital One won in 2006.

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  • 2 weeks later...

Hi chica,

well done and big congratulations for a well deserved win second time round. Result!

Well done

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

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