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    • 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?
    • The number of firms going bust in September was at its highest since March 2020.View the full article
    • @BankFodder yes but it needs to be without me landing with a default or it affecting my credit rating ?   We have quite a bit to think about let me return from holiday relaxed and recharged ready to attack in a tactful manner    Many thanks 
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BAZNEW1 Vs Barclays and Barclaycard


Guest baznew1
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Guest baznew1

Hello All.

I have just returned from the Post office here in the States.

Sent out Registered Letters to Barclays and Barclaycard with enclosed 10 Quid cheques for DPA with SAR note.

Cost me $ 21.00 but worth the gamble I thought.

The good thing is that they have to sign a special card that gets sent back to me too.

It takes about a week to get to the UK because this type of letter can only go under "lock and Key". Also you get a tracking number for web checking.

So their clock will start ticking from the date I see they received it.

From now on I'll be reading up as much as possible on site.

I'll keep you posted.

good luck to everyone and thanks for the advice Bookworm.

Laters Baz

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just out of interest....

do you know how bank charging works in the good ol' US of A?

 

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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Guest baznew1

I will Caz.

One, They charge $39 dollars here. but they have these snidey tricks like posting a larger cheque to just make you over draw, then post as many smaller items , even though they were made earlier than the larger stuff. So you end up getting 2 or 3 charges.

Then you go down to the branch and they just remove some of them if youre lucky, its just one big [problem].

I'm looking into the laws here to see if this stuff will apply too. I'd love it if there is.

Anyhow, I'll let everyone know what goes on

all the best

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  • 4 weeks later...
Guest baznew1

OK I now have confirmation that Barclays AND Barclaycard received my SAR' s on 13th April 2007.

I've just sent an e-mail to Krista at Churchill place reminding her that her department have now only until May to respond.

I've even been good enough to offer re-imbursement for additional postage should they need it,,,,BLESS EM.

But that I will be claiming this sum back should I make any claim in court against them.

I'll let you know, what she says. Bless her cotton socks.

 

As an aside, I had some charges made on my American account over here $108 dollars. The buggers refused to refund when my wife went down to the branch.

So I went down all polite, like.

I asked if they were tied to Bank of America, because that is how they operate by posting a large debit first then smaller ones after so you get charged more often.

 

The manager said no they dont "Its just a policy so that people can pay their mortgages and dont default"

(Codswallop).

 

In her next breath, she said all charges were refunded right there and then.

I imagine its because I'm so extremely charming and handsome that they refunded.

 

 

So my American quest is now underway too. This will be on a separate thread in case theres some ex-pats on here.

I just got to read up on their charging system here first.

 

Good luck all

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  • 4 weeks later...
Guest baznew1

OK, just today got back the Barclaycard statements, with what I assume is the standard "here are your statements from 2004, blah blah the rest is on microfilm which takes 6 weeks to process, we do not consider microfilm statements to fall within data protection etc, but as goodwill gesture we are happy to provide".

They received my letter on 13 April 07. They sent out their letter on 16 May 07 ( they love to keep you waiting dont they?) so 33 days, OK they are safe so far.

Now do I send them a template letter after the 40 days is up for the remaining info, which I am sure has a lot more relevant charges on it. ( theyve been charging 12 pounds per late charge since 2004).

 

Also, I sent Barclays the same letter on the same day, but didnt get a return receipt, so I'm assuming it wasnt accepted at Churchill place. The F******rs might know it takes the US postal service up to 60 days to track letters (dammit).

Is it best for me to now contact local branch via phone fax etc to get my statements or say to head office they received letter the same time as Barclaycard?

Its a real pain.

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  • 1 month later...

Good luck with your claim, and you are welcome to my letter templates if you wish! You may decide not to claim for the "Unauthorised Overdraft" rate depending on the outcome of my claim, but I am going to see it through either way.

Be carefull also, as you will need to make an MCOL application using the UK system, and will need a UK address to do so. Also be prepared to catch a flight over if you need to!

Good luck, I will follow your thread with interest (pardon the pun!)

Boba

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Guest baznew1

Thanks Boba

I'll use my parents address when the time comes.

I'm wondering if I could claim flights due to the fact that Barclays settle just before court, Maybe I could add it to the schedule of charges. (LOL free trip to Blighty, is it raining?)

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Guest baznew1

i was also planning on claiming the additions charges as well on a seperate schedule. I saw something similar on CAG but cant find it, anyone know where it is?

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i was also planning on claiming the additions charges as well on a seperate schedule. I saw something similar on CAG but cant find it, anyone know where it is?

 

You can't claim the additions charges unless you were misold the service. As this is a fee for a service, not a penalty charge.

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  • 2 months later...
Guest baznew1

Heres an update.

I complained about additions, got a letter back saying they would look into it.

So I sent another letter stating I want additions removed.

Got letter today from customer relations in Leicester and a full refund of 620 pounds.

They couldn't find record of me asking for the service, (I didnt ask for it).

At least its a start.

Now all I have to do is is start the claim for charges when I return to Blighty next month.

I'm looking forward to this.

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Heres an update.

I complained about additions, got a letter back saying they would look into it.

So I sent another letter stating I want additions removed.

Got letter today from customer relations in Leicester and a full refund of 620 pounds.

They couldn't find record of me asking for the service, (I didnt ask for it).

At least its a start.

Now all I have to do is is start the claim for charges when I return to Blighty next month.

I'm looking forward to this.

hi,baz,just started the additions complaint,what else did you put in letter asking for removal.take it you didnt give them the time they asked for to look into it.tez

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Guest baznew1

Hello Tezl

heres my letter, you can use it if you wish.

Dear Sir / Madam

I am in receipt of your letter dated July 2007.

In your letter you “assume” that I was happy to be charged for a service I did not request.

Let me make it perfectly clear to you that I am in no way, whatsoever, happy with such a “service”.

Please remove it immediately.

Also, I request that the charges you levied on my account due to going over my agreed overdraft because of the Additions charges be refunded to the account.

Additionally, unless you can supply me with adequate documentation that clearly shows I requested this “service” from your bank, I require ALL charges for such service refunded immediately.

If the charges are refunded, then I will take no further action, either by way of Financial Ombudsman Service or court.

Please note that I deem this account to be in dispute and request that no charges or interest be added to it until this matter is resolved.

Finally, this issue is in no way related to any of the provisions set out in your leaflet entitled “Unauthorised Overdraft Charges Court Action” and as such, will be dealt with seperately.

Sincerely

 

One thing, make sure you do not sign the letter, maybe I'm paranoid but they could always copy it and say you signed for something.

It seems to be generally the rule of thumb when dealing with Barclays.

Good luck

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  • 1 month later...

nice one tezl... will be def. looking into my additions (plus) accounts (x2).. I vaguely remember my husband taking phone call when they 'upgraded' our joint account... and telling him we would get a connect card each ... he got one and I never did despite asking in local branch, so when I paid money into joint account, I could never get it back out via a cash machine! This is the account I am claiming the penalty charges on and had forgotton all about the fact that I was never issued with a debit card!

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hehe.. and there he was peacefully asleep...

I think I used the breakdown service once though but could say that was on the other account... worth a try though will compose letter and post when strike over

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