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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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Reply from hsbc


molly1959
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Hi

 

I have sent off copies off charges to solicitors, so just have to wait to hear from them. I am just trying to do daughters boyfriends he is with HSBC but the layout of his account is differant and you have to go back to the begining of the statement and go through all the years:mad: His go back to 2002 and it just says total charges and not if they are dd/so etc so am i ok to just put total charges for all of them on the spread sheet?

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Hi

Not sure if any one can help We had a loan with Endeavour Personal Finance for 6,500 think it was in 1996 we took it out any way fell into problems paying it they took us to court to reposse our house but they were not allowed and judge told us to pay think it was around £181 a month we had 4 years left to pay so we never missed a payment when the 4 years were up i rang them to say we were all paid up, They then told me we had not paid any interest in the last four years and still owed them £8,000 i was near suicidle by then they would not budge but in the end we had to remortgage to pay it off. I have not got any details of my account number with them. Was wondering if i would be able to claim any charges back as we were always getting charged for letters late payments etc and a £6,500 loan cost us about £15,000 think it was around dec 2004 we paid it off.

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If you have recived charges for late payment and the like and you feel the ammount charged was exsessive then why not put in a claim against them. You will of course need all the details of the charges.

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Hate hsbc even more now, went to see them on friday as we are struggling with our mortgage and our overdraft is going up and up because of charges not at all helpful wouldn't add o/d to mortgage said i would be better off selling up and getting a cheaper place and pay them back, as i told them we only bought an x council house so not exactly living in the lap of luxery. They asked why our mortgage d/d had been cancelled and have we got another bank occount else were i denied we had, as my mortgage payments are going out my daughters account. I asked could they not freeze the interest on my o/d no chance they said, this was all from a kid who was no more than 19 She did ask me if i had thought of claiming bank charges back, so i acted soft ha ha not hard to do, i didn't say i was so it must not come on screen that we are doing this so i will be trying my best to get a chq back from them as not much they can do about o/d and i am still, paying my mortgage all d/d go out of my other account. Well thats my rant of my chest feel a lot better now.

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Hi

 

Just looked on my notice of issue it says '' Your claim issued 26th june the court sent it to defendant by first class and will be deemed to be served on 1st july. the defendant had till 15th july to reply. Then i got Notice that acknowledgment of service has been filed that just says on the front 28th june so which date do i use. Thanks

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i'd say you could start checking the status of your mcol claim around the 24th of july - just check each day - to see if it's changed - you might try pressing the judgment button once each day but don't keep pressing it - i know someone who did and it caused a bit of a meltdown on his claim. by the 24/25th i bet they have filed a defence and it will say "you can not proceed on mcol".. then you know they have defended.

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Hi

 

Today my daughter and i received an offer of HSBC say's without predjudice and they are not admitting liability. The offer is around £500 les than each claim and they are saying it is a full and final settlement. We have got 10 days to reply. We don't want to accept as have already done mcol and thay have only got till 29th july to defend claim. The address to reply to is still Hsbc what is my best move to take now.

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You can send a partial acceptance letter accepting the offer on the basis that the rest gets forwarded on to you within the next 10 days. Here is a copy of the letter I sent.

 

 

Thank you for your letter dated xx.xx.2007 offering £xxxxx.xx in full and final settlement of my request of the bank charges you levied from our account during the last six years. We are prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £xxxx.xx is to be paid within the next 10 days. This amount is made up of £xxxx.xxx being charges levied from our account as detailed in my letter before action dated xx.xx.xx, £xxx.xx being the interest claimed under section 69 of the County Court Act 1984 at 8%, and £xxx.xx being the amount paid by ourselves for the claim made against you via Money Claim Online on xx.xx.xx. We have enclosed a copy of our letter before action together with a schedule of the charges and interest claimed.

Please note we are claiming £x.xx per day in interest at 8% until this matter is settled.

Yours faithfully

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Hiya Molly, think you will find HSBC will back off anyway when they find out you have submitted your claim to court but Jo's letter does a nice acknowledgement and refusal job all in one go without you actualy saying no :)

 

pete

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Daily interest is calculated by taking the total amount of charges you are claiming and multiplying it by 0.0002. e.g total charges = £1500.00 then daily interest would be £1500.00 x 0002 = 30p. Then take the number of days since you filed your claim and multiply it by the daily interest figure.

 

Of you haven't specified that you are going to claim this then I don't think that you can claim it now

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You can ask that in your letter. Just state that you want the repayment in the form of the cheque which is to be made payable to xxxxxxxxx

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