stopped by police who tried to stich me up

stopped by police who tried to stich me up

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Discussion

carinaman

21,291 posts

172 months

Friday 17th April 2015
quotequote all
La Liga said:
Eclassy said:
carinaman said:
So the OP should seek some proper independent legal advice before complaining directly to the police?
Definitely.

You dont want them knowing your plans/full details of case as they will magic up a defence to suit.
What difference does it make? If there's a misconduct matter to be answered then they'll have time to prepare a "defence" whether or not the OP takes legal advice or not.

What do you think is going to happen? The OP comes in with a solicitor and it magically alters things? All the data and potential evidence is held by the police and insurance company in an electronic format anyway.

If he should seek legal advice (for the really clear cut circumstances he's describing wink) then it shouldn't be for your fictional reasons.
The officers involved didn't warn the OP that they were going to tell his insurers about some spent conviction from over a decade ago so why play fair and give them advance warning? Isn't it more time to get the fire blankets out and change their story?

Willhire89

1,328 posts

205 months

Friday 17th April 2015
quotequote all
The Spruce goose said:
Did you serve time are they really spent as it is complicated to what is deemed spent convictions.
Please read the thread - the answer is within

s2bounce

Original Poster:

125 posts

137 months

Friday 17th April 2015
quotequote all
PAULJ5555 said:
How have you got a trade policy? Did you say you worked in claims management - office work. Just wanted to know how you qualify as I was looking at getting one.
I'm not sure if can name the broker I've gone through but they are aware I have a full time job but they are I trade part time only.

Bigyoke

152 posts

132 months

Friday 17th April 2015
quotequote all
carinaman said:
The officers involved didn't warn the OP that they were going to tell his insurers about some spent conviction from over a decade ago so why play fair and give them advance warning? Isn't it more time to get the fire blankets out and change their story?
So, presumably you think the insurance co. staff will also change their stories and change their co. records to facilitate the cover up for people they probably don't know, are possibly based many miles away and they have no good reason to conspire against the op with?

Plausible

davepoth

29,395 posts

199 months

Friday 17th April 2015
quotequote all
OP is correct. The Rehabilitation of Offenders Act allows anyone with a conviction that is spent (and the rules for that vary, but for the OP it would be after five years) he is legally entitled to say that he has no conviction in the vast majority of circumstances (importantly, including insurance). Any person or company who, after finding out about a spent conviction disadvantages that person as a result of the conviction, is breaking the law.

To the OP, along with the complaint to the police you need to start with a formal complaint to the insurer. I had a not dissimilar problem with my insurer, and the first couple of levels of customer service I spoke to had no understanding whatsoever of the law. By putting the complaint in you should suspend that five day deadline. It took me a lot of arguing (and eventually I called the director of underwriting to argue with him directly - I was quite surprised when they actually put me through, I guess he doesn't get too many calls) but I got them to see sense before taking it to the Ombudsman.

carinaman

21,291 posts

172 months

Friday 17th April 2015
quotequote all
Bigyoke said:
carinaman said:
The officers involved didn't warn the OP that they were going to tell his insurers about some spent conviction from over a decade ago so why play fair and give them advance warning? Isn't it more time to get the fire blankets out and change their story?
So, presumably you think the insurance co. staff will also change their stories and change their co. records to facilitate the cover up for people they probably don't know, are possibly based many miles away and they have no good reason to conspire against the op with?

Plausible
Police Comms centres record their calls.

So do Insurance companies.

It'll all be on that recording between the police and the OP's insurers. How does the OP or their legal team secure that audio recording?

anonymous-user

54 months

Friday 17th April 2015
quotequote all
i am pretty certain the financial ombudsman has precedent set for unfair increases or cancellation against spent convictions, i would defo raise a complaint in this mater as well as a complaint against the police.

Pcot

863 posts

182 months

Friday 17th April 2015
quotequote all
I'm no expert on this, but my take on convictions is.....
Motoring convictions, points on licence etc, stay on you licence for 3 years. After this time, they are 'spent'.
Criminal convictions stay with you for life, so never 'spent'.
If the OP's insurance Co asked if he had any criminal convictions, and he said no, here lies the problem, and he's in the ste.

ging84

8,896 posts

146 months

Friday 17th April 2015
quotequote all
Pcot said:
I'm no expert on this, but my take on convictions is.....
Motoring convictions, points on licence etc, stay on you licence for 3 years. After this time, they are 'spent'.
Criminal convictions stay with you for life, so never 'spent'.
If the OP's insurance Co asked if he had any criminal convictions, and he said no, here lies the problem, and he's in the ste.
wrong on all counts

Pcot

863 posts

182 months

Friday 17th April 2015
quotequote all
ging84 said:
Pcot said:
I'm no expert on this, but my take on convictions is.....
Motoring convictions, points on licence etc, stay on you licence for 3 years. After this time, they are 'spent'.
Criminal convictions stay with you for life, so never 'spent'.
If the OP's insurance Co asked if he had any criminal convictions, and he said no, here lies the problem, and he's in the ste.
wrong on all counts
Care to correct me then?

anonymous-user

54 months

Friday 17th April 2015
quotequote all
carinaman said:
La Liga said:
Eclassy said:
carinaman said:
So the OP should seek some proper independent legal advice before complaining directly to the police?
Definitely.

You dont want them knowing your plans/full details of case as they will magic up a defence to suit.
What difference does it make? If there's a misconduct matter to be answered then they'll have time to prepare a "defence" whether or not the OP takes legal advice or not.

What do you think is going to happen? The OP comes in with a solicitor and it magically alters things? All the data and potential evidence is held by the police and insurance company in an electronic format anyway.

If he should seek legal advice (for the really clear cut circumstances he's describing wink) then it shouldn't be for your fictional reasons.
The officers involved didn't warn the OP that they were going to tell his insurers about some spent conviction from over a decade ago so why play fair and give them advance warning? Isn't it more time to get the fire blankets out and change their story?
Did you not read what I said? It makes NO difference.

Whether you make a complaint with a solicitor / post-legal advice / or without, it makes no difference as to the notice the officers receive under the regulations.

I can't make it any more clear. There are potential cost implications for the OP for legal advice. If he's to potentially pay for it it needs to be for a better reason than the made-up ones you and others are putting forward.

Pcot said:
ging84 said:
Pcot said:
I'm no expert on this, but my take on convictions is.....
Motoring convictions, points on licence etc, stay on you licence for 3 years. After this time, they are 'spent'.
Criminal convictions stay with you for life, so never 'spent'.
If the OP's insurance Co asked if he had any criminal convictions, and he said no, here lies the problem, and he's in the ste.
wrong on all counts
Care to correct me then?
There's a fair bit about the law within the thread.

s2bounce

Original Poster:

125 posts

137 months

Friday 17th April 2015
quotequote all
Just to update everyone, I have listened to the call between my insurer and the police officer, he first called to ask them if my vehicle was covered to which they confirmed it was, he then commented "this idiot has convictions are you aware" the advisor then replied we have not been informed of any convictions, the officer then gave him details of the convictions but did tell him they were spent, I'm guessing the advisor got excited when taking details of these convictions but failed to note they were spent, they have upheld my complaint and are checking to see if they can convert the file and give me a copy of the recording, now it gets interesting I only became aware of this after my insurers told me that a few minutes after the first call the same officer called and told them the exhaust on my car was modified but the car is standard apart windows tints.

I've asked for the second call but they can't find it at the moment but will get their IT department to see if they can access it.

Can I post the call on here when I get it?

Bigyoke

152 posts

132 months

Friday 17th April 2015
quotequote all
carinaman said:
Police Comms centres record their calls.

So do Insurance companies.

It'll all be on that recording between the police and the OP's insurers. How does the OP or their legal team secure that audio recording?
Without much difficulty it appears!

But Carinaman you might be right, the second call has "gone missing", clearly evidence of a HUGE conspiracy!!

eldar

21,740 posts

196 months

Friday 17th April 2015
quotequote all
Pcot said:
I'm no expert on this, but my take on convictions is.....
Motoring convictions, points on licence etc, stay on you licence for 3 years. After this time, they are 'spent'.
Criminal convictions stay with you for life, so never 'spent'.
If the OP's insurance Co asked if he had any criminal convictions, and he said no, here lies the problem, and he's in the ste.
You clearly are no expert.

Criminal convections do become spent for most offences. Clearly demonstrated earlier in this thread.

The PC telling the insurance Co of spent offences is wrong, and the Insurance company acting on that data equally so.

If the OPs story is true he has a valid complaint against both - the PC particularly.

Oakey

27,565 posts

216 months

Friday 17th April 2015
quotequote all
Pcot said:
Care to correct me then?
You could read the thread? It's usually the point of a forum

Vaud

50,463 posts

155 months

Friday 17th April 2015
quotequote all
s2bounce said:
Just to update everyone, I have listened to the call between my insurer and the police officer, he first called to ask them if my vehicle was covered to which they confirmed it was, he then commented "this idiot has convictions are you aware" the advisor then replied we have not been informed of any convictions, the officer then gave him details of the convictions but did tell him they were spent, I'm guessing the advisor got excited when taking details of these convictions but failed to note they were spent, they have upheld my complaint and are checking to see if they can convert the file and give me a copy of the recording, now it gets interesting I only became aware of this after my insurers told me that a few minutes after the first call the same officer called and told them the exhaust on my car was modified but the car is standard apart windows tints.

I've asked for the second call but they can't find it at the moment but will get their IT department to see if they can access it.

Can I post the call on here when I get it?
You could, I'd personally hold back until you have resolved the issue.

The police comment expressing "idiot" is probably worth a polite and firm letter to the chief constable, not to seek anything other than to remind the officer of his/her attestation as a police officer for "according equal respect to all people", along with the other details, and go from there.


s2bounce

Original Poster:

125 posts

137 months

Friday 17th April 2015
quotequote all
I'm going to complain about the officers attitude and if allowed I will send the recording to the chief constable but I know it's not going to go any further other than getting an apology from the police force.

Vaud

50,463 posts

155 months

Friday 17th April 2015
quotequote all
s2bounce said:
I'm going to complain about the officers attitude and if allowed I will send the recording to the chief constable but I know it's not going to go any further other than getting an apology from the police force.
Given it was a conversation relating to your insurance, instigated by his officer you are probably safe to share it, but I'm not a lawyer or expert in data protection.

anonymous-user

54 months

Friday 17th April 2015
quotequote all
You've done very well getting them to play the recording to you.

If for whatever reason they won't share ask them to play it again, which they obviously will as they have already done so.

Record the phone call.

Send to the Chief constable with a letter calling the copper a and asking for his balls on a plate.


TwigtheWonderkid

43,348 posts

150 months

Friday 17th April 2015
quotequote all
The Spruce goose said:
Did you serve time are they really spent as it is complicated to what is deemed spent convictions.
It's not complicated at all. The 74 act, amended 2014, is perfectly clear on rehabilitation periods or lack of in certain cases.