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    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reason:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they follow this process and as a result the decision to enter an insurance contract in 2015 was fair. 1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that regards of the process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact that we find is that the correct process at the very serious suspicions of the call handler were overridden by a manager. It seems evident that either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that they do not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation and your decision has for the short of any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have ever seen the “process” upon which you are purporting to rely on your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of them exercise sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon. There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision that the reasons above, go to the heart of your own process and the quality of your investigation. I think it’s not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business and I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, provide me with any policies and guidelines the Independent Assessor route and also let me know the timescales involved.   Yours faithfully
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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
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Baliff Bristow and Sutor Unreasonable attendance fees and administration errors


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Hi.

XXX Council sent my parking fine to B&S on 26.05.09 I believe. I have paid 783 to B and S, (car park charge was £330 initially). the last payment made on 14.04.10. for 150.00. They demanded another £70.00 to be paid by 19.04.10. I said I couldn't and it would have to be 1st May 2010 when I got paid again.

I received message on ansaphone (out of country of business from 29.04.10 until 03.05.10) left on 30.04.10 at 10.16 a.m. and then again on 30.04.10 at 15.37 asking me to contact the baliff because he was going to remove my vehicle.

I returned home on Sunday 3rd May to find my vehicle removed.

He left the following documents:

1. date: 30.04.10 time: 10.10: Notice of removal expenses totalling 223.25 plus an URGENT ACTION required for a debt of £931.83.

2. date: 30.04.10 time: 16.00: Notice of removal expenses totalling 487.63 and a notice of seizure which outlines the follloing:

 

XXXP-6036: 110.00 (car park charge)

attendance to levy fees: 478.93

Costs incurred in attendance to remove goods: 867.25

Costs uncured in the removal of goods: 282.63

contracters fees incurred in removal of goods 205:63

Card transaction fee: 6.00

sub total: 2169.81

Less payments received: 578.

Sub total 1591.81

Storage and pre sale costs to be added: TBC.

 

1. In the space of six hours the debt went from 931.83 to 1591.81

2. the Payments I had made totalled 783 not 578

3. the charges to attend etc. seem extortionate?

4. He attended twice on the same day

5. the first attendnace he has put time down as 2 hours. what was he doing?

 

I phoned him on my return on 02.05.10 andhe said I had to talk to the office on Tuesday 05.05.10. I did. At 9.30 they said that they did not have the file back from the baliff and could not help. I should phone in the afternoon.

I phoned in the afternoon and they said the debt recovery officers were very busy and I would have to call back or they would call me. I called again.

 

Their response was

1. he made an error in the amount I had paid.

2. The fees weren't extortionate

3. He had every right to attend twice and charge the fees.

4. My car would be auctioned within five days if i did not pay.

5. If it sold for less than the outstanding debt of 1431 + storage charge, then I would be liable for the amount.

6. There were no more options to pay.

7. I had to attend the office and pay in cash or bankers' draft.

 

I stressed the following:

1. my car was essential for work (25+ miles from home and long hours)

2. the car was worth more than the outstanding balance.

3. I was not disupting I owed the council but disputing the additional fees.

 

I had to pay. It's taken my entire month's salary which means my priority payments mortgage and secured loan will fall behind.

I want to make the strongest possible complaints in an effort to make them respond, and maybe gain some recompense but I know that it is unlikely.

Please advise on any templates, legalities I could quote in correspondance.

Thank you!

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Guest Happy Contrails

If they have taken your car, then pay the bailiff with a CREDIT card to recover your car, then recover the money for breach of contract using a chargeback. The fee for collecting a parking ticket is 28% of the fine, max three visits. The bailiff is having you on with all those fees.

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Hi Happy Contrails.

Thanks for a quick response!

They said they would only accept cash or a banker's draft. Feel rather violated by the whole thing I have to say.

Have requested just used a template to request breakdown of costs and cc:d to the concil as well.

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Hi.

XXX Council sent my parking fine to B&S on 26.05.09 I believe. I have paid 783 to B and S, (car park charge was £330 initially). the last payment made on 14.04.10. for 150.00. They demanded another £70.00 to be paid by 19.04.10. I said I couldn't and it would have to be 1st May 2010 when I got paid again.

I received message on ansaphone (out of country of business from 29.04.10 until 03.05.10) left on 30.04.10 at 10.16 a.m. and then again on 30.04.10 at 15.37 asking me to contact the baliff because he was going to remove my vehicle.

I returned home on Sunday 3rd May to find my vehicle removed.

He left the following documents:

1. date: 30.04.10 time: 10.10: Notice of removal expenses totalling 223.25 plus an URGENT ACTION required for a debt of £931.83.

2. date: 30.04.10 time: 16.00: Notice of removal expenses totalling 487.63 and a notice of seizure which outlines the follloing:

 

XXXP-6036: 110.00 (car park charge)

attendance to levy fees: 478.93

Costs incurred in attendance to remove goods: 867.25

Costs uncured in the removal of goods: 282.63

contracters fees incurred in removal of goods 205:63

Card transaction fee: 6.00

sub total: 2169.81

Less payments received: 578.

Sub total 1591.81

Storage and pre sale costs to be added: TBC.

 

1. In the space of six hours the debt went from 931.83 to 1591.81

2. the Payments I had made totalled 783 not 578

3. the charges to attend etc. seem extortionate?

4. He attended twice on the same day

5. the first attendnace he has put time down as 2 hours. what was he doing?

 

I phoned him on my return on 02.05.10 andhe said I had to talk to the office on Tuesday 05.05.10. I did. At 9.30 they said that they did not have the file back from the baliff and could not help. I should phone in the afternoon.

I phoned in the afternoon and they said the debt recovery officers were very busy and I would have to call back or they would call me. I called again.

 

Their response was

1. he made an error in the amount I had paid.

2. The fees weren't extortionate

3. He had every right to attend twice and charge the fees.

4. My car would be auctioned within five days if i did not pay.

5. If it sold for less than the outstanding debt of 1431 + storage charge, then I would be liable for the amount.

6. There were no more options to pay.

7. I had to attend the office and pay in cash or bankers' draft.

 

I stressed the following:

1. my car was essential for work (25+ miles from home and long hours)

2. the car was worth more than the outstanding balance.

3. I was not disupting I owed the council but disputing the additional fees.

 

I had to pay. It's taken my entire month's salary which means my priority payments mortgage and secured loan will fall behind.

I want to make the strongest possible complaints in an effort to make them respond, and maybe gain some recompense but I know that it is unlikely.

Please advise on any templates, legalities I could quote in correspondance.

Thank you!

 

 

I am really sorry, but I am finding it a little difficult to understand precisely what you have paid. In the first sentence you have said that you had paid £783 and then further payments were also made. Can you explain this further.

 

Also you say that they have had the debt since May 2009. That is nearly a year ago. Is this correct?

 

When you set up a payment plan was this following a visit?

 

Had you received the original PCN/Notice to Owner and Order for Recovery?

 

How old was the car and was it on finance?

 

When you made the payment arrangement, was this over the telephone and was it confirmed in writing?

 

You also state that the bailiff has apparently made an error in the amount charged Can you explain.

 

From what you have said, this must surely be the most excessive charge that I have ever seen and I have a commercial business advising the public with bailiff enquiries !!

 

The fees are NOT CORRECT in any way at all and frankly, this case really should be brought to the attention of the Chief Executive of the local authority immediately as they are wholly responsible for the charges. The Ministry of Justice would also be very interested !!

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Hi,

Sorry for the confusion.

I have paid £783 in instalments until April 14th 2010 and then gave them a bankers draft for 1466.48 to get my car back on May 5th 2010.

 

Yes, they have had the debt scine May 2009.

 

A payment plan was set up following a visit.

 

Yes, I received the parking charge notice but not the order for recovery.

 

The car is a puma and is 8 years old. It's not on finance.

The payment arrangement was over the telephone but not confirmed in writing.

 

The baliff claimed that I had paid 578 when the total was 783.

 

Hope this clears things up and would be very grateful for any further steps I can take.

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Send them something similar to this, use and adapt to your own needs - send by email and Signed For letter ASAP:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

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Hi

Thanks for this ploddertom!

I'll also cc: the relevant council as well.

Will update once I get a reply.

Thanks again. It's good to to do something active!

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Hi,

Sorry for the confusion.

I have paid £783 in instalments until April 14th 2010 and then gave them a bankers draft for 1466.48 to get my car back on May 5th 2010.

 

Yes, they have had the debt scine May 2009.

 

A payment plan was set up following a visit.

 

Yes, I received the parking charge notice but not the order for recovery.

 

The car is a puma and is 8 years old. It's not on finance.

The payment arrangement was over the telephone but not confirmed in writing.

 

The baliff claimed that I had paid 578 when the total was 783.

 

Hope this clears things up and would be very grateful for any further steps I can take.

 

Can you find out the precise date of the Warrant of Execution. If the bailiff company refuse to provide this then you will need to ring the local authority.

 

PS: You really must request a copy of the SCREEN SHOT of your account. These fees are simply incredible and are excessive in the extreme.

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Hi Tomtubby.

I'l find out the precise date of the warrant of execution.

I've requested a copyh of the screen shot of my account and have copied the local authority. They have acknowledged receipt of the letter sent but nothing as yet from Bristow and Sutor.

 

Many thanks.

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