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    • Of course there's no downside to declining the decision and that is what should happen. However, I've suggested that the letter declining the decision should be accompanied by some basic objections to the way the decision has been made. Although these objections won't have any effect, I don't see there is any downside to lodging them and at least they will go on file. It's clear that the application to Aviva had all the hallmarks of domestic abuse or/and also fraud. The ombudsman's decision basically says that Aviva had a "process" and that process was followed therefore the whole thing was fair. Nobody has asked any questions about the fairness of Aviva's "process" and in fact the "process" has never been disclosed to the OP – the victim of this – and it's not clear that it has even been disclosed to the FOS. Furthermore, Aviva make a big thing about having financial abuse training et cetera but there is no disclosure on their website what their training might be or whether they have an abuse policy in place. Furthermore there is no indication on the FOS decision that they have considered whether or not an abuse policy has been considered by Aviva – and we believe in fact that the FOS has never even asked the question. As usual, this is another example of a poor quality decision made by the FOS. The letter declining the decision must be sent by next Tuesday. This means that there is no hurry. Requests have been sent to Aviva and to the FOS for information. Frankly nobody seriously expects that the information will arrive in time – but you never know. I should point out that even if the FOS decision is not formally declined, a failure to respond is taken as a non-acceptance of the decision. The failure by Aviva and also the FOS to disclose on their websites any abuse policies is basically saying that they have a set of rules in place that they won't disclose what they are. Imagine sitting down to a game of cards were somebody. Your opponent says that they are playing by a set of rules but they're not going to tell you what they are. All you know is that every card you play is scooped up by the other side and when you ask why – you are told that there is a process/set of rules – but they are secret and you will never know what those rules are. Just keep on playing.
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    • "Under the rules of the Financial Ombudsman Service, I'm required to ask Mrs B to accept or reject my decision before 11 May 2021".   I'd have thought it's a no-brainer isn't it?  You need to inform the FOS you are rejecting the decision irrespective of whether you get a reply to any SAR.  I don't see that any SAR response could possibly lead you to accept their decision.   (Unless I'm missing something obvious, there is no downside in rejecting the FOS decision, is there?  I presume there are no costs involved?)    
    • Hi   You are more than welcome as we are here to help.   What you have here are 2 seperate issues.   1. Rent Arrears/Termanation of the Property/Warrant for Possession   With the Rent Arrears I would advise to enter a Payment Plan but you must be aware that they will ask for your income & expenditure to set this up and if you default on the Payment Plan even just one payment they will reserve the right to withdraw that Payment Plan and proceed with Court Action so you must be fully aware of that.   I would also advise writing to them that you wish to Terminate the Tenancy of your Property (insert address) from reciept of this letter as per the Tenancy Agreement.  (if you do it this way and they accept that rather than going to court for warrant of possession to end your tenancy of that property you will only have whatever the time limit is on ending tenancy in your original agreement rent added to the rent arrears rather than all those added court costs etc.)  If you do it this way I hope they accept this and fingers crossed.   2. The way they obtained your present address via facebook and then turning up at your address without notification.       In there letter they ask what outcome you are looking for now this is only my thoughts:   1. That they argee and accept a Payment Plan for those Rent Arrears.   2. That they agree to accept your letter to End the Tenancy of your Property as per the Tenancy Agreement Signed.   3. An apology for the way your staff pouported to be a buyer of an item I was selling on Facebook only to obtain my new address and then your staff appearing at my new address causing me distress and anxiety by the way the acted at my property.   These are only my thoughts on the matter but you can change or amend anything to suit yourself    
    • did you inform lowells of your current and correct address during your earlier exchange before they issued the claimform? do you have the particulars of claim and know what date this account was opened? if the date was after you moved out you have a good case this was identity theft.   there is no rush doing the N244 get your ducks in line 1st.   dx  
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dwp compliance review want 7 years bank statements help


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received phone call yesterday from my local mp's office saying they had contacted dwp and i have an extension to 20th March.

Im now waiting for a letter from dwp confirming this.

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received some stuff today more to follow the interest payments cover the periods October 2014 to October 2015 and october 2015 to october 2016 and the interest rate was just under 5% still not received a reply to the letter i sent on 3rd.

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how much interest in oct 14-15 and 15-16 did you recieve, they usually use 1% to calculate so they must assume in total you have recieved atleast £100 in total during those periods for them to assume you had £10000

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when i sent the letter on the 3rd i also asked them to advice me as to what interest rate do they use for their calculations

they todate havent replied

 

if it wasnt for the MP contacting them i wouldnt have known i had untill the 20th.

I believe the MP phoned them.

 

Im unwilling to phone them as i want details in writing.

 

Its also looking like i may not receive all the statements untill pos wednesday

i know there are 3 packages in total 1 received today 2 more to follow

and i dont know how long it takes for dwp to get them from when i hand them into the job centre the 20th is next monday.

 

All she said at the interview was they believed the 3 accounts in lloyds where all active and had funds in them at the same time and because of the 2 interest payments received they think i might have had over 10000.

 

Being honest i lost my rag and no matter how much i insisted they were wrong she insisted that i had to prove it.

 

Also at the time i wasnt aware that you could get bank statements without having to pay 20-25 per statement

when i said i would have to pay that she just said well youll have to.

 

Im really angry over all this.

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yes they said 3 accounts all active at the same time

2 lots of interest total 85

i couldnt remember the 3rd account but as i said in other posts

 

i had one current account for the whole period that had a linked savings accout for 12 months

that was one lot of interest

closed funds put in current account

 

the other account was opened 3 months later and closed after 3 months

i had forgotten about that one that paid next to nothing that was closed in the october cash in 2 current account.

 

I paid for a car in november and collected the car december 1st.

That took most of what i had leaving me with reserves.

 

I knew then that i didnt have 10000.

i started saving again and closed that current account 12 months after that.

When that account was closed is the other interest amount that they quoted.

 

Im no longer upset just so angry if they had me in again i think they will end up getting the polce or the paramdics.

 

I want them to put something in writing.

the total interest payments they refer to are for a 2 year period ill swing for them.

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I had an apointment at my doctors on wednesday morning and was taken bad when their doc sent for paramedics

 

got out of hospital thursday

when i got home i just put everything that had arrived including stuff that came that day into 3 packages and passed it into the jobcentre

not sure if everything has been sent

but thats it as far as im concerned

 

if they want anything else or if not complete they can get it themselves.

 

I will do a sar request for the dwp over the weekend and hand that in monday.

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im getting more angry and short tempered

 

ive just been to the jobcentre to hand in the S.A.R addressed as stated on the dwp website.

 

I asked for a receipt

 

the person asked what it was and could he open it as he needed to know what was in it.

 

I said it is a legal document and could only be opened by the person it is addressed to and he said he needed to know who it was for

 

i pointed to the name and address on the envelope and said it was for that person and as the security approached he said he needed to open it

 

i said it is completed and addressed as instructed on the DWP website if you do you will be in breach of the data protection act which is law.

 

I said while security was at the ready i wanted a receipt as proof that it has been handed in

 

he then asked someone ( and it was the person that interviewed me ) and they said it had to be forwarded to london.

 

He wrote a receipt out stamped it and handed it to me on looking at it i saw it wasnt dated and asked him to date it

 

he said you want me to date it i said yes as it is a legal requirement for it to be responded to within 40 days he reluctantly dated it.

 

i should have also added the receipt just says an envelope am i getting paranoid ! they never asked to see what was inside the other letters or packages b4 giving a receipt.

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Hi, This may be a new thing or who is front of house at the time as i took a letter in last year and it was opened just one sheet of paper.

 

Three weeks ago i took another letter in eight A4 sheets didnt open it.

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  • 8 months later...

Update

received a letter yesterday asking me to attend another compliance interview on 5th december with latest bank statements.

 

This is the first correspondance ive had from them since sending everything they insisted on.

 

When i sent them the stuff i attached a letter instructing them to return my bank statements they haven't done so.

 

I will have my latest statements for this appointment however as they haven't returned the statements that they already have

 

i intend giving them a letter stating if all statements sent to them are not returned to me within 7 days i will without further notice to them take whatever action is available to me in order to have them returned.

 

Also any costs to me for taking any action legal or otherwise will be claimed from the interviewer that they where sent to and i hold responsible for there return to me as instructed.

 

I think i read somewhere that i can refuse to allow them to copy the statements that i will be taking with me and not allow them to keep them and that i can allow them to make notes only.

 

I think it was in some interview guide lines but its been so long ago cant remember where.

Can someone please confirm if i am correct in doing this.

 

They also haven't given much notice so doubt i will be able to get someone from cab to come with me.

 

They pick their time

last sunday i was taken to hospital paramedics and all that was discharged on thursday and also waiting for biopsy results

 

not going to worry about it but ready for a fight.

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Think you need to send them a letter advising of your recent health situation and that you do not know whether you are currently in a fit state to attend any interview on 5th December. Give them details of GP or Hospital Doctor, if they wish to check. Tell them that given that they have not returned statements previously sent to them, that you are concerned about sending any further statements to them, as you are worried they might lose them.

 

Don't go suggesting anything you can't actually follow up with e.g legal actions. They will keep hold of Bank Statements for as long as they think they need them for and they only have a paper value or cost of getting hold of them.

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thanks for the reply

it was my impression that when they receive statements they are suposed to copy them and return the originals asap.

 

regarding any possible legal action

i am if it comes to it willing to follow through

but it would not be against dwp it would be against a named person.

 

The statements where sent and addressed to a named person with instructions that they where to be returned to me.

The mp i spoke to at the time did say that they are suposed to return statements.

 

Another thing i am annoyed about is to date the interviewer has never responded to any letters sent to her.

None of my benefits to date have stopped.

 

It was an assistant to my MP who phoned me to tell me i had an extension of 2 weeks to supply the statements

i expected a comfirmation letter from the interviewer informing me that i had an extension but never received one.

 

Legal action would be a last resort and expensive

but at the end of the day the statements are my property and where sent on the clear understanding that they where to be returned to me.

Also if at the next interview they raise any queries regarding anything in those statements i do not have them to refer too.

 

I was told at the original interview that she would enter all the details of the statement on a spread sheet so as far as im concerned they have no need to keep the statements and she has had 10 months to copy them and return the originals.

 

They give minimal notice to attend an interview and say to phone if you cannot attend and depending on reason they might give an alternative date.

I want everything in writing to them and from them

its to easy for them to deny any knowledge of a phone call.

 

When i sent the sar i added i wanted details of phone calls and copies of any recorded calls i never received any.

 

maybe they will have the statements at the interview on the 5th to return to me maybe they will not.

If i dont get them back i will see if i can get a solicitor to apply for a court order to get them back

if i do get a court order in my favour i will claim all costs from them.

 

I fully expected them to be returned and intended and had contacted an accountant to go through them for me.

I had a lot of worry and not an easy time getting those statements and not a lot of time to do so.

 

To me thats 7 years of my life and i want it back.

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I wouldn't sweat too much

you can get everything a bank holds on you for £10 via another sar.

cant see why you are making such a big issue out of it TBH.

you were told in march post 17 dwp do not return things and never will.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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according to my mp at the time he said they should return them

.Regarding sweating i am not sweating but dont want my paper statements to turn up on a council tip for anyone to find.

 

Its not so easy as i discovered to get bank stements for bank accounts that have been closed for a number of years.

I even have a letter provided by one bank saying it was no longer possible even with a court order to get them.

 

Yes turned out to be incorrect and after making lots of phone calls was able to get them but required an extension of time.

If what you say is correct they never return anything then they must have a lot of tower blocks for storage.

If its correct that they scan them to there computers then why would they not return the originals.

 

If they want to ask any questions relating to any transactions on any of the statements dating from 2010

i would need to cross check statements from several bank accounts for the period in question.

This is the reason for wanting there return.

 

at the time this all happened i had come across a post from someone saying their statements where returned 12 months after they where sent.

stated that the address they where returned to was incorrect and that they received correspondence intended for someone else.

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thanks for the reply

it was my impression that when they receive statements they are suposed to copy them and return the originals asap.

 

regarding any possible legal action

i am if it comes to it willing to follow through

but it would not be against dwp it would be against a named person.

 

The statements where sent and addressed to a named person with instructions that they where to be returned to me.

The mp i spoke to at the time did say that they are suposed to return statements.

 

Another thing i am annoyed about is to date the interviewer has never responded to any letters sent to her.

None of my benefits to date have stopped.

 

It was an assistant to my MP who phoned me to tell me i had an extension of 2 weeks to supply the statements

i expected a comfirmation letter from the interviewer informing me that i had an extension but never received one.

 

Legal action would be a last resort and expensive

but at the end of the day the statements are my property and where sent on the clear understanding that they where to be returned to me.

Also if at the next interview they raise any queries regarding anything in those statements i do not have them to refer too.

 

I was told at the original interview that she would enter all the details of the statement on a spread sheet so as far as im concerned they have no need to keep the statements and she has had 10 months to copy them and return the originals.

 

They give minimal notice to attend an interview and say to phone if you cannot attend and depending on reason they might give an alternative date.

I want everything in writing to them and from them

its to easy for them to deny any knowledge of a phone call.

 

When i sent the sar i added i wanted details of phone calls and copies of any recorded calls i never received any.

 

maybe they will have the statements at the interview on the 5th to return to me maybe they will not.

If i dont get them back i will see if i can get a solicitor to apply for a court order to get them back

if i do get a court order in my favour i will claim all costs from them.

 

I fully expected them to be returned and intended and had contacted an accountant to go through them for me.

I had a lot of worry and not an easy time getting those statements and not a lot of time to do so.

 

To me thats 7 years of my life and i want it back.

 

This named person has probably never seen the originals. Mail is received at a mail opening unit and then scanned on to the relevant sector so that people in that area can access it electronically.

 

If it's compliance or investigations it gets allocated to the case number and can only be accessed with that case number.

 

However if they have the originals just call the named individual and ask for them to be returned, it may be that they have not seen any note asking for them to be returned or that it has been ignored.

 

Also I believe it would be the DWP you would have to take legal action against as the named person is acting on their behalf and the statements were provided to the DWP for official DWP business. But I will leave that to your legal team.

 

And what your MP tells you may not be DWP policy, most MP's tend to give lip service.

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all items i sent wher addressed in accordance with the details provider wrote down.

ie

for the attension of ------- -----

not to be opened

and the address given

so i fail to see or accept that she has not received or seen the contents.

The contents also included a letter clearly stating the contents of each package ( 3 packages in total )

It also made clear as to how they should be returned.

I can also quote what she said " i will put all the details on a spread sheet )

I tried to get legal advice at the time from several sources and received the same advice from all, that was we cant advice untill you receive something in writting.

A post on one forum where i asked about the return of my statements and a reply from someone who said they worked for dwp stated statements are copied and originals returned asap.

I would also like to add i have never had £10000 and the statements sent to them from 6 banks that i have banked with during years 2010 and 2017 will show that.

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