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ericsbrother

aviva breached the DPA with their marketing, agreed a settlement

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Aviva posted me some very insulting to me marketing material in february so I contacted them to complain. They claimed that I had opted to receive marketing some years before, when i lived at a previous address.

 

After further correspondence where they failed to produce any evidence of htis supposed agreemnt or ticked box (never used web or paper forms to agree to anything) they admitted they did not ahve such an agreement, had mixed my personal data up with another person of a similar name as well and offered me £75 when I had requested £250 as that was a sum courts had agreed was a minimum under persuasive case precedent.

 

The main problem is the peopel who deal with a complaint are limited in what they can offer and do not know much about the DPA or even what other departments have been up to. in my case it was Aviva Insurance UK Ltd that had passed on erroneous personal data to Aviva Equity release Ltd, a separate company, without any authorisation and they finally accepted that this was a breach of the DPA, apologised and have agreed to pay me the £250 demanded to avoid legal action.

 

Next year the law changes on what is deemed consent when ticking (or not) boxes and who they can pass your details to without express consent so hopefully this will become a rarer instance but in the meanwhile if you have a complaint, be persistent, stick to your guns if you are right and dont accept a stock response that they dont have to think about. My complaint got to director level because they didnt initially think they could be wrong, ignored the Vidal Hall v Google decision and blamed me for their errors.

 

You dont have to put up with rubbish from big companies.

Edited by honeybee13
Paras

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Well done - and thanks for letting us know


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