Aviva fraudulently processed my data without authorisation o

[BazzaS]

The OP hasn’t yet clarified what happened (the claim) in 2017. Harder to void the insurance ab initio if there has been a claim.

 

I’m also wondering:

a) why Aviva haven’t reversed the chargeback(s), and

b) has the OP gone to the police over the fraud that has led them to suffer a loss / risk of loss.

[dx100uk]

10 hours ago, dx100uk said:

well don't pay it then and cancel the policy.

not alot they can do bar trash your credit file, have they?

 

[Titchytitch]

I have no details of the claim the chargebacks have gone back to the sibling

I went to action fraud cifas dvla and the police but apart from notice of corrections having markers placed on my dvla record nothing else was done  

[BazzaS]

Get all the info from Aviva. DSAR them, get the details of the 2017 claim and where / how the claim was settled.

 

Then go down the “unlawful use of personal data” route. If you highlight the use of your personal data was unauthorised and unlawful, before you get a copy of what data they are holding on you, they might then use that as a reason not to supply it.

 

What has your brother said about the issue?

[Titchytitch]

Were going through a family dispute regarding my father's inheritance so out of spite he reversed the premiums from 2015-2018 as I discovered another insurance policy he took out with quote me happy but they were able to withhold his money and put him.on the insurance fraud database he admitted to making the payments admitted to the policy being his sent screenshots of payments he had made originally but aviva are saying anyone can make payments on behalf of anyone ie mother paying her sons policy etc

What is a DSAR?

[unclebulgaria67]

DSAR  Data Protection subject access request  ( SAR)

 

Your sibling should be investigated by the Police for their behaviour.  By acting in the way they have, they have done it deliberately to cause you harm.

 

I would not worry too much about the claim in 2017.  The simple fact is that you had not consented to the Insurance or your data being processed.  

 

So reject the ombudsmans decision.  Write to Aviva telling them that you did not consent to the Insurance contract and did not consent to them processing your data.  Suggest to Aviva that they have made serious mistakes in their handling of the Insurance administration and they should write off any premiums, as no valid contract existed. 

 

 

[slick132]

YB "reversed" the DD's he paid using the DD Guarantee Scheme but this was done via his bank.

 

Why the bank allowed this for several years when the DD's were insurance premiums, I have no idea.

 

But then Aviva decided to come after you, the easier target, to make good their loss.

[Titchytitch]

Yes they said they couldn't challenge the bank so happily reversed the premiums he did small amounts first and then reversed the whole duration of policy premiums premiums 3yrs back 

[slick132]

What you say is wrong - Aviva COULD challenge the bank about returning the DD's. They had to refund the DD's under the DDGS.

 

But then there's a process where YB's bank and Aviva's bank get together to decide what is the correct resolution. Aviva's bank had good grounds to challenge the DD refund, certainly on the basis that insurance cover was given over those years.

 

That's when Aviva decided to let the DD reclaim stand and come after you as the easier target, as I said above.

[Titchytitch]

This is what I said to Aviva when I first started getting default notices why the refund wasn't challenged with the bank insurance was given and they had scope to believe this was a fraudulent transaction as I had told them prior to the refunds that it was but they happily reversed the money 

 

They claimed the bank had more power and this couldn't be challenged I disagreed with this 

 

I asked them if they could ask him to provide proof of alternative insurance cover for that period as I had proof myself that I had insurance cover in place .

 

I have no idea which cars we're insured any registration numbers i wouldn't even be able to confirm any of the car registrations they insured during that period other than the last car as my brother gave me the registration number 

 

He has admitted to reversing the transactionsto extended family members and wouldn't pay the money back to aviva but was happy to give the 3k to a 3rd party ie family member in cash for me to pay it back so nothing came back on him he refused to email ring or converse with aviva to pay back 

 

Now hes gone back on that too so I'm left to pay as per ombudsmans decision im left with the liability 

 

I provided all crime numbers action fraud details cifas registration dvla letters other insurance letters to prove that hes continued to use my details without my permission also showed them I have no financial connection to him 

 

Is there anyway anyone can draft me a letter in this group based on the info that you all know that could be strongly worded for me to have the premiums written off please im just so scared and clueless as to how I can tackle this and I'm scared Aviva will take me to court 

 

I'm out of work I can't afford to pay this amount and they've clearly set up a policy by taking his word for it without speaking to me at any point through the duration of the policy for 3yrs

 

[honeybee13]

See what others think but I'm not sure now is the time for a 'strongly worded' letter.

 

Unclebulgaria knows a lot about insurance and he's suggested sending Aviva a DSAR to see what information they have on you. DSARs can be very revealing when the information arrives and Aviva could drop themselves in it, you never know. In any case, you'll be proceeding on the basis that you have facts from them.

 

A DSAR is free and they have 30 days to reply.

 

HB

[unclebulgaria67]

You don't need a strongly worded letter.

 

You are an average member of the public and as soon as you start trying to complicate matters by raising legal compliance issues, it then comes across that you are aware of how Insurance works.  Aviva are then more likely to believe you should have been aware about the Insurance being arranged in your name.

 

If you write a basic letter as suggested without coming across as having any knowledge, then it is more likely that Aviva will conclude that you would have been totally clueless about Insurance being arranged in your name.

 

Don't complicate matters, when you don't need to.

 

 

 

 

[Titchytitch]

would you mind helping me draft a letter please to send as you're very knowledgeable I'm literally crumbling I have no idea where to begin with this other than request data 

[honeybee13]

You're right, requesting data is the most important thing. Without that, any letter could be pointless.

 

Send Aviva a DSAR.

 

HB

[Titchytitch]

Where can I get a template or the DSAR form please 

[honeybee13]

Click on SAR in my post, it will take you to a new page.

 

HB

[unclebulgaria67]

Your next steps are

 

1) reject the FOS decision

2) Send the SAR to Aviva.

 

Wait for Aviva to supply the SAR before sending any further letters.

[Titchytitch]

Thank you for the guidance its very appreciated 

 

Can aviva once I reject the decision start sending me letters asking for payment or start court proceedings whisks I'm waiting for the SAR

[dx100uk]

so what on letters...

i seriously doubt arriva would want this all before a judge. they'll sell the debt on if one exists after all this.

[Titchytitch]

The default letters chasing payment from myself as they said Aviva had suspended all action until the ombudsmans decision 

 

My brother did a quote online he put me down as married and himself as single he then rung them up to set the policy up claiming to be my husband did alarm bells not ring to them based on the information he had entered on the quote ?

 

Also the ombudsman has said they have no legal obligation to take money back from him as the contract is between me and aviva ..how is that possible when I havent signed anything haven't spoken to them a claim happened on the policy plus a policy investigation but never spoke to myself 

 

Also he had full control of the policies so these letters they claimed they sent to me is there a chance they were system generated and went to the online portal as what proof have they got they sent these out physically as I started receiving the physical letters once the policy was cancelled and portal locked 

 

@unclebulgaria67 when I received the default notices I got onto them straight away so my understanding is that the account isn't in default as I didn't ignore their letters and may I also add these letters were system generated giving me a date of  2019 to contact them regarding the default 

My credit reports are all showing nothing regarding the defaults 

 

Aviva aren't sure themselves if I ended up paying if it would affect my credit report they just said that there's a potential it would 

 

Could you please clarify how defaults work and if it was on my credit report how I would get it removed 

[honeybee13]

How are you getting on with the DSAR, TT? And telling Aviva you reject the ombudsman's decision as UB said? There's an order to do these things to achieve the best result.

 

Once that's under control, you can move on to other queries, but the SAR could bring out information that you didn't know before.

 

HB

[BankFodder]

Looking at all of this, it seems to me that the FOS decision is based on the fact:

1. that Aviva followed their procedures – and apparently in so doing they acted fairly (extraordinary and very good evidence of how the FOS cosies up to industry).
2. That several letters were sent to your address and the FOS car understand that you would have received them
3. and that apparently in response to a letter sent to your address, the DVLA were provided with various documents which by their nature would have been in your possession.

Were absolutely not interested in point number one, but could you explain very briefly points number two and number three.

We take it there is no love lost between you and your brother.

If the story is to be taken at face value, then we seem to be talking here about domestic abuse. Domestic abuse doesn't necessarily need to be one person knocking knocking around another person in a domestic environment. It could be economic abuse – and it doesn't need to happen simply between cohabiting partners.

Maybe you can tell us a bit more

 

[Titchytitch]

Point 2- I only received the default letters 

Point 3- I sent dvla proof of the fraud for them to put markersbon my account

 

He reversed the transactions out of spite as I received a letter from more than insurance re a policy being cancelled another policy u wasn't aware of they told me a new policy was set up with quote me happy who I spoke to and they cancelled the policy to inception and kept the money he had paid and placed him on the fraud database 

 

Interestingly enough I've just received my statutory credit report from experian and there seems to be further loans and attempts for car insurance quotations have been made on 8-10 companies but luckily I am cifas registered 

 

@Honey Bee I have looked over the SAR but haven't sat down to actually write it up 

Interestingly enough I've just received my statutory credit report passkey today I have just downloaded the report and there's more loans and insurance quotations that have been taken out on the 7th April 21 but im registered with cifas 

 

Do I ring experian up to tell them about this information what would you suggest 

[BankFodder]

Please will you monitor this thread – probably tomorrow for a fuller reply – but for the moment, I think it would be useful to understand a little bit more about the relationship between you and your brother.

Forgive me for asking personal details – but what are your ages – who is older.

I'd like to know if you get on well, how long you have lived at separate addresses – and if push came to shove, would it cause you any difficulty to take a legal action against him or even to inform the police about his activities?
I'm not suggesting that you would do this at the moment but I suppose it could be a possibility but right now I'd like to know whether the idea of it stresses you or causes you any difficulties.
Would you describe your brother as a dominant figure in your life?

 

Also, I see that in the FOS report, you are described as "Mrs B". Does this mean that you are in a partnership. Are you part of a family anyway?

I understand that these questions are very personal and you may not want to disclose the answers on the open forum or at all.

However I think they might be relevant and if you are happy about disclosing them on the open forum then if you feel comfortable about disclosing them to me in confidence, you could email me on our admin email address with your responses.

I'm not trying to take this discussion of the forum. It's important that it is discuss it openly but there are confidential details which wouldn't be particularly relevant which might be very helpful to you if you disclose them to me.

I'm afraid to say that by large I think that a different approach needs to be used with this problem – but some answers to the questions I have asked above would clarify a few things before I come back and make some suggestions

[BankFodder]

I see that in the FOS decision, they have given you until a day in May to accept their decision or to decline it.

What happens if you decline the decision? Who has the FOS decision come from? Is it an adjudicator?