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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Aviva fraudulently processed my data without authorisation o


Titchytitch
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You mean the FOS – and yes, send it to their main offices

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I think you could also usefully sent the following letter to Aviva. They will refuse to give you the information you are seeking – but it would be helpful to get even that refusal on record.

 

Quote

Group Corporate Responsibility Manager Simone Wyatt 

 

Dear Ms Wyatt



Financial abuse policies and training.

 

I have seen on your website that you have recently published information about Aviva's attitude to financial advice, information relating to indicators of financial advice and also referring to your close association with the Surviving Economic Abuse organisation (SAE) and to the training that you provide to your staff on recognising the warning signs of financial abuse.

I'm extremely encouraged to see this so prominently displayed on your website and also I'm very pleased to see that you are working closely with SAE which is an organisation which I am familiar with.

I'd be very grateful if you could provide me with a copy of your financial abuse policy – and also details of the training that you are providing your staff. If you would be prepared to let me have sight of the training materials then I would be very grateful indeed.

Yours sincerely

 

 

I would suggest that you send this letter to this person without a reference number and not using your own name in order to minimise the chance of any warning signs being flagged up.

You will have to look through the Internet to find the address of The Group Corporate Responsibility Manager but I expect that it will be available.

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What would be the basis of your complaint to the ICO?

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Well I would send the letter by post. If you use the same address then if they put two and two together – so be it. I suppose it's not massively serious but it might be better if they were not on inquiry when they read the letter.
I fully expect them to decline your request – either simply to decline it or on a pretext.

Have you sent the SAR's?

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Look up the website for the Aviva insurance in the UK and see if you can find the data protection officer and send it there. If not, send the SAR to any registered address that relates to their insurance. It is their duty to make sure that it gets to the right department. As long as you get the SAR into their door then the problem is theirs.

Make sure that you don't simply send it to a box number if you can avoid it. Send it to a proper recognisable postal address.

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@BankFodder the SAR template seems to suffice for me to send to Aviva and FOS would you agree? and im not sure which address to send the Aviva SAR to?

 

The Data Protection Team, Aviva, PO Box 7684, Pitheavlis, Perth PH2 1JR i'm thinking to send to this address

Edited by Titchytitch
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I'm sure the template is fine. I've already made suggestions about the Aviva address in my previous post

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Still waiting for your bullet pointed chronology

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Quote

 

@BankFodder really sorry ive not had chance to do it yet its very difficult trying to find the time with fasting ramadan and the obligatory duties we have on us during this blessed month but its on my to do list  ive spent yesterday evening doing the SAR's which have now been sent, i had a credit report done with Equifax and transunion, Aviva are showing on transunion only and payments are showing up to date, but he's taken further loans out during the period 2015-2018 which will coincide with when he took aviva insurance out although these are showing as settled i don't know how these have been set up so ive spent the whole day to the credit agencies i am now looking to report this to the police again. Also he's done insurance quotation searches with 15 companies including Aviva around the 07/04/21

i am wondering maybe he is on the insurance fraud database and now he's trying to attack my credit rating.

 

 

@BankFodder really sorry ive not had chance to do it yet its very difficult trying to find the time with fasting ramadan and the obligatory duties we have on us during this blessed month but its on my to do list  

 

ive spent yesterday evening doing the SAR's which have now been sent,

i had a credit report done with Equifax and transunion, Aviva are showing on transunion only and payments are showing up to date, but he's taken further loans out during the period 2015-2018 which will coincide with when he took aviva insurance out although these are showing as settled

 

i don't know how these have been set up so ive spent the whole day to the credit agencies

i am now looking to report this to the police again.

 

Also he's done insurance quotation searches with 15 companies including Aviva around the 07/04/21

 

i am wondering maybe he is on the insurance fraud database and now he's trying to attack my credit rating.

Edited by BankFodder
Restructured in order to make it readable
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Well let's get all the story together as quickly as possible so we can understand it all.

Also, please can you space your posts properly. They're very difficult to read when they are a solid block of text especially when people use a small screen.

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This is my response to the FOS decision before it was escalated 

 

This is pretty much everything in a nutshell @BankFodder the SAR's were all sent yesterday including the financial abuse policies letter now I don't know what to do in terms of next steps please any guidance will be much appreciated as I have till 11th May to reject the adjudicator response in the meantime I've reported the other loans to the police and I'm awaiting for a cop to attend the property to discuss further 

 

Thank you for your kind attention x

 

Response to adjudicator.pdf

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I've been trying to put together a much shorter chronology of what has happened.

A lot of what you have written is about the investigation and that's not relevant to helping us understand why the problem occurred in the first place.

This is what I have so far:

July 2015

Brother took victim to car dealer to buy car ostensibly with a loan for £6000 in her name.

Signed the agreement without paying attention.

Discovered that loan was for £25,000 for white BMW

direct debit – £391 per month

BMW car registered in victim’s name and insured in her name

September 2015

Brother sold car without permission or knowledge of victim for £16,000.

Victim too frightened to talk about it with brother. Brother may have forged signature on V5 document

 

Brother kept on making loan repayments

August 2019

Letter from insurer referring to a conversation with the brother. Apparently insurance policy was cancelled.

November 2019

Discovered that insurer had voided insurance since inception due to identity fraud.

Police informed and crime reference number obtained

December 2019

Brother stop making loan repayments. Victim had to start making payments from her own savings.

Complaint made to Barclays that loan was mis-sold as brother had lied to them about the financial status of the victim.

Barclays upheld complaints and refunded some payments.

January 2020

Receive default notice from Aviva insurer. They had apparently written in 2018 but letter was only received January 2020

 

Aviva wrote off a single payment. Close account and sent resolution letter.

February 2020

Aviva sent another default notice concerning missed payments. 

Page two

 

6 February

brother is apparently transferring vehicles online

12th February

use bank transfer to set up direct debit to RSPCA

28th February

insurance letter informing of money outstanding on cancelled insurance policy

victim contacted insurer and they agreed to stop further letters or reminders

29th February

Aviva sent letter saying that a full year’s premium was due. Aviva told that it was fraudulent and warned them that brother might try to make a chargeback.

Brother did make chargeback and Aviva went ahead and reversed it – no problem.

End of February 2020

brother had by then reversed all premiums for policies taken out from 2015 to 2018 – amounting to total £2891

13 February 2020

FOS complaints started..

 

 

 

 

 

Please will you comment very briefly on any of this.

 

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A couple of questions:

January 2020 – Resolution letter - please can we see this.
6 February 2020 – brother was transferring vehicles – plural?? Do we understand that there were several vehicles being transferred?

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There was no resolution letter just a default notice I can attach that for you 

 

He was changing cars faster than you could change your underwear so I didn't think I had anything to donwith any of that as I had only taken the car loan which wasn't attached to the car by the way 

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But you say that they agreed to cancel a payment in January 2020 and they sent you a resolution letter in respect of this.
I don't understand if they agreed to cancel the payment and then send you a default notice on the back of that agreement.
"Resolution letter" are your words.

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