Aviva fraudulently processed my data without authorisation o

[BankFodder]

No point in making any further complaint to the police.

I think you are already starting to understand that the ombudsman won't help you, the independent assessor won't help you, the police won't help you.

None of this is surprising.

You will have to go it alone.

Write out your own statement explaining why this story of a verbal agreement must be untrue.
Get your husband to do the same thing – independently.
I understand that you may have a cousin to whom your elder brother has already said that he had no idea what was going on with the insurance. Try and get a statement or recording of him saying that or an exchange of SMS messages.

 

[dx100uk]

Test only please ignore..

 

 

Gick try now.. regards dx

 

 

 

[Gick]

Thank you dx, all seems fine now!

[dx100uk]

[Titchytitch]

@BankFodder do you think it's worth complaining to the police regarding how they've handled my case just so it's on record in case there's any comeback 

[unclebulgaria67]

@Titchytitch What would be the grounds for your complaint ?

 

They have investigated and decided that they do not have enough evidence to put to prosecutors.

 

Only worth going back to the Police, if you have further evidence that they have not considered.

[Titchytitch]

@unclebulgaria67 they were meant to take a statement from my hubby who was supposedly meant to be present during this verbal agreement and the extended family member to whom Mr Z had provided the screen shot of payment made and his recording admitting he had paid the insurance  she didn't speak 5o him either for a statement 

 

The investigating officer was on annual leave from 27th Sept-13th oct Mr z was arrested 21/09 and interviewed 22/09 . They are saying avuva believe there was a verbal agreement hes my brother not my husband he claimed to be my husband 

 

I asked the officer how he isn't being charged for defrauding a company she replied Aviva don't believe they have been a victim of fraud which is absurd??

 

The supervisor said of I wanted to put a complaint in I can and it will be reviewed independently so I was thinking of complaining on how the case had been handled the investigating officer was on annual leave and she came back and decided there's no further action purely based on the fact my eldest brother gave a false statement saying the verbal agreement was made in his presence since when has a verbal agreement been a base for a case ? There was no agreement made and the officer never took statements of my hubby or cousin even though she said she would 

 

I was thinking to put a complaint in for the record really 

[BazzaS]

The police investigate.

if they believe an offence has taken place they pass it to the CPS for a decision on if to prosecute / charge the person with the offence.

 

The CPS “charging standard” is two-fold:

a) that the prosecution has a “realistic prospect” of success, while

 b) prosecution is in the public interest.

 

Don’t forget that the required standard of proof for a criminal prosecution is “beyond all reasonable doubt”.

 

You need to enquire if the case was passed to the CPS or if a decision it shouldn’t go to the CPS was made….. to determine if you complain to the police, the CPS, or both.

Edited October 15, 2021 by BazzaS

[Titchytitch]

@BazzaS they said they believe there's insufficient evidence as it's all word of mouth and hear say even though they have clear evidence ge has made use of the insurance he has controlled the policy companies have said hes made fraudulent applications and the premiums have gone out of his account and he's had it reversed so monies have been returned to himself 

 

So um finding it hard to get my head around why all the other evidence has been thrown out and they've based it just on the fact the one who committed the fraud said there was a verbal agreement the eldest brother has given a false account and that aviva are saying a verbal agreement existed and all other evidence has been undermined 

[BankFodder]

I'm afraid that I don't believe it's worth chasing the police or anybody else at the moment – other than Aviva using the other thread in relation to data protection issues.

You can see that by and large nobody really wants to get involved. They all choose the path of least resistance. As far as they're concerned Aviva will get their money and they reckon that it will all die a death.

I understand that you may have a source of funds to buy off Aviva and if that's correct then it may well be worth paying them simply to get a quiet life and to mitigate your losses but do so under protest.

We need to discuss how this might happen

[Titchytitch]

@BankFodder yes but it needs to be without me landing with a default or it affecting my credit rating ?

 

We have quite a bit to think about let me return from holiday relaxed and recharged ready to attack in a tactful manner 

 

Many thanks 

[Manxman in exile]

I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.

 

I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.  

 

But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.

 

One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it. 

 

(I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)

 

Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS

 

I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.

 

I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.

 

One other question: is your husband and are your family supporting you through this, or are you going it alone?

[Titchytitch]

@Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .

 

Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler. 

 

He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.

 

You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.

 

My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed 

 

I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 

[Manxman in exile]

Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:

 

19.  Decisions that are not eligible for VRR include:

...

iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold]

Victims' Right to Review Scheme | The Crown Prosecution Service

WWW.CPS.GOV.UK

 

I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.

 

If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.

 

I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...

 

[Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]

Edited October 15, 2021 by Manxman in exile

[Manxman in exile]

I'm afraid you won't get a complaint drafted before tomorrow morning - and I think most others here think it would be a waste of time anyway and that the police decision won't change.  I would ask for a review and make a complaint on principle, but I suspect you are better off concentrating your effort on your other thread and direct complaint against Aviva.

 

Unless you are out of the country for an extended period I'd wait until your return before considering futrther whwther to complain about the police.

 

[ By the way, just so that you don't mislead yourself as it's a mistake many people make, ALL agreements are "verbal" in that they are composed of words.  Some agreements are in writing and others are oral, spoken or vocal.  The law recognises oral or spoken agreements just as much as ones that are written down.  The only practical difference is that oral agreements can be difficult to prove in a dispute]

[Manxman in exile]

If you are flying away tomorrow (or rather this) morning I'd just forget about complaining to the police now.  As BF said earlier it's probably just a waste of your time anyway so I wouldn't worry about it.  Forget it for now.  Have a safe flight and concentrate on your other thread against Aviva.

[Titchytitch]

@Manxman in exilethank you for your input its very appreciated yes I've limited time will see what I'm dealing with when I get back 

[Titchytitch]

@BankFodder I have received a response from aviva they have assumed authorisation as he claimed to be my husband they are not giving a full transcript of the inception call I am unable unable listen to the transcript due to being abroad etc 

 

Below is their response :

 

Good morning Mrs Bi

 

Thank you for your patience in awaiting our response to your e mail dated 27^th September 2021.  We have now had the opportunity to review the call made to set up the policy and have attached a transcript of the part of the call which highlights your own personal identifiable information.  As you will see from the transcript, we spoke to Mr Mohammed Zafar who confirmed your date of birth and address and that he was authorised to deal with this matter for you.

 

I do hope this information is useful to you and resolves any outstanding queries you may have but please do not hesitate to contact us again should any concerns or queries remain.

 

I have password protected the file with the same password as we have previously used.

[BankFodder]

Okay we will deal with this when you get back. No real surprises here. They are scrambling to find some kind of justification.

It's quite ridiculous that they can have 1/3 party on the phone who simply gives somebody's name and address and a verbal assurance that they are authorised and that the company then goes ahead to issue contracts in their name.

This is clearly an example of unlawful data processing, in my view.

I don't think there's much else we can do on this thread and I think that we should start dealing with things on the other thread when you get back

[Titchytitch]

hope you're well

just to keep you in the loop with things,

whilst abroad i have had a freak accident i slipped on some marble flooring and dislocated my left knee it came out completely from the knee socket, bruised my left arm and elbow heavily  due to the weight of my body on impact and fractured my ankle. 

Im currently bed bound with a cast on my leg i was unable to travel back as the doctors wouldnt allow me to. 

I heard back from Aviva on 20/10 with the following response:

Quote

 

Good morning Mrs Bi

 

Thank you for your patience in awaiting our response to your e mail dated 27th September 2021.  We have now had the opportunity to review the call made to set up the policy and have attached a transcript of the part of the call which highlights your own personal identifiable information.  As you will see from the transcript, we spoke to Mr Mohammed Zafar who confirmed your date of birth and address and that he was authorised to deal with this matter for you.

 

I do hope this information is useful to you and resolves any outstanding queries you may have but please do not hesitate to contact us again should any concerns or queries remain.

 

 

I have access to emails so can continue to work whilst im bed bound, i have received nothing in the post from Aviva chasing payment or anything due to police now taking no further action.

 

I also havent heard back from the independent assessor

 

This is a short summary of where we are at , i gave a statement to yourself which you were finding hard to follow so we can work on that if you like, hubby will email you his and the cousin hasnt responded yet

 

Thank you for your patience but this freak accident has left me highly traumatised as it was not how i was wanting to spend my holiday but i thought id keep you all in the loop.

 

Much love x

[BankFodder]

Thanks for this.

Obviously you won't be able to continue this claim until you have recovered and have returned safely.

The message that you have from Aviva is very helpful because it clearly indicates that they have nothing else from you.

They are effectively admitting that they opened a policy in your name – created contract with you – even though you weren't present – and they simply took the word of some unknown third party who happened to have your personal details.

I think what we will need is a list of all the communications which they apparently tried to send to you and your comments in relation to those as to why you didn't receive them.

I feel that I may have asked you this in the past – but anyway I'm asking you again.

A tabulated list would be very useful – for column – date, nature of communication from Aviva – did you receive it yes/no – comments.

Clearly the ombudsman speculated on this and that was a very strong basis for the ombudsman finding against you. We now have to be ready to counter that.

The statements are important – and your cousin' s statement is especially important

[Titchytitch]

before I came abroad I checked with royal mail if they could tell me if any of my mail had been intercepted with they said they could only go back max 4yrs so this aviva business would be out of their window or remit to investigate 

I will speak to the cousin when I'm back he should also be back in the UK 

Yes we will tackle this when I'm back home I've booked return flights for 25/12 but aviva have sent nothing in the post yet will post any communication from them should I receive any 

 

Thank you 

[Titchytitch]

I have started receiving mail again from Aviva chasing the debt letters

I have emailed them to your email address for your reference

I am still abroad so im unable to send them in the format accepted in site

im due back Xmas day once my cast is taken off my leg

 

can we draft a letter or email please that i can email them in the interim to keep them off my back till I'm home safely before I tackle this

Sorry im drugged up quite badly on painkillers so not fully there any direction would be greatly appreciated as to how I tackle this now  thank you in advance 

[BankFodder]

There is nothing you can do and there is no point in writing to them. If they send your letter of claim then let us know. Other than that, there is absolutely nothing we can do until you are in a position to start dealing with it properly.

[Titchytitch]

would you say its worth starting the county court claim via small claims court while I'm out here ?

As I'm due back in a couple of weeks and I have access to my emails ?