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Aviva ignored signs of financial abuse by sibling and supported by FOS


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I have had the complaint directed to the ombudsman who has not upheld my complaint,  Aviva have set a policy up in my name whereby my brother claimed he was my husband,  he's made payments

 

all his details, just used my name and address and made me main policy holder, I've not spoken to Aviva at any point they've happily set the policy up, he's reversed all the premiums and now they're holding me liable as its their procedure that anyone can set a policy up, anyone can make payment and anyone's email address can be used, my identity hasn't been verified,

 

a policy investigation was done whereby my sibling has submitted the documents, he's stolen some of my ID and was dealing with V5 certificates online, I never received these but I'm not sure if he's set up a PO box to receive my post, I have no idea the whole policy was controlled by him, the ombudsman has clarified this but regardless has not upheld the complaint and doesn't feel Aviva have done anything wrong , how does this protect me as a consumer this opens anyone up to anybody taking insurance without their knowledge

 

Is there anything I can do or is that it, whatever the financial ombudsman has said goes?

Not only will I have to pay his liability I might also end up with default.  the ombudsman has given me till the 11th May to accept or reject her decision .

 

What happens if I reject it as I don't agree with her decision 

 

Any direction will be much appreciated 

 

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@BankFodder yes I did I sent it separate I spike to the officer yesterday too she said she was going to speak to the economic commissioner and shes going through all the evidence and once her sergeant

Given delays in responding to the SAR,  maybe suggest to the FOS that they need to set a new date to reject the decision.  Perhaps they should add 3 weeks.

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Hello, welcome to CAG.

 

I think we may need more information in order to help you. 

 

Are you saying that Aviva shouldn't make you pay because of the deception?

 

It's not clear how your brother set up a policy and kept you out of things. I have to say that I would be more annoyed with my brother from what you've said so far. Did you involve the police?

Best, HB

Illegitimi non carborundum

 

 

 

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He has done an online quote and then rung them up to set a policy up they asked to speak to me but he said he was my husband and had authorisation. the police were involved and they said that its down to the insurance to investigate so I took it to the ombudsman, I had no knowledge of the policy

 

they are holding me liable on the basis of the policy investigation and they claim 12 letters were posted out to me, I only received the default notices as the online portal was locked and I was onto them straightaway

 

had I received or known earlier I would have contacted them too, i dont see why I should be paying the insurance when its got nothing to do with me and I've received no benefit from it 

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

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

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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The policy was cancelled, somehow he's reversed all his direct debits back and they've happily given him the money back even though I've said it was a fraudulent policy 

 

They are now wanting the money from me and are classing it as a domestic and saying I should take it to small claims court but I'm liable

 

ive signed nothing, its just my name on the policy he's used but it will affect my credit check and they could take me to court im assuming 

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they wont go near a courtroom door 

is it on your credit file?

 

dx

 

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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Not showing yet first default noticed I received jan 2020 and they said they had suspended all action on the basis of the ombudsmans decision 

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could all be paper tiger talk

unless they actually trash your credit file, there's little they can do.

 

why dont you get us upto speed and scan up everything in/out since day one with everyone so we can understand the full story

 

use one multipage PDF only in date order ...please read our upload guide carefully.

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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I'm sure there are a lot of questions but I have one. Why did your brother charge back the premiums and what happened when I assume you asked him for the money please?

 

HB

Illegitimi non carborundum

 

 

 

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@Titchytitcha couple more questions:

 

(1) There seem to have been several cars insured under the policy with Aviva from December 2015. For all the cars insured since then (a) have you been the legal owner (ie was the sales invoice/receipt or similar for its purchase in your name) and (b) were you the Registered Keeper named on the log book/V5C?

 

(2) Do you know about the claim in 2017? How much was it for? Where did the claims money go?

 

(3) Put bluntly, the Ombudsman believes you are lying.  The Ombudsman believes you were aware of the policy because of the 12 letters Aviva sent to your home, addressed to you, since the policy started. I too am puzzled about how none of these letters ever arrived at your house.  Have you asked your brother if he intercepted them, and how?  You speculate that he might have set up a PO Box, ie a different address, but that would only work if he'd instructed Aviva to change the policy address to a PO Box. Have you seen copies of any of these 12 letters? Did they show a PO Box address?

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He took a car out on a loan with my name so I was the registered keeper , he sold that car without my knowledge but continued to make the loan payment

 

he was then using my details  to transfer the V5 electronically online from car to car and had me down as registered keeper for his cars but he was using my dads address for the V5 . he continued to use my details

 

this has all surfaced once I reported this to the police

 

his latest insurance was nov 2019 with quote me happy who are purely run online , they placed him on the insurance fraud database 

 

I registered myself with CIFAS and had markers put on my dvla record..I received letters from Jan 2020 nothing before that as im assuming letters were sent into his online portal or some other location 

 

They never spoke to me regarding the policy investigation theyre assuming the forms of information they requested I gave them to my sibling when in fact I didn't I dont know the amount or anything the policy investigation only cane to light through the ombudsmans complaint 

 

Due to the stress its caused I was thinking to pay it but I'm more concerned of getting a default as not only am I lumbered with his debt but also a default 

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Please try and punctuate your posts and insert blank lines

 

Dx

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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5 hours ago, Ethel Street said:

@Titchytitcha couple more questions:

 

.....

(2) Do you know about the claim in 2017? How much was it for? Where did the claims money go?

......


The OP needs to answer all of EthelStreet’s (very) valid questions for a reliable answer to be available, but the 2017 claim questions (all 3!) seem the most promising starting point .....

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At no point was I involved in the policy investigation

 

apparently a letter was sent out to me which I never received but they are going by the fact he had a copy of my driving licence which he could have had from when the loan was taken out as the dealer and him dealt with the application whilst I saw to my toddler this loan was investigated last March 2020 and was abandoned by Barclays as it was mis sold as the sibling stopped making payments dec 2019

 

Hes given a bank statement which all i can think is the loan statement and a copy of the V5 certificates which he could have had postal address of my father's address 

 

The ombudsman has all this information aviva at no point have spoken to me or verified my identity or had anything to do with me

 

I have no idea what this policy investigation relates to how much was paid out I have no details 

 

Hope this helps answer your questions 

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I would suggest that you reject the Ombudsmans decision, on the basis that Aviva cannot evidence that you agreed any Insurance contract with them. 

 

I would dispute some of the reasoning for the decision by the Ombudsman, as they have appear to have taken the word of Aviva in regard to Aviva's processes, where the Policyholder is not present, when the policy is purchased.  The Ombudsman should have asked Aviva to provide copies of their process documents that applied at the time.

 

You might want to consider a Data Protection Act complaint to Aviva about registering any defaults on your credit record, as Aviva do not have your consent to process your data, as you never agreed to any contract with them.  If Aviva disagree about their right to register defaults, then contact the ICO.  https://ico.org.uk/make-a-complaint/

 

We could do with some help from you.

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Thank you Aviva can't even reassure me that if I pay the debt off for arguments sake for the amount of stress it's caused whether a default will be registered they have just said to me there maybe a potential for it to hit my credit report 

 

If I reject am I right in thinking its not legally binding for me and Aviva? 

 They have listened to all calls and im in none of the calls in the 3yrs of the policy not once have they spoken to me or tried to verify my identity 

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Aviva have no proof of you being a willing  party to this contract and no proof you consented to them processing your data. 

 

Personally I think Aviva have made a complete mess of this and have tried to justify themselves.  The Ombudsman has taken the easiest option, withold properly holding Aviva to account. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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That's what it feels like but how do I go about getting out of this mess as I'm not admitting any liability/responsibility they're using the excuse of the letters but hes had a claim on the policy a policy investigation hes taken the money back and when I approached him he said he'd paid its an error on avivas behalf 

 

I had informed aviva that this policy was fraudulent he did the charge backs after I informed them and they happily returned the money to him and are now saying they can't chase him for the money as they can't legally take the money from him ive received no benefit of the insurance 

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Suggest to Aviva that they need to cancel the Insurances and write off any premiums.  No willing consent for the policies in your name and no consent under Data Protection Act to process your data.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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The policy was cancelled in 2018 so how my sibling managed to reverse charge backs from policies running from 2015-2018 is beyond me they happily refunded him.

 

I havent signed anything they are claiming that they don't need to speak to the spouse or verify identity but nowadays every company you speak to they ask for authorisation from the policy holder before they proceed further, and they are saying im liable have you read the ombudsmans decision 

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No futher debate required.

 

Just tell Aviva that the Policies they issued were issued without your willing consent and the data they have processed was and is still without your consent.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • BankFodder changed the title to Aviva ignored signs of financial abuse by sibling and supported by FOS

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