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


Titchytitch
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Not surprising. These people are not big enough to be able to backtrack from a decision and realise that they actually gain by exercising integrity.

I think we have to wait until the receipt of the various disclosures.

Can I just clarify that you did send the FOS a separate FOIA request and a separate SAR request?

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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 approves she will be circulating him as wanted and will have the authority to arrest and lock him up 

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@BankFodder response received from Aviva regarding data access 

Your data access request    

                                                                                   

We write further to your letter of 26th April  in which you made a Data Subject Access Request in exercise of your rights under the General Data Protection Regulation (GDPR).

 

We confirm that the searches and checks for your personal data falling within scope of your request have been carried out.  Please note that the provision of the response is complex as we need to complete a thorough review of all data and ensure any potential exemptions which may need to be applied are done correctly. Because of this we will require additional time in order to complete it.

 

In these circumstances the GDPR permits us to extend our response time by a further two months from the due date of your request (26 May 2021) However, I would like to assure that we will make every effort to respond to you as early as possible.

 

We’re here to help

 

If you have any questions in the meantime, please respond to this email, quoting your unique reference number TXXX

 

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It's not complex – they have got all the data together in one place because of the FOS complaint – but unfortunately there are entitled asked for this delay and there is no way of proving that they are simply scamming the system.

They are mucking you around and it shows what a load of pigs they are. There is nothing you can do – except make a diary note for the new deadline.

Any news from the FOS? It wouldn't surprise me if they try the same trick.

 

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It won't help either way – you are definitely going to decline the decision – but it might have been interesting to get a bit more information to include in any objections that you will make to the FOS.

Isn't the deadline for the FOS response on Thursday?

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Okay well let's wait and see what happens.

When is your date for rejecting the decision?

Don't forget, whether you reject or simply stay silent, your position is exactly the same.

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@BankFodderso in the post just now I have received a cheque from Mary Temple and 3 default notices  so what do I do now please as theure delaying providing the information but they have started sending the default notices again 

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There's nothing you can do about the default notices. The only thing to do eventually is to challenge Aviva – and I'm afraid that it will be worth waiting for the information that they may or may not disclose and also from the FOS. You will need as much ammunition of this is possible.

Also, I think that you need to be in constant contact with the police to see what's happening and to make sure that they are seeing it as fraud not only as domestic abuse. If this can result in an arrest then that would be extremely helpful to you.

At the end of the day I'm afraid that the only way to deal with this would be to put together a case and then to bring an action against them for unfair treatment under ICOBS. It won't be straightforward. It's a very serious action to take although you will be able to do it as a small claim – but you can be certain that they will rise up against you.

I'm afraid that there is no straightforward solution to this but it will take patience and a methodical approach.

Of course what would be great would be if they would sue you for the money because then you would be in a position where your case would be heard by an impartial judge with transparency and disclosure of information – but of course Aviva won't want to do that. They will simply hound you with defaults and credit markers et cetera.

How much they say you owe them?

 

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Posted (edited)

@BankFodderit's £2819.36 should I speak to aviva to inform them I have an extension from the FOS shall I just ignore the default notices for now ? Or alternatively should I email Mary Temple? As she gave a gesture of goodwill for the data access request so how can I do anything until they don't provide me with any info 

Edited by Titchytitch
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Nope. I wouldn't do anything.

The gesture of goodwill was in respect of their unlawful request for further identity details. It has nothing to do with their deadline. However they have invoked the extension profession and so you will have to wait.

2800 quid is a nice bit of money – and frankly you want to hope that they decide to sue you. I wouldn't do anything except if you move keep them updated as to your address and let's see what happens when you eventually get the data you're looking for.

If they sue you, then let us know – it will definitely be an excellent opportunity to sort things out. It may not sound like it – but believe me, it is.

Frankly I doubt whether they will sue you because I expect that they wouldn't dare because they would realise that they will be opening the door to some proper accountability and transparency

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And as you haven't actually declined the ombudsman's decision yet, strictly speaking they shouldn't even be putting defaults on your file.

In fact if you want to write to them then I would simply write a letter saying that you have now received defaults even though the FOS complaint has not finished because the final decision has not been formally accepted or declined.
Tell them that you consider that this is a breach of the data protection rules because it amounts to unlawful processing.

It won't to you any harm to send a note like this. Maybe you'd like to do a draft and post it up here. Refer to the date of the deadline that has been given by the FOS for your final response

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@BankFodder who would I address this letter to or where would I need to send it to as I only have Mary Temple as a contact or would i address it f.a.o Amanda Blanc I will type something up and post it up on here before I send it 

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Address it to both of them.

At the same time you might also tell them that although you understand that they are entitled to ask for an extension, you consider that they have just participated in an FOS investigation, all of the files and information must be in order and all in one place and it is clear that they are simply gaming the system.

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35 minutes ago, BankFodder said:

Address it to both of them.

At the same time you might also tell them that although you understand that they are entitled to ask for an extension, you consider that they have just participated in an FOS investigation, all of the files and information must be in order and all in one place and it is clear that they are simply gaming the system.

Dear Data Protection Team, Dear Amanda Blanc, Dear Mary Temple,
 

Thank you, Mary Temple, for the cheque kindly received today.

 

I am writing to yourselves again, as along with your gesture of goodwill I received three default notices, can I please remind you the financial ombudsman’s complaint has not finished because the final decision has not been formally accepted or declined.

 

I consider this as a breach of the data protection rules because it amounts to unlawful processing. Due to personal reasons the Financial ombudsman has granted me an extension to formally accept or reject the decision by the 22nd of June.

 

I have also received an email from the Data Protection Team advising me that they will need to extend the request by 2months although it was confirmed I would have the data request by the 26th of May 2021.

 

Although, I understand that you are entitled to ask for an extension I consider that you have just participated in a Financial Ombudsman's investigation, on that basis all the files and information must be in order and all in one place and it is crystal clear that these are attempts to stall and simply game the system.

 

I would like the information as soon as possible and would like your swift and kind attention.

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Please check back later or tomorrow

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@BankFodder another company has come back to me after formally investigating the loan and have said its fraudulent i have passed the email onto the police officer who is looking into the fraud.

We advise that our investigation has been completed and fraud has been conceded. 

 

In conclusion, we now confirm that you are not liable for the finance agreement, and the account will be closed.  We will write to the credit reference agencies accordingly to request that your credit report be updated to reflect this. 

 

We have also submitted a detailed report of our investigation, including information given in the application form, to Action Fraud regarding the fraudulent activity, for them to pursue the suspect further if they are able.   

 

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4 minutes ago, Titchytitch said:

another company

who?

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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@dx100uk when I requested my statutory credit report their were 8/9 further loans taken out I wrote to omni capital and raised this as fraud gave them the crime ref amd they have concluded the above 

These loans were also taken out around the same time period as the insurance 

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thats should strengthen your case..as evidence of the whole picture of what went on...

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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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17 hours ago, Titchytitch said:

Dear Data Protection Team, Dear Amanda Blanc, Dear Mary Temple,
 

Thank you, Mary Temple, for your goodwill cheque which I received today.

 

I am writing to yourselves again, as along with your gesture of goodwill I received three default notices, can I please remind you the financial ombudsman’s complaint has not finished because the final decision has not been formally accepted or declined.


I consider this as a breach of the data protection rules because it amounts to unlawful processing. Due to personal reasons the Financial ombudsman has granted me an extension to formally accept or reject the decision by the 22nd of June.

As the Financial Ombudsman Service procedure has not been formally brought to a close, you should not have resumed processing my data and you should not have issued the defaults. On this basis, I making a formal complaint and I look forward to receiving your final response so that the matter can be escalated to the FOS.

 

As I'm sure you know, it your Data Protection Team has emailed me and advised me that they will need to extend time limit for responding to my subject access request even though they earlier confirmed I would have the data request by the 26th of May 2021.

 

Of course I understand that you are entitled to ask for an extension but I think that we all know that as  you have just participated in a Financial Ombudsman's investigation, all the relevant files and information must be in order and all in one place and your extension is merely an exercise in gaming the system.

 

I take this is more evidence of your defensive approach to trying to cover up your mistakes.

I look forward to receiving your comments and certainly to your final response in respect of the above complaint.

 

How about this?

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