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


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If I were you I would send the SARs first before you start challenging any data. If you challenge data they could use that as a basis for not informing you as to what they've got.

Gather as much information as possible before you start upsetting apple carts

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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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The companies im ringing are the soft searches that were done the loan companies have had SARs sent to them and they've asked me account details emails etc which aren't my email addresses or numbers so it's highlighting as fraud to them so they've referred it to their fraud team as these are settled loans which are paid so last thing I want is him filling out an indemnity claim with bank and having these reversed 

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Well I suggest that you call them. Do it straightaway and satisfy the requirements.

You should point out to them at the same time that it is ridiculous that they are asking this because they have been happy to write to you and to threaten you at this address and this identity – but now that you are asking them to disclose information, they are getting funny about it. Make sure that you make this point to them and ask them to make a note of that.

Tell them also, that the effective date of the SAR is 26 April and that even though they are seeking to identify you now, the data protection act provides that time taken to verify your identity does not mean a new start to the clock.

Make sure they understand that and make sure they make a note of it and read it back to you. Read our customer services guide about getting people to recite their notes back to you. It's very important to take control.

Make sure that they realise that you fully understand the SAR rules. That their requirements for ID verification are simply a game that they are playing and an obstacle given the correspondence they have already been sending you. Make sure they realise also that there identity verification has not stopped the clock. Make sure they realise that you are fully aware of the data protection act requirements and that 30 days is the outside limit and it does absently start from the 26. One them that if they are late then you will begin a court action against them and that they shouldn't be in doubt about this.

In fact if I were you, after you have done the verification, tell them that you want to begin an ombudsman complaint about their abuse of the data protection act verification procedure. Insist on it.

Make sure they understand that every time they muck you around it means trouble

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@BankFodderI think they've actually put their foot in it now I did ring but I had to leave a message for them to contact me I might just email them with those points too what do you think x

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I'm afraid I would keep on telephoning them to make sure that there are no mistakes.
Email them as well – but if I were you would telephone them for your own certainty that they have got what is needed and that they are going to expedite the SAR

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Personally I would skip all the outrage of finding things amusing and insulting et cetera.
As my own personal style but I would tend to keep the emotion out of it simply states actually that you consider that the requirements are intended to place a deliberate obstacle in your path and probably a breach of the data protection rules as they clearly have all the necessary information to identify you because they have been writing threats et cetera for some considerable time, not to mention correspondence with the FOS.

I think I'd then point out that if they do exceed the deadline that not only will you bring an action on that basis but also that they have raised unlawful obstacles. I will try to keep it deadpan

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Looks fine. Send a copy to the FOS – make sure that it is clear to Aviva that you are sending a copy to the FOS

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I think it is worth letting Aviva know at this point that you are involving the FOS even on the data disclosure. It might make them concentrate little bit more – if they bothered to take notice.

The objections will be dealt with later.

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Well it's up to you. I would send a copy of your SAR response to the FOS as well. What harm can it do?

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I'm keep on trying to explain to you that I think that you should send the above letter verifying your ID and which you are sending to Aviva – that you should send a copy of that to the FOS and make it clear that on the letter that you are copying back to the FOS so that Aviva understands that the FOS can see what is happening.

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@BankFodder sorry I misread apologies I've had a close death this week so head is all over ... I've sent the letter to aviva now and I mentioned a copy of the letter will be getting sent to the FOS too 

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@BankFodder I have had a little ray  of hope given to me one of the companies Z had taken a loan out with confirmed it was for private registeration plates which link to Z plus again hes used his own email own number and own bank details they have fully investigated this took them 2.5hrs to label this as fraudulent 

Secondly, the police git back I touch with me the case is with the domestic abuse team the lady officer dealing with it said there's enough evidence here to arrest him and do a house search she asked for copies of my credit report which I have given plus the company who said it was fraud asked for the officers details and vice versa so im assuming they'll be talking to each other too ...finally think I'm getting somewhere thank you for all your support and encouragement  x

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Thanks for letting us know.

Please make sure that you keep detailed logs of everything that is happening and if there is ever any opportunity to get copies of anything – make sure you ask them. Don't expect to be given anything without asking.

Which is the company which identified his application as fraudulent? I think it would be worth knowing more about this because it could act as a model for the way that Aviva should have acted and I think this will help.

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@BankFodder it was close brothers financial but the fraud team that looked into it was Klarna again I had received no correspondence from this company either so Avivas argument of sending me correspondence falls flat

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I'm not sure that I see the connection between the lack of correspondence.

Have you sent close Bros an SAR?

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@BankFodder yes I did 

 

The fos claimed that I had received the letters when in fact I only started receiving letters when account went into default in the same way I hadn't received any of the loan correspondence from close brothers or klarna 

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Please put it all into a spreadsheet. Dates, letters, who sent what to who – and your comments.

We need to be a to get an overview of what is being claimed against what you say about it

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