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Aviva fraudulently processed my data without authorisation o


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@BankFodder new thread as requested 

 

Aviva have processed my data to set up a policy in my name which my brother had set up without my knowledge

 

He was paying for the insurance took full use and advantage of it,  he then reversed the premiums back which aviva happily refunded back to him and are now chasing  me for the monies owed

 

I have been fighting this out with aviva for 2yrs last correspondence from them was in Dec 2021 default notices were sent to me and I've heard nothing since 

 

Do companies write the debt off after a number of years or should I be worried I've not heard back from them I was advised to sit tight and see what else they post to me before I take any action myself 

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Thanks for starting this new thread.

Whether or not they write off the debt after a few years has nothing to do with this principle issue that they opened a policy in your name on the basis of some unknown third party on the telephone who didn't use the same name as you and didn't use the same address and didn't use the same bank details.
It is this data protection error which has caused the entire problem and if you would like to tackle that – the root cause – then it seems to me that your course of action is to begin a claim against them under the data protection act.

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You should understand that if you are going to take this action against Aviva that they are going to make it very tough for you because it would be a very serious matter for them.

Can you just remind us about the result of the SAR which you sent to them. Please give the date that you sent it, the date they disclosed and what the result was

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@BankFodder how do I do that ? And should I sit tight for now to see if I receive any further correspondence from them ?

 

Also if you remember extended family have offered to pay aviva back but this would be without any admittance of liability from myself 

 

I dont see why I should pay it back personally I've not received any money yet its all hearsay at the minute but its a potential option 

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@BankFodderi hot this response in october 

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

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Okay so they admit that they spoke to somebody – not your name who simply gave details which would identify you but even those with very general, simply a date of birth and an address.
I seem to remember that he used a different address for himself and a different bank account.
He also said that he would simply be the named driver on the vehicle – is that correct? Not the main policyholder

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@BankFodder he had the policy set up on my address but he was using his own email address and had linked avivas online portal and was accessing updating and managing correspondence via the portal 

 

He had me down as the main policyholder and himself as the named driver 

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Also, did you ever asked them to disclose their data protection policy? Maybe you could be kind enough to go to their website and see if you can find a link to their data protection/privacy/due diligence policy and let us have it here.

Have they ever refused to speak to you or refuse to supply you with data?

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@BankFodder  one of their advisors got nasty with me theyve tried to stretch it out as far as they can knowing they've gone wrong somewhere 

 

Towards the latter part of calls the staff were getting firmer in tone and not really answering the questions we asked 

WWW.AVIVA.CO.UK

Protecting your information is at the heart of our business. Our privacy policy outlines the type of...

 

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Please can you explain what you mean when you say the adviser got nasty.

What were the questions that you were asking which they didn't answer?

 

Have you received Transcript of these calls?

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Does this mean that there are missing transcripts?

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Okay – but you have a pretty good account of them from the FOS report so that is a good start.

I think you are in a position now where either you have to begin a claim against them or you have to accept what has happened and get used to it.

Can you lay out what your losses are –

Itemised men bullet pointed fashion – actual financial losses, impact on your credit file and other effects – has impacted on your ability to get other insurance et cetera?
Give us a bit of information about the distress that you have suffered

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@BankFodder when you say accept the situation what do you mean? As in sit tight and see what else aviva throws at me ?

I havent suffered any financial loss yet as it didn't reflect in my credit score

 

Financially I'm struggling especially since the pandemic so im not sure whether it's wise to sit tight and see what Aviva throw at us in the next couple of months  ans then decide whether we should go down the court route 

 

What are the worst case scenarios? Obviously in the interim if I get any money from extended family then that's also an option 

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I thought the debt information was on your credit record ?

We could do with some help from you.

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@unclebulgaria67 its showing as payments been made its not showing defaulted as of yet when i did my last credit report 

 

how long is it before companys wipe the debt off its been 2yrs since I've been fighting aviva but there suddenly calm is worrying me u was abroad when I got default letters chasing the debt came in Dec not heard anything since

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By accepting it I mean that new just put up with it and sort out the debt yourself or try to get it from your family or your brother but then you move on.


 

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No it wouldn't be you admitting liability. It would get them off your back I suppose but I don't think it would change very much else.

It's up to you whether you want to sit tight or whether you want to go ahead and take more assertive action.
I rate your chances on a data protection action as pretty high

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Anyway, I had thought that you had decided some time ago that you are now prepared to go ahead and take some action.

It sounds to me is if you are not certain and so already this thread is starting to meander.

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@BankFodder one cragger has suggested putting a complaint to the ICO would this help?

 

I would need help drafting the complaint please to ico?

 

I guess they've breached data protection could you explain what I would need to do and what potentially aviva could do ? Would they let it go to court or would they try to settle out of court 

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The problem with the ICO who you could complain to, is that they will do whatever they can do, to avoid doing anything.

 

Aviva should not have without consent processed any data in your name. 

 

The problem is that Aviva appear to be believe that you were aware of the Insurance that was being arranged.

We could do with some help from you.

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@BankFodderlast time we spoke it was regarding sending them a payment letter about charging interest to the amount and paying them off to get off my back but we had agreed to maybe sit tight and see what else comes my way from aviva before taking action

 

I havent received any money yet from extended family and I was getting worried with aviva going quiet  which is why I contacted yourself to see what is the best way forward 

 

Because before I went abroad they police had turned it into a domestic sating no further action as the eldest brother gave a false statement saying a verbal agreement was made in front of him 

 

 

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