Aviva fraudulently processed my data without authorisation o

[Titchytitch]

@BankFodder will do thank you 

[Titchytitch]

@BankFodder this is what i'm due to send today is this ok ive made the amendments

Thank you for your call today which I received at 3.23pm on the 2^nd of June from one of your colleagues in the complaints team in which you stated that regardless of accepting or rejecting the ombudsman’s decision Aviva will continue to chase me for the money. The person who called me – you did not identify himself – also explained that apparently the person who arranged the insurance had no need to consult with a manager first to allow the insurance policy to be taken out by a named third-party.

 

As a company I would like a copy of your internal policy/procedure which allows you to set up an insurance policy without the knowledge of the supposedly main policyholder, or which requires no authorisation from them to enter into a credit agreement or contract.

I find it highly amusing that every time you contact me now you complete the data protection customer verification, where was this verification when a policy was being set up and throughout the duration of the policy not once was I spoken to.

This is a stark contrast to the sloppy procedure that you used when you fell victim to a fraudulent application in my name when you are keen to get new business. Aviva claims that all their call handlers are trained to spot signs of domestic, economic, and financial abuse so how was it missed in this instance?

To be clear, I have made my complaint to you in writing and I want responses in writing. Do not start using your casual telephone approaches me. If you are rejecting my complaint then let me have your final response in writing and we will go to the ombudsman.

I have no confidence in the way you conduct your proceedings over the telephone. It is this slack approach by which you allowed yourself to be defrauded and in respect of which you now try to pass the buck onto me.

In writing please. No more phone calls or else this will be the subject of another complaint to the Financial Ombudsman.

 

Can I also please remind you that I am still waiting on the data access I requested back on 23^rd April 2021. As explained in my previous correspondence you should have all the information following the investigation by the ombudsman, I would like this information as soon as possible.

I look forward to hearing from you in due course.

[BankFodder]

I don't think you should be asking for their internal policy at the moment. Also, my personal taste is that I would start saying that I find it highly amusing – et cetera.

Frankly I would leave the message exactly as I had suggested and I don't think it needs the other things or the embellishments

[Titchytitch]

@BankFodder thats fine I'll send your version to them thank you for reviewing ☺

[Titchytitch]

@BankFodder I sent emails yesterday to Aviva ....the FOS hasn't responded back with the information other than the email I copied in on this thread 

I'm.conscious of the rejection that we will be sending when will we be compiling the letter as I don't know where to begin with it 

I need to respond by the 22nd June 

Edited June 4, 2021 by Titchytitch

[BankFodder]

Don't worry. We'll do it – lots of time.

When is the return date for the FOIA and SAR request to the FOS?

[Titchytitch]

Both were due last week but I received this email from the FOS 

I’m getting in touch again further to recent correspondence regarding your Freedom of Information request.

 

I’m writing to apologise that we haven’t been able to respond by the timeframe set out. I’d like to reassure you that we are currently working on your request, and I hope to be in a position to share our response by the end of next week.

 

We’ll be in touch again in due course. Please accept my apologies for any inconvenience caused by the delay.

[BankFodder]

What about the SAR?

[Titchytitch]

Was due by 28th May and I've heard nothing 

[Titchytitch]

I work in our Data Protection team and part of my role is to respond to requests for information.

 

Thank you for your letter requesting a copy of your personal data.

 

As you’ve asked for your data, we will provide a copy of the data you’re entitled to in line with the General Data Protection Regulation and Data Protection Act 2018, which relates to your complaint.

 

In order to keep the information as secure as possible, we generally send information electronically by uploading everything to a free, secure online file-sharing portal, which only you and our team will have access to. Please note that you will not need to pay for the information. We’ll send you an email with a link to the documents when they are ready. You’ll then be able to download and save the files.

 

A copy of our privacy notice for consumers, which explains how we process and share your data is available here.

 

Under the General Data Protection Regulation and Data Protection Act 2018 we have one month to process your request. So we’ll be back in touch by 28 May 2021.

[BankFodder]

In that case I would send them a message immediately and tell them that they have not met their 28th of May deadline and in any event they have breach their statutory duty.

You want a reply

[Titchytitch]

@BankFodder I've sent them an email will update once I hear anything 

[Titchytitch]

@BankFodder response from FOS

Thank you for your email.

 

Further to our previous communications about your subject access request, we’re getting in touch to let you know that we won’t be able to provide you with the information within the timeframe we initially sent out. Unfortunately your request has come to us at a busy time and due to the increase in the number of requests we received, we haven’t been able to process your request as quickly as we would have liked or within the one month timeframe.

 

We are sorry for any inconvenience caused and we are working through the requests we have received as quickly as we can. We will be back in touch in the next three weeks to either let you know we have finished processing your request or to provide you with a further update.

If you are unhappy with this response, you can make a complaint to the Information Commissioner’s Office. Their helpline number is 0303 123 1113 . You can also report concerns to the ICO online via their website: https://ico.org.uk/concerns/handling/

Once again we are very sorry for the delay in sending your information to you.

[Titchytitch]

@BankFodder what are your thoughts on the email above ? Should we start working on the response for the rejection letter seen as FOS has played the system like aviva we asked for an extension on the basis we would have the info but we haven't received anything 

[BankFodder]

Note we can wait a bit longer.

Can you remind me of the decision date for the FOS please

[Titchytitch]

@BankFodder I need to reject by 22nd June 

[BankFodder]

OK - no hurry

[unclebulgaria67]

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.

[BankFodder]

What a good idea.

We will draft a letter to send to them on Monday. Even if they refuse to extend, it will certainly be a bit ironic in view of the fact that they have extended their own deadlines

[Titchytitch]

@BankFodder I agree as the whole reason for the extension was that we would have the information from the SAR to reject the decision thank you  

[BankFodder]

Quote

Dear Sir/Mdm

Reference number XXX – extension of deadline to respond to FOS decision

As you know, you have been kind enough to extend the deadline for my response to your decision until XXX date.

However, I have sent you a Subject Access Request under the Data Protection Act and have received a response from you that you need an extension of time until XXX date.

Additionally, I have sent you a Freedom of Information Act request and in respect of that, you have already exceeded the statutory deadline but I have now received a message saying that you need extra time.

I needed this information to which I have a statutory entitlement in order to decide my response to your decision.

As you are apparently not able to provide me with the information I need within the normal statutory timeframe, I would be grateful if you would agree to give me a further extension until such time as I have received all the information I have requested from you and have had time to consider it – probably an extra 14 days.

I should also point out to you that I have made a Subject Access Request to Aviva insurance and they have asked for a three months extension to XXX date. This is also causing difficulties in framing my response.
The Aviva data protection is apparently because it will take them at least this amount of time to compile the data. I have pointed out to them that this is surprising because as they have recently been participating in the complaint that I have made about them to the financial ombudsman service, I would have thought that all the data was already organised and in one place and would not need any more processing.

I have not received any response from Aviva on this point.

 

Anyway, I'd be grateful if you could give me a further extension until such time as all statutory data requests made to your office have been satisfied – plus time for me to process it.

Yours faithfully
 

 

Oh how we laughed.

[Titchytitch]

@BankFodder perfectly summarised I'm tempted to change 14 days to 21days is there any way we can add anything about default notices that aviva are sending despite being told about the extension and lack of information provided by them ?

[BankFodder]

21 days might be pushing it – and don't forget we are asking basically for an open ended extension which is based upon their own satisfaction of your statutory requests.

Frankly I'm sure they won't like it and it wouldn't surprise me if they come back with an answer which refuses you and says that it doesn't depend on them it depends on an Aviva. Maybe I'm being too pessimistic. We'll see.
If you are happy with it all then I suggest that you send it on Monday.

Brilliant idea from my site team colleague @unclebulgaria67

[Titchytitch]

@BankFodderthat's fine I'll get it sent to the investigator at the FOS who agreed the extension thank you so much @BankFodderand @unclebulgaria67

[BankFodder]

If you have other contact email addresses within the FOS then send them as well. As always useful to make sure that an addressee knows that there are other recipients of the same message – especially when they are likely to be a bit touchy about this kind of thing