Aviva fraudulently processed my data without authorisation o

[BankFodder]

But they provided you with data relating to you? This despite the fact that you have never any dealings with Aviva and you have never given permission for them to hold your data?
Is this correct?

[Titchytitch]

yes that's correct I've never dealt with Aviva the details they've used are my name address and date of birth that's all they hold the rest is details of the sibling 

[BankFodder]

Okay this is excellent.

This means that we have a pretty will open and shut case in terms of inaccurate data processing.

I can imagine that this is an extremely distressing experience and by coincidence, breach of data protection rules is one of the very rare areas where you can claim against a data processor to recover damages simply for distress.

I think that we can begin this campaign against Aviva by suing them under the data protection act. How does that sound to you?

[Titchytitch]

Let's go for it ! At no point have they spoken to me as the ombudsman had put in her findings the whole policy was controlled by the brother they haven't even completed basic data protection never spoken to me until the default notices started arriving 

I gave them authorisation to speak to my sibling at that point as I had no idea what this policy was about 

I'm happy to follow your lead

[BankFodder]

Okay, have you ever sued anybody before?

I can imagine that they will start off by trying to settle your claim out of court. Normally speaking if you refuse to accept their offer then you would be at risk of having to pay their costs even though you would win your judgement because the court would take the view that there was no point in going to litigation because everything you had asked for had been put on the table.

However in this case, because first of all it would be a statutory breach – and secondly, because I would expect that the storage of your personal data would continue even after they settled, I think you would have a reasonable basis for continuing the action and the cost rules are that if there is a reasonable basis for refusing an offer and continuing the claim then the court can decide not to award costs against you.
However it is a risk – albeit a very small one.

[Titchytitch]

only in employment for unfair dismissal but its always been settled out of court .. but nothing on this level 

I'm happy to follow your lead 

[BankFodder]

Please will you start off by reading up the steps involved in taking a small claim. It's pretty straightforward but you need to know the steps in order to be confident about what you do.

Secondly start reading up about data protection. Don't worry about the Act for the moment. Start reading up on the information Commissioner's site and you are looking particularly for references to the necessity for authority to store and process data.

Start understanding the differences between a data holder and a data processor – and what they are allowed to do and what they aren't allowed to do.

I think you need to be fairly comfortable with the vocabulary in order to move forward confidently

[Titchytitch]

due to fly in 3wks for 3wks would it be worth waiting till I get back or to press on?

As whilst the police have been investigating I've not received any further letters from aviva 

[BankFodder]

It's up to you.

You could spend the weekend reading up and then send the letter of claim on Monday – and then issue the claim shortly before you go.

It depends whether you have access to your email et cetera while you are away.

I would be amazed if they failed to respond – but if they did, then you would put in for a default judgement immediately and then enforcement. However I would imagine that they would respond with an acknowledgement of service giving them a full 28 days to file a defence.

This means that you would receive the defence roughly when you returned.

However you would have to be able to keep in contact with the court system by means of email and also with us.

Of course if you wanted then you could leave it for the full six weeks and we can start then.

You decide

[Titchytitch]

would you mind if I left it till when I come back I just literally want this break to be a recharge mentally, physically emotionally

I've had to go through a lot of distress and not to mention I've not been able to grieve my fathers loss ,

 I want to use the time away to break off from all of this so I can mentally recharge ready to fight when I get back hope you understand x

[BankFodder]

Of course. However I do think that you should spend the next few weeks reading up on the County Court process and also data protection.

No need to go to the data protection act – but lots of summaries around the Internet – and the information Commissioner's website is a good place to start

[Titchytitch]

@BankFodder I've just received some update from the police officer Z gave a prepared statement he was specific of the solicitor he wanted which is a family friend who I don't trust so she has further enquiries to follow :

 

-He claims a verbal agreement was made between me and him and my husband my eldest brother and late father were present this is a lie if this was true why would he need to claim with aviva that he was my husband 

- 2nd he is claiming I have correspondence with aviva where I have signed documents another lie I havent signed anything which leads me to believe he has been forging my signatures 

 

police officer has said she will be speaking to aviva and asking them why this hasn't been classed as fraud and for any info 

 

I have asked the police officer to speak with my husband in her line of enquiries I feel sick to the stomach taht your own can go to this extent 

 

Once her enquiries are in she said she will decide whether it will go to CPS or not 

 

please advise if there's anything else i can do 

[Titchytitch]

the subject access request generic documentation was posted out

no documents are present with my signature I can't even check how he's forged my signatures 

Can I still sue Aviva as I have a feeling Z had been forging my signatures but I haven't given them any authorisation to process my data .

 

 

[BankFodder]

Well presumably if they had documents which bore your signature then Aviva would send them to you as part of the statutory disclosure. The fact that they haven't tends to suggest that he hasn't even been forging your signature and that the whole thing is an outright lie.

If he has forged your signature and if Aviva are holding documents which they believe are signed by you then by not disclosing them to you that puts them in breach of the SAR.

What date did Aviva provide the disclosure to you?

[Titchytitch]

they sent me the paperwork 22nd July. 

Could it be he's referring to the litigation paperwork and the solicitors holding my signatures again I had no communication with the solicitors and there's nothing in the documents other than the litigation script and details of the solicitors that were used 

[unclebulgaria67]

For 99% of general Insurances, there would be no signatures required. It would all be done remote via Internet or phone application.

 

Sounds like their defence is that you knew what they were doing arranging Insurance in your name and now you are denying you consented to this.  Trying to make it a case of one person's word against another's, hoping the Police will not be able to continue.

 

[Titchytitch]

yes I've asked the police to speak to my husband as well in line with their enquiries as hes using my eldest brother who will give a false statement.

I actually felt sick to the stomach last night, he's known for forging signatures im wondering whether he's forged signatures with the litigation and solicitors 

Its actually sickening he's bought my late father into this the fact he'll go to any lengths to save himself is just a cruel and disgusting reflection of him as a human 

[BankFodder]

36 minutes ago, unclebulgaria67 said:

For 99% of general Insurances, there would be no signatures required. It would all be done remote via Internet or phone application.

 

 

 

Yes but presumably 98.99 of general insurances are taken out by the policyholder and not simply by a named driver.

I wonder how many policies are taken out simply by name driver apparently on behalf of the principal policyholder.

Here by Aviva's own admission, they opened a policy in the name of a person who was not present and who had not directly given their permission and they had basically simply taken the third parties word for it.

32 minutes ago, Titchytitch said:

 

... he's known for forging signatures  ....

 

 

Have you any evidence that he has forged signatures in the past?

[Titchytitch]

@BankFodder I can't read your last reply ?

[unclebulgaria67]

Yes agree that Aviva should not have issued policies without gaining consent of the person who was going to be the policyholder.

 

Aviva staff would have been trained in data protection and fraud prevention, as well as the processes they have to follow.   They don't seem to have followed the correct legal processes.

 

 

[Titchytitch]

yes he forged my sisters signature for her banking abroad 

[BankFodder]

Can you tell us what form that evidence is in please?

[Titchytitch]

He did it at the bank abroad when my dad split his money into everyone's accounts ik sure she could give a statement 

[BankFodder]

I'm sure that the statement from your system would be helpful, but that's not exactly "evidence".

Evidence would be a copy of the forged signature and also something in writing from the bank or from the police force from some other authoritative source that confirmed that the signature was a forgery.

[Titchytitch]

 I'm not sure ill be able to get that as it's in Pakistan I guess we'll just have to see what gets thrown up 

But I have signed no paperwork other than the loan agreement