Aviva fraudulently processed my data without authorisation o

[unclebulgaria67]

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.

[unclebulgaria67]

I would suggest following Bankfodders advice as stated earlier.

[unclebulgaria67]

Have extended family provided money to pay Aviva ?

 

If not, are you sure that they will pay Aviva ?

[unclebulgaria67]

So wait a few months and then see what your position is then.

 

 

[unclebulgaria67]

Make sure any language barrier has not been used as an issue

 

 If there is any mention in the phone call about the policyholder not being able to speak English or being able to understand English,  I would be making it clear that you have good English communication skills.  Therefore if the fraudster used this as a reason why they were arranging the Insurance on behalf of the policyholder this was not true.

 

I just wonder whether the Aviva manager thought language may be a barrier and allowed the policy to be issued.

[unclebulgaria67]

@Titchytitch

 

If your name could have the reader thinking there might be an issue with English communication skills, I would make it clear this is not relevant, as you have good English skills.

 

 

[unclebulgaria67]

We're the premium paid annually or monthly by Direct Debit ?

[unclebulgaria67]

But was it one payment per year or monthly instalments ?

[unclebulgaria67]

so they also processed a consumer credit act agreement under your data record without your consent.

[unclebulgaria67]

Quote me happy are another Insurance offering from Aviva, so they have acknowledged the fraud, so this is very important.  Surprised the FOS did not consider this admission.

[unclebulgaria67]

So they are choosing not to look into any Data Protection issue, because of the fraud.

 

All of these organisations are getting you to run around in circles !

 

I am a bit confused by how anyone in this situation can manage to get to a position of clearing their records.

 

Is your relative willing to admit in writing to everything they did in your name without your consent 

?

 

[unclebulgaria67]

 

Aviva may have noted the debts as not recoverable at the moment

Next likely action, is they pass the debts to a Debt Collection Agency (DCA) and you will again be faced with having to advise them about what has happened.

If the debts are on your credit record, you can contact the credit references to place notes against the debts, stating the debts are disputed and subject to fraud reporting (note any reference numbers you may have from Action Fraud or Police).  This is a useful action as any DCA should see these notes.

 

[unclebulgaria67]

 

Keep checking say once a month.

[unclebulgaria67]

No. Never assume, unless they write to you stating they have written off.  

You may have to keep checking for several years.  

[unclebulgaria67]

 

If you don't have a document scanner at home  they are not expensive. I bought an all in one printer/scanner for about £40. 

Once you have the documents saved on your computer or tablet as a PDF document, you can email these to ICO. 

But see if you can contact them to explain what you are wanting from them (not the fraud side, but Data Protection Act adherence by Aviva) and what documents you can share with them. Ask if you can email these.

[unclebulgaria67]

 

Possible letter in response to ICO

Thank you for your letter dated xx/xx/xxxx.

I am not expecting the ICO to consider any aspects that relate to fraud, as anything involving

criminality needs to be investigated by the Police.

What I am requiring of the ICO is to review whether Aviva have fully met the requirements of the Data Protection Act and GDPR.

The key question is, have Aviva acted lawfully in processing data ?

I refer to the ICO publication online concerning lawful processing of data.

A guide to lawful basis | ICO

 

Please have a go at writing some questions regarding a)consent, b)contract, c)legal obligation. Don't worry about d to f.

For consent, Aviva did not have your consent as you were not involved in taking out any Insurance policies.  If this is correct, you could ask. How did Aviva gain the consent of the Policyholder ('Data subject') in arranging Insurance policies, when the 'Data Subject' had zero involvement in arranging any Insurance policies with Aviva, so had no opportunity to offer any consent  ?

[unclebulgaria67]

Have added questions to the above.

 

 

And remember to add that a subject access request disclosure from Aviva revealed that a customer adviser from Aviva raised concerns about setting up an Insurance policy to a Team Leader, as the person calling was not going to be the policyholder ('data subject'). The Team Leader decided to allow the policy and data to be processed.  Question from this is. Did the Aviva Team Leader fully consider whether the processing of data was going to be lawful, when they could not verify consent had been given by the 'data subject' ?

[unclebulgaria67]

 

Thought that you had already raised this complaint with Aviva ?

If not, you will need to raise a complaint with Aviva under the DPA/GDPR.