Aviva fraudulently processed my data without authorisation o

[BankFodder]

I'm not sure that waiting to see "what gets thrown up" is a great idea.

I think maybe some positive attempts to try and get some evidence would be a better idea.

For instance, I understand that your brother forged your sister's signature in order to get some money. Was this successful or was it discovered and the money transfer blocked?

[Titchytitch]

It was to do with the inheritance money he forged her signature to deposit money into her account and the bank was forthcoming with this , banks in a 3rd world country the workers work with bribery 

[BankFodder]

Well I don't completely understand – but certainly it seems that we have to say that there is no evidence of this forgery.

[Titchytitch]

it will be hard to extract so for now yes this is what we will have to assume.

Do we still pursue the route of taking aviva to court for illegally processing my data ?

[BankFodder]

Yes I think so.
 

I suggest that you send them this letter
 

Quote

Dear XXX

Reference number XXX

I refer to their statutory data disclosure which I received from you on XXX date.

I have been unable to find any evidence that you have received any authorisations from me to collect and process my personal data – either signed or otherwise.

Please will you confirm that your data disclosure is complete and that no such authorisations exist.

Yours sincerely

 

If you are happy with this then I suggest that you send it recorded delivery as well as email if you can.

[Titchytitch]

is this prior to starting the County Court process 

[BankFodder]

Yes

[Titchytitch]

@BankFodder do I send this letter to the data protection team or do I copy every person in it like last time?

[BankFodder]

Send it to the data protection team and then copy it to everybody else as well

[Titchytitch]

response from aviva - bit confused surely if you've sent me all the subject access you wouldn't need to investigate ?

 

Good Afternoon,

 

Thank you for your email and attached letter dated 27th September 21.

 

I can confirm receipt of this and that we are currently investigating your queries raised. We shall provide a response to these as soon as possible.

 

If you have any further queries in the meantime please let me know.

[BankFodder]

I don't think this is a surprising response. It's the usual kind of defensive noncommittal open-ended stuff that you get from an organisation that thinks that they can tire you out and avoid dealing with the issue.

 

Quote

Thank you for your email dated XXX

I note that you say that you are going to provide a response "as soon as possible".
Given that we are talking about the quality of your response to a statutory request dated XXX date, I think that it is not unreasonable to ask you to give a rather more precise date or at least a timeline, for your response for instance, "within X number of weeks".

Yours sincerely
 

 

[Titchytitch]

I'll send that on an email they've responded after a whole week I sent them the letter last Monday  do I leave "x" number of weeks as it is or do I give them a specific number of weeks 

[BankFodder]

Nope. It's simply an example and you are inviting them to fill in the blanks. Leave the "X" as it is

[Titchytitch]

Thays great ill get ir sent off today thank you x

[BankFodder]

Good. I think you need to understand that it's a bit of cat and mouse now and it will be like that I suppose until you get back from your trip aboard and we can then start to launch a proper challenge

[Titchytitch]

seems that way my original SAR request went 26th April they have had ample time to respond appropriately. 

 

I think the officer has asked them for some information as Mr Z gave them lines of enquiries to follow up in his defence and the officer did say why aviva haven't classed this as fraud so I think aviva are dragging their feet now ive sent the email response 

 

Thank you for all your invaluable support 

[BankFodder]

When you say "… the officer did say why Aviva hadn't classed this as fraud…" Do you mean the officer asked them this question?

[BankFodder]

If you haven't sent the email off yet then hang on please. I suddenly remember that they asked for an extension of time and that means that we can send them a slightly different email. Have you sent it yet?

[Titchytitch]

I've sent the email yes she said she will be asking Aviva that question I guess if we need to we can send a slightly amended email 

[BankFodder]

Yes I think it might have been worth turning the knife a little by emphasising that as they've already asked for an extension and used the maximum statutory time limit when making their statutory disclosure why on earth would they need more time to carry out an investigation.

Maybe we'll keep that point in reserve for the moment

[Titchytitch]

 I did put on the email that the original statutory request was made 26th of April and I received the access 22nd July so I did add that in to reflect their incompetence as a company 

[BankFodder]

That's good – but if we send another email then I think we need to be more specific about it. It's not really for Aviva's sake – but it is for laying down a paper trail with the possible data protection breach action in mind.

[Titchytitch]

happy to follow your lead x

 

I got a speedy response please see below?

 

Good Morning,

 

Thank you for your email.

 

I shall provide an update on Monday 11th October either this will either be a full response or an update on timescales if we our investigation is not concluded.

 

I hope this is suitable for you?

 

[BankFodder]

Okay well let's see how it goes and if they don't come up with an answer or if they want an extension then will go into challenge mode on the 12th.

[Titchytitch]

@BankFodder have we finished compiling the letter for the independent assessor as deadline is 8th October sorry it completely slipped my mind I know you did one but wanted to tweak it but I didn't get an updated version to send in 

 

thank you