Aviva fraudulently processed my data without authorisation o

[BankFodder]

No, we are nearly on top of Christmas. You need to be sure that you are in a position to be able to concentrate on it and also it's been some time so we need to catch up on the thread and remember where we are.

January

[Titchytitch]

would it be easier to pay them off but to ensure no default is registered and that I'm not admitting any liability for an easier life as the extended family have offered to pay them back or should I continue to fight as I'm innocent in all of this 

It will be 2yrs in Jan since I've been fighting with Aviva to get them to see their error 

[BankFodder]

Yes if you could do that but make sure that they understand that the payment is made without any admission of liability and also make it clear to them that you intend to be bringing legal action against them on various issues including the recovery of the money.

Tell them that when you bring the legal action against them you will be seeking the recovery of the money plus interest.

Tell them that they are accepting the money on that basis.

Maybe you should send them this letter in advance of the payment and tell them that once they indicate that they understand the situation that you will make the payment

[Titchytitch]

would you mind helping me draft the letter up please with me being on high painkillers 

I do not want any defaults registering on my name and its no admission of liability 

I'd really appreciate this and in the meantime I'll await for the family to give me the money 

[BankFodder]

Are you sure that there is nothing on your credit file already?

[Titchytitch]

there is nothing as of yet but they did say to me once its paid they have no control on the default etc it might go on 

As a company of course they have the right to challenge or remove a default the advisor didnt sound too certain 

[BankFodder]

It's rubbish that they have no control over the default. It is they who place the default.

They have direct access to the credit reference agency computer because they are a subscriber. They simply access their portal and they register the default.

They are lying to you

[Titchytitch]

exactly I learnt that along the way when I was contesting the lines and lines of entries on my credit file 

This needs to be reiterated in the letter alongside no admission of liability 

 

When you say I will recover costs along with interest are we working on the basis that I will be taking it to court when I'm back in the country? Sorry confused by that bit 

[BankFodder]

Well of course. You don't think they don't give you the money back for you Christmas to you?

[Titchytitch]

 I still take them to court ?

is this in the hope they write the debt off without asking for payment?

Can we draft a letter please that I can send on to them reiterating the above points we have discussed ie no default,  recovery of monies, admitting they have set the policy up without speaking to me and have taken a 3rd parties word of authority as given 

[BankFodder]

We will look at it all in January

[Titchytitch]

should I not respond to the correspondence they have currently sent theyve given me a 7 day limit?

And deal with it all in January?

[BankFodder]

Yes

[Titchytitch]

that's fine i will keep you posted if they send anything further in the post thank you sooo much 

If i don't speak to you beforehand have a great Xmas spk soon x

[Titchytitch]

happy new year!

Just to update you I'm back in the country I haven't received anything as of yet from Aviva apart from the default notice letters I received in Dec nothing since i

Question is do I sit tight now and see what else is thrown at me or do I start building my case up ?

Extended family will be paying the 3k aviva is owed to get them off my back but I haven't received anything yet just words for now 

[BazzaS]

Why pay if you don't owe it (unless it is to mitigate the harm it is causing your credit file, if iy is causing you harm here and now).

It may be harder to recoup the money later.

 

If it is (instead) that they are threatening to take it to court ... then let them: you want the matter heard so they can no longer ignore that they allowed the fraudulent application and failed to undertake due dilligence. If there are other proceedings that may impact (like your relative being prosecuted!), then (one the claim ahs been issued!), you ask the court to stay any claim against you until those other relevant proceedings have been heard.......

[Titchytitch]

i dont owe them anything and I havent used the insurance or seen any benefit from it and so far nothing is showing on my credit file as adversely impacting my credit file

Aviva have openly put it on an email to me that the contract was entered via Mr Z

I was just going to pay to get rid of them as I've been fighting this for 2yrs but I guess you're right why should I pay them for setting up a policy fraudulently in my name and Mr Z has got away with having the money refunded back to him and having use of the insurance 

I guess I'll sit tight till I get any further correspondence from Aviva I got back from abroad after sustaining an injury so I was touching base with the group 

Thank you for the input appreciate it

 

[Manxman in exile]

I don't wish to ask what may be a tactless or insensitive question, but if your extended family are willing to pay £3k to Aviva to get them off your back (which is something I can fully understand from your point of view, even if I might not recommend it) why doesn't your extended family just put pressure on Mr Z (isn't he your brother?) to pay the £3k?  Or the family treats the £3k as a loan to Mr Z?

 

Or is this an awkward family issue best left alone?  (Apologies if I'm causing any unintended offence - but I have to ask.  The person at fault here is your brother but nobody in your family seems willing to take issue with him.  They seem to blame you if I recall correctly)

Edited January 13, 2022 by Manxman in exile

[Titchytitch]

the police turned it as a domestic and decided to take no further action as the eldest brother gave a statement to say he was present when a verbal agreement was made which is false

, the police ignored all the evidence and even the fact an extended family member was witness to his admission of the insurance and how he took the money back etc

They have all asked him to pay the 3k back,  he wont pay it so now the eldest 2 brothers are having the money knocked off from their inheritance share to pay this off .

As you're all aware I had a nasty accident abroad where I dislocated my knee and fractured my ankle and arm all on my left side and I've not heard back from aviva since their default letters that they sent in Dec 

[Manxman in exile]

OK Thanks.  I think the two eldest brothers need to have words with Mr Z...

 

Hope you are recovering well

[Titchytitch]

its the eldest brother that talks to him we all fell out over our parents inheritance Mr Z and the eldest surfaced their greed 

 

Hes refusing to pay anything out of his share he also has the 3k refunded from aviva which they kindly gave him so its all words at the minute that they will be giving me 3k for aviva 

 

Even if I pay aviva back that's by no means admission of liability but I don't want any adverse affect on my credit report and its just to get them off my back but then I don't see why I should pay aviva back when they have happily facilitated the fraud 

 

Yes recovering , not sure if well,  I had xrays yesterday and was sent to A&E and returned with crutches and today I received a call  that doctors want to see me in orthopaedic on mon 

 

something tells me that the joints haven't healed as I was told 

[dx100uk]

Dont be forced to do anything just because you are scared of credit file crap.

If they do, that could be a blessing as youd then be able to goto the FOS, and that will cost aviva+£650 even before they start. And believe me on this story they would not leave a stone unturned.

 

Dx

[Titchytitch]

 thank you I will keep the group posted on anything further I may receive from Aviva 

 

Can I go back to the FOS if aviva adversely impact my credit file as the FOS didn't uphold my complaint last time 

[dx100uk]

Yes would be a new complaint.

 

and phaps they might pay attention now you have all this extra evidence.

 

Dx

[Titchytitch]

 great I guess best option would be to sit tight and see what Aviva throws at me and then take it from there 

 

I'll keep the group posted with any further correspondence thank you x