Aviva fraudulently processed my data without authorisation o

[mantis shrimp]

regarding Data Protection issues, you could try filing a complaint with the Information Commissioner's Office, www.ico.org.uk.

[BankFodder]

By accepting it I mean that new just put up with it and sort out the debt yourself or try to get it from your family or your brother but then you move on.


 

[Titchytitch]

@BankFodder so if I paid it back would it me admitting liability I would pay it back to get them off my back ...would you say to sit tight for now and see what aviva throws up 

[BankFodder]

No it wouldn't be you admitting liability. It would get them off your back I suppose but I don't think it would change very much else.

It's up to you whether you want to sit tight or whether you want to go ahead and take more assertive action.
I rate your chances on a data protection action as pretty high

[BankFodder]

Anyway, I had thought that you had decided some time ago that you are now prepared to go ahead and take some action.

It sounds to me is if you are not certain and so already this thread is starting to meander.

[Titchytitch]

@BankFodder one cragger has suggested putting a complaint to the ICO would this help?

 

I would need help drafting the complaint please to ico?

 

I guess they've breached data protection could you explain what I would need to do and what potentially aviva could do ? Would they let it go to court or would they try to settle out of court 

[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.

[Titchytitch]

@unclebulgaria67 that's exactly it they think I was aware of it being arranged but wven so surely they should have spoken to the main policyholder 

 

I dont know what the best way forward is with this 

[Titchytitch]

@BankFodderlast time we spoke it was regarding sending them a payment letter about charging interest to the amount and paying them off to get off my back but we had agreed to maybe sit tight and see what else comes my way from aviva before taking action

 

I havent received any money yet from extended family and I was getting worried with aviva going quiet  which is why I contacted yourself to see what is the best way forward 

 

Because before I went abroad they police had turned it into a domestic sating no further action as the eldest brother gave a false statement saying a verbal agreement was made in front of him 

 

 

[unclebulgaria67]

I would suggest following Bankfodders advice as stated earlier.

[Titchytitch]

@unclebulgaria67 to start a claim against them what happens when you start a claim

 

I guess the difficulty I've got is that if the extended family are paying the debt they won't probably give witness statements and will walk away once they've given me the money to pay aviva  

[unclebulgaria67]

Have extended family provided money to pay Aviva ?

 

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

[Titchytitch]

@unclebulgaria67they haven't paid me yet but they will pay it as they've tied it in with my inheritance share 

 

But it might be a couple of months before that gets sorted 

 

I was thinking if I pay them back its not me admitting liability it will be paid back on the basis that there's no admission of liability amd no default is added to my credit history and to get them off my back 

 

Or alternatively I put a court claim in bit they're a big company it might cause further issues and I don't knw what to expect with a claim too 

[unclebulgaria67]

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

 

 

[BankFodder]

Firstly I see paying the money that Aviva wants as being a completely separate matter to the business of making a claim. They don't actually impact on each other.
Secondly, you could certainly make a complaint to the ICO and unlike the FOS, that doesn't prevent you bringing a court claim as well at the same time if you want to.
Certainly if you made a complaint to the ICO and the ICO came back and said that it is likely that Aviva had breached a duty (this is about the best that you will get out of the ICO), then that would be helpful to you in bringing a claim.

If you want to start off by Megan complaint to the ICO then you need to keep the matter highly specific to the setting up of the policy and not stray away from that date.

The entire breach is based on what happened on that date that your brother phoned them, gave him his details and simply referred to you, caused the call handler sufficient doubt that they initially were reluctant to grant the policy but then decided to take advice from a line manager and came back and agreed to open the policy in your name.

If you'd like to start drafting a letter on that basis, then we can check it and see where you go from there.
I would certainly refer to the data protection act, and also Aviva's own policy which you linked us to earlier on.

You will see that in section 2 of their privacy policy they talk about how they source the personal data which they rely upon and they make it clear that the data is either obtained from "you" and/or "the policyholder".
It seems to me that they have done neither.

It is clear to me that they have not exercised sufficient diligence. The account was set up unlawfully and in breach of their own policies and that must be a sufficient basis for complaint.

If you decided to bring a legal action then you would be relying on exactly the same grounds.

The best you can hope from the ICO is a finding that they have been likely to have breached the data protection rules.
However this would not get you the compensation that you require that if you made a successful complaint to the ICO then a subsequent court action would probably quite straightforward and get you the compensation you need – although I can imagine that Aviva would try to put their hands up before it got that far

[Titchytitch]

@bankfodder thank you for this I will look at drafting a letter and send this to you let's draft by writing to the ICO in the first instance and them take it from there 

[Manxman in exile]

1 hour ago, Titchytitch said:

@unclebulgaria67they haven't paid me yet but they will pay it as they've tied it in with my inheritance share 

 

...

 

 

Hold on.  Perhaps I'm mistaken, but that's not what you said on your other thread:  Unfair treatement by Aviva in fraudulent application.

 

 

 

On your other thread I posted at #76:

 

 

"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)".

 

To which you responded at #77:

 

"... They [your family I presume] 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... "

 

Now I can fully understand why you would be quite happy to have your family (or preferably Mr Z) pay off the alleged debt to Aviva because you've been through an awful lot lately including being hospitalised in (I presume) Pakistan for a couple of months with a broken knee.  So if your family were to pay it off for you I could understand you accepting that just to draw a line under this whole sorry affair.

 

But... to me that would only be acceptable either if that payment was treated as a debt owed by Mr Z to the family to be taken out of his inheritance, or a debt owed by your brother(s) to be taken out of his (their) inheritance as he (they) appear to have assisted Mr Z to some extent in committing this fraud.

 

Are you now saying your family would pay this off, but instead of treating it as a debt owed by Mr Z, they would treat it as a debt owed by you?!?!

 

The reason I'm making this post is because I can fully understand why you would be happy to draw a line under this if your family paid off the debt, but only if there is no detriment to you.  So if your family pay and it's treated as a debt owed by your brother(s), then fine.  But not if your family pay it off and then treat it as owed by you!

 

If I were you I would want to understand fully my position vis a vis my family before deciding if I wanted to pursue Aviva further.

Edited February 16, 2022 by Manxman in exile

[Titchytitch]

@Manxman in exile mr Z isnt paying the money back or having it knocked off his share so the older 2 siblings are giving it me from their shares for closure and for me to draw a lune under it to move on 

 

My predicament is that if i pay the money given to me by the family to pay aviva will it be seen as admission of liability on my part and will a default be registered under my name ??

 

At the minute the inheritance is drawing to a close but not quite there yet ..I think a starting point would be to draft a letter to ICO to use as a basis to start the court claim 

[Manxman in exile]

How long has this been dragging on for now and how much longer do you want it to drag on for?

 

If your family (or brothers or whoever) are willing to pay it at absolutely no cost to you (ie you do not end up paying it yourself whether it be from your share of an inheritance or somewhere else) then I'd certainly consider taking their offer up just put an end to this.  (If I trusted them that is!)

 

Whether paying it off is in some way an admission that you are liable for the debt, I don't know.  But I'm sure others here can advise.

 

You spent New Year in a hospital bed in Pakistan, didn't you?  I can't see any personal benefit to you in prolonging this any longer than necessary - I think you've been through enough in the last 8 months or so.

 

I'm afraid I think your problem is rather more with your family than with Aviva.  I feel really sorry for you.

 

(Oh - one other thought.  What's to stop your brother doing this again?  He's done it before hasn't he?  Your other brother(s) really need to have a word with him... )

[Manxman in exile]

2 hours ago, BankFodder said:

No it wouldn't be you admitting liability. It would get them off your back I suppose but I don't think it would change very much else.

It's up to you whether you want to sit tight or whether you want to go ahead and take more assertive action.
I rate your chances on a data protection action as pretty high

 

BankFodder has already said it would not be an admission of liability for this alleged "debt".

 

It then comes down to how far you think you can trust your family and brothers.  (Honestly - words fail me...  )

[Titchytitch]

@Manxman in exile hes done it before he listens to no one hence why they're trying to pay it off to get aviva off my back 

 

I've been fighting aviva and trying to show them that they set this policy up without my authorisation I got first lot of default letters 10/01/20 

 

I've been through hell and back with my accident in Pakistan I slipped on marble flooring my while knee cane out if its socket I fractured my ankle and arm all on the left side been very traumatised im back home now but this whole aviva thing us stressing me out and the fact they're very quiet 

 

I think like bankfodder said let's write to ICO and see where that gets me and then go down the legal route I've just renewed my membership with CIFAS too 

[Titchytitch]

@BankFodder please find my attempt at writing to the ICO

 

Dear Information Commission Officer

 

I would like to bring a complaint against Aviva. An insurance policy was set up on the 3rd of December 2015 in my name the first this was bought to my attention was in January 2020 when I received a letter of default chasing me for payment if the insurance.

 

Aviva entered me into a contract with themselves without any written/verbal consent from myself. Upon seeking clarification, it became apparent the my sibling Mohammed Zafar had set the policy up, had taken full advantage of the insurance, had fully controlled the policy online via Aviva’s portal, spoke to Aviva making all the amendments and adjustments to the policy and then went onto requesting a chargeback which Aviva happily refunded to him as he was the named driver and started writing to me chasing me for the payments they had refunded.

 

Aviva was in breach of unlawfully processing my data without my consent or without speaking to me, Mr. Zafar called up on the 3rd December 2015, he gave them his own details and simply referred to me as his wife and  that he had permission from me to set the policy up, the call handler had sufficient doubt and initially was reluctant to set the policy up, but then took advice from a line manager and came back and agreed upon opening the policy in my name.

 

Under the Data Protection Act Aviva have unlawfully processed my data and entered me into a contract with themselves without my consent. Under the Act The first principle requires that you process all personal data lawfully, fairly and in a transparent manner. If no lawful basis applies to your processing, your processing will be unlawful and in breach of the first principle.

 

Avivas own policy around data protection under Section 2 claims how they source the personal data which they rely upon is data that is obtained from “you and/or the policyholder”. In this case neither was done. Aviva didn’t speak to me throughout the duration of the policy.

 

As you can see from the above, Aviva have failed to exercise proper due diligence. The policy was set up unlawfully and in breach of their own policies and this is the basis of my complaint.

 

I would like this to be fully investigated, I look forward to hearing from you in due course.

Edited February 18, 2022 by Titchytitch

[BankFodder]

I don't think it focuses sufficiently on the chain of events.

 

I think that these two paragraphs below

Quote

Aviva entered me into a contract with themselves without any written/verbal consent from myself. Upon seeking clarification, it became apparent the my sibling Mohammed Zafar had set the policy up, had taken full advantage of the insurance, had fully controlled the policy online via Aviva’s portal, spoke to Aviva making all the amendments and adjustments to the policy and then went onto requesting a chargeback which Aviva happily refunded to him as he was the named driver and started writing to me chasing me for the payments they had refunded.

 

Aviva was in breach of unlawfully processing my data without my consent or without speaking to me, Mr. Zafar called up on the 3rd December 2015, he gave them his own details and simply referred to me as his wife and  that he had permission from me to set the policy up, the call handler had sufficient doubt and initially was reluctant to set the policy up, but then took advice from a line manager and came back and agreed upon opening the policy in my name.

A very useful but but the settlement needs to be developed and I think you need to draw attention to the hesitancy to set up the policy by the Aviva call handler is clear evidence that they were breaching their policy and they knew that and that some unknown line manager overrode the policy and allowed the fraud to be implemented.

Also I think that you need to refer to their own policy which makes it clear that they will source their data from you – the policyholder.
I also think the complaint needs to make it clear that the fact that the caller was your brother was completely incidental and in fact it could have been any stranger who would have done exactly the same thing.

In effect, Aviva were prepared to hand out a policy in your name to anybody who happened telephone with the correct contact details.

I think the second paragraph which I quoted above should come first because that really is where the focus should be – their wrongdoing.

 

[Titchytitch]

@BankFodder would you kindly help me reword this letter so its ready to send please 

 

I've been in a lot of pain with my leg as I'm still recovering and I'm very drowsy doped up on tramadol and painkillers I was struggling to type this last night too 

 

Your help and input would be greatly appreciated 

[BankFodder]

In that case I think that you should wait until you have recovered and are in a position to go forward.
I think that's what I told you last year when you are still away.
This is going to need a lot of personal commitment and focused energy