Aviva fraudulently processed my data without authorisation o

[Titchytitch]

@BankFodder I will find the energy to fight this I want closure as this hanging over me isn't really helping my recovery. My recovery im looking at 6-12mths due to the severity of the accident Aviva won't wait that long.

 

I know in the past you have said if I've needed help in writing a letter its better if I ask if you could kindly complete the blanks that I missed I'd really appreciate it otherwise I'll attempt to retype it again when I'm upto it

 

Thank you in advance 

 

 

Edited February 19, 2022 by Titchytitch

[Manxman in exile]

@BankFodder  -  I'm thinking about how long this has been dragging on for and the fact that the OP still has this alleged "debt"  hanging over her head.

 

Would you see any problem in the OP's family paying off the debt now (so long as she is assured by her family that it will not be coming out of her inheritance and that she will in no way be responsible to her family for the payment - if she trusts them on this ...) but continuing to proceed to the ICO with the data handling claim against Aviva?

 

To me that provides the OP with a "win / win" situation - so long as she does not end up funding the payment made by her family.  (Her family may end up out of pocket but, to be honest, I think they deserve to lose out because of the appalling manner in which they have treated the OP).

 

Apart from that, I agree with your #39, especially:

 

6 hours ago, BankFodder said:

... 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]

@Manxman in exile the family are saying its gping to be paid but not sure when "how long is a piece of string" Aviva wont be waiting out for the money coming drom them 

 

I want to crack on with the complaint to the ICO I just need help modifying and redrafting the letter I've posted if anyone can help me please I'd appreciate 

[BankFodder]

I don't want to make any recommendation or otherwise in terms of the debt being paid off by relatives of the OP. That really has nothing to do with the issues here.

When I would like would be to know that the OP is ready to go ahead with this and it seems to me that they aren't because there are still serious health issues

[Titchytitch]

@BankFodderI am ready to fight this I want to draw a line under it and move on my recovery will take 6-12mths the healing will be a long process due to the severity of the accident .

I just need some help adding the blanks into the letter I've drafted if you could kindly help me so I can get this sent to the ICO

[Titchytitch]

@BankFodder @Manxman in exile @unclebulgaria67 is this ok now please?

 

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 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 at Aviva had sufficient doubt and initially was reluctant and hesitant to set the policy up, clear evidence that they were breaching their own policy and they knew that but then took advice from a line manager who overrode the policy and allowed the fraud to be implemented, the call handler came back and agreed upon opening the policy in my name.

 

Aviva entered me into a contract with themselves without any written/verbal consent from myself. Upon seeking clarification, it became apparent 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.

 

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” which refers to Aviva sourcing the date from myself-the policyholder.  In this case neither was done. Aviva didn’t speak to me throughout the duration of the policy.

 

From the above its clear that incidentally the caller was my brother, but 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 my name to anybody who happened to telephone with the correct contact details.
 

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.

 

[BankFodder]

Not really

[Titchytitch]

@BankFodder any feedback please or any help? To finalise it ready to send to the ICO please 

[BankFodder]

Quote

Dear Sir/Mdm

Aviva reference number XXX
 

On XXX date Aviva XXX Ltd allowed a motor insurance policy to be taken out fraudulently in my name.

The policy was taken out by means of an online application followed by a telephone call with Aviva by a person who claimed to be my husband, but who gave a different name to my own.
In the initial online application, the fraudster gave his telephone number. He also said that he was single/unmarried.
Aviva telephoned the number to verify his identity and apparently during that telephone call, he told the call handler that he was married to me – although he gave a different name and other details.

The Aviva call handler asked to speak directly to me – as I was apparently the applicant's wife and also the policyholder but the fraudster refused to pass them to me. (Of course I wasn't there to be spoken to anyway.)
On one page of Aviva's policy set up notes, they say that they called the customer (me) and then spoke to the customers husband to run through the quote.
Of course they did not call me and at no time did they ever speak to me.
Aviva agree that they have never had any communications or any dealings with me.
The fraudster gave my postal address but used his own email address and controlled the policy in that way.
The fraudster agreed to pay the premiums by setting up a credit agreement in my name but not using any of my banking details.
In fact although the credit agreement was set up in my name, all the payment details supplied were those of the fraudster.
The fraudulent policy was set up in respect of a vehicle which did not belong to me although it was apparently registered in my name without my knowledge. However I understand that Aviva were never given sight of any of the relevant documents and simply accepted the fraudster's information over the phone.

The fraudster pretending to be my husband set up the fraudulent policy with me as the policyholder and himself as a named driver.

The matter came to light only XXX years later when the person pretending to be my husband stopped paying the insurance premiums.

At that point, Aviva started writing to me as the ostensible policyholder in order to claim the backlog of premiums.

I discovered at this point that the fraudster was in fact my brother.

Aviva have used the fact that the fraudster was known to me as a basis for validating the procedure they used for establishing the policy.

The matter has been reported to the police who have decided to take no action because the matter is “domestic”.

I referred the matter to the FOS who eventually decided not to uphold my complaint.

They decided this on the basis that apparently Aviva had a procedure in place and they had followed this procedure although neither myself nor the FOS have seen the procedure and the FOS have simply taken Aviva’s word for it.
 

Aviva apparently also wrote to me several times about the policy but I did not receive these communications which were mainly through an Internet portal to which I had no access.

Aviva also use this as a basis for saying that I was complicit in the fraud.

 

My complaint is clearly that Aviva have breached a number of data protection principles in agreeing to grant an insurance policy over the course of a single telephone call and simply on the basis that this stranger-to-them happened to know my contact details.

Furthermore, Aviva have breached some of their own privacy policies – in particular they make it clear that data that they use will be sourced from me/the policyholder.
Additionally, Aviva set up a Consumer Credit Act agreement without my knowledge and without my consent.
 

By Aviva’s own admission, the call handler was suspicious and initially reluctant to grant the policy and went off to take advice from some other person – presumably a line manager.

By Aviva’s own admission, the line manager overruled the call handler’s misgivings and instructed the call handler to proceed with setting up the fraudulent policy.

 

Apparently the fraudster was involved in a single incident which resulted in a minor claim which was settled without question by Aviva. Apparently this accident was dealt with in my own name.
Of course I have no knowledge of this accident.
 

I hope that I scarcely need to point out to you that the lack of diligence applied by Aviva not only resulted in the creation of a fraudulent motor insurance policy, but had the fraudster been involved in a serious accident, I have no doubt that Aviva would have examined the entire situation much more carefully and would have lost no time in invalidating the policy thereby leaving the injured victims of any accident without any kind of financial help to assist their recovery or to leave to their dependents.
 

I think it is also significant that Aviva only exercised any kind of diligence or curiosity about the policy when they stopped being paid.

 

In support of this complaint I am enclosing an extract from Aviva’s own privacy policy.

I’m also enclosing an extract from Aviva’s evidence to the Financial Ombudsman Service which describes the way in which the fraudulent policy was set up and also describes the contents of the telephone call which they relied upon when setting out the policy.

I am unable to provide you with a copy of the policy implementation policy which Aviva said that they followed – and which the FOS apparently has accepted – because Aviva have declined to disclose it to me.

As I have already pointed out, the FOS have not seen it either.
 

I should point out now, that Aviva will attempt to rely upon subsequent communications which they apparently attempted to have with me but which were received as a basis for saying that somehow I had retrospectively validated the insurance or that I was complicit in it from the outset.

 

I would ask you to accept that these will simply be a red herring arguments. Apart from the fact that I did not receive communications, these arguments from Aviva will be intended simply to distract you from their gross failure in setting up the policy in the first place.
 

If you accept Aviva’s position and their apparent procedure, then you are effectively giving the green light to any insurance company to set up fraudulent insurance policies with the minimum of caution and the maximum of prejudice to the personal data of any person in the country.
 

I hope you will agree with me that Aviva have committed an extremely serious data protection breach.

Yours etc

 

Please check this for typos or for nonsense caused by my dictation software.
Please check this for accuracy.
Please fill in the XXX's

 

Please comment and say if there is anything that you want to add.
Please post the completed draft for us to see

[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.

[Titchytitch]

@unclebulgaria67 there's no mention of language but I know in the past with my dad he was illiterate any company would speak to him and once he said yes they would proceed with myself so its not an excuse for aviva 

 

I dont know any company who sets a policy up without speaking to the policy holder 

 

@BankFodder he set the policy up using my address as the insured address he gave his own email to control the policy.

He had me down as the registered keeper of the car but the V5 documents were with him not sure how

He did a bank charge back and reversed all the premiums he had paid for the insurances they were fully paid and aviva happily refunded without challenging the bank that he had use of the policy 

He made a claim on the policy and again they had no communication with me they happily settled the claim I think it was with solicitor firm from what they discussed in the SAR

[BankFodder]

So where are the policy documents? Weren't they sent by post?

[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.

 

 

[Titchytitch]

@BankFodder no idea I've only ever received the default notices from Jan 2020 

They claimed renewals etc were posted out I haven't received anything and even in the SAR there were default notices in 2016 and 2018 i think and I didn't receive them I think it was due to him having access to the Internet portal 

They sent out all the documents in the SAR  what they had supposedly sent to me

[BankFodder]

So are policy documents posted to an Internet portal?

 

What can you tell us about this accident that Aviva settled?

[Titchytitch]

@BankFodder I'm assuming they were because once the portal was locked I started receiving the correspondence at my address 

 

@BankFodderI'll email you what I find I've scanned the documents but fil is too big

 

Aviva have entered me into a credit agreement without speaking to me as well not sure if that holds importance 

 

@BankFodder email sent to you with the scanned documents 

 

Hes used an icloud.com address to control the policy so all the documents were sent to that address maybe odd ones in the post Majority was controlled in portal 

 

I think they had enough evidence to challenge the bank for the charge back as he had a claim on the policy and he was speaking to them that I don't understand how they've refunded the money back to him when he's had full use of the policy 

[BankFodder]

What credit agreement is this?

Also can I say now that it will be helpful if you would stop putting callouts to my name. I'm getting to notifications for every new post.

You don't need to do it

[BankFodder]

I have edited the proposed letter as we have gone along.

Please will you check it now.

[Titchytitch]

Yes this is fine now are you happy for wm to email this to the ICO with the requested dates where the XX are 

[BankFodder]

Also I've checked the file of scanned documents that you have sent me.

You have sent me 19 documents – all over the place – some of them on their side et cetera.

This is unfair and I'm not here to do your filing.

Please will you arrange the documents in a way that you would like them to be presented to you if you are helping somebody free of charge

[Titchytitch]

Apologies I scanned them as they came up in the bundle of documents they sent out to me and they were all upwards facing 

 

Do you need me to resend them ?

[BankFodder]

Yes.

Just because Aviva can't be bothered to send them to you probably ordered and presented, doesn't mean that we have to perpetuate it

[Titchytitch]

I've resent this to you in order with comments 

[BankFodder]

I see that on the fourth page, somebody from Aviva says that they called you in relation to the quote done online and they ran through it with you.

What can you tell us about that?

[Titchytitch]

The number that was given to aviva was Mr Z they haven't spoken to me so they've rung that number and ran through the quote with Mr Z as the supposedly "husband " 

 

Aviva has no recordings of me throughout the duration of the policy the only recordings they have are when I rung up once I received the default notice in Jan 2020 and subsequent calls I've made from this date onwards