Aviva fraudulently processed my data without authorisation o

[Titchytitch]

@BankFodder wow!!! I think you're just as confused as me but I'm blown away with your response!! I think I should email this on the email address I've got ?

Part of me is thinking could Mr Z have put in a dummy complaint ? As I haven't got this far with them despite attempts since Jan 2020 

[Titchytitch]

@Manxman in exile I think that's what @BankFodder is saying i should send back as a response 

[Titchytitch]

@Manxman in exile the letter they've sent me just proves how incompetent they are and how they've allowed themselves to be victims of fraud by not doing the necessary checks in the first place had they done so we wouldn't be in this situation now 

[Titchytitch]

@BankFodderI agree should I mention the new crime reference number in the email ?  I will draft response and put it on here before I email it across 

Edited May 8, 2021 by Titchytitch

[Titchytitch]

12 hours ago, Titchytitch said:

Dear Data Protection Team, Dear Amanda Blanc, Dear Mary Temple,

Thank you for your letter dated 8th May which apparently is intended to respond to my letter of 9th April which has left me very confused and perplexed.

I've no idea who Amanda Blanc is and I've no idea who Mary Temple is either.

It's encouraging to note that Amanda apparently takes a personal interest in all matters – because nobody else in Aviva has done so far.

I don't really know what you are referring to – but I will remind you that you have received a statutory subject access request dated 2X^rd April from myself and although you have responded acknowledging it by way of letter dated X^th May 2021, you have also gone on to ask for verification of my identity.

Of course, you are entitled to do this if it is deemed necessary – and in order to save an argument, I have supplied you with the information you want.

However, I think you need to make Mary and Amanda aware that the request for identity verification is unlawful in the circumstances because you already have ample information as to my identity because you have happily sent me  demands, threats, and have referred to me in correspondence with the financial ombudsman and so forth.

Clearly your demand for identity verification is unnecessary – and as I have already said it is obstructive and unlawful.

I'm pointing out to you once again though, that even though you have requested identity verification the Data Protection Act makes it clear that you are not entitled to use this as a delaying tactic and so the clock is still running and your 30 days expires on the 26^th April date by which time I would have expected to receive full disclosure.

If Amanda wants to demonstrate her personal interest, then she can look through the file and start to understand what has happened here and the fact that Aviva has become the victim of a fraud which was perpetuated by a man who at the time you thought was my husband despite his different name, different address, and being unwilling to let you speak to me.

 

Furthermore, the man who represented himself as my husband took out an insurance policy with you for the purpose of "fronting".  If you are not sure what "fronting" is, then you should seek clarification from someone in your office with experience.

I'm quite certain that if there had been an accident and he had begun a claim, you would soon have exercised greater diligence than you did when you set up the policy in order to find a way to deny any loss and you would have soon discovered that the policy was taken out fraudulently and also for fraudulent "fronting" purposes and you wouldn't then have hesitated to cancel the cover and withhold any compensation from everyone.

You may be interested to know that the man who represented himself as my husband went on to attempt to commit frauds on at least 10 other companies – most of them in an attempt to obtain loans. Those companies exercised greater diligence then you did with the result that they declined his loan applications and in fact marked the applications as fraudulent. They did not become victims. I have obtained a crime reference number on 2X^th April 1xxxxx.

Not only were there all the signs in place that the man who claimed to be my husband was perpetrating a fraud upon you, all the signs were also in place that this was an example of domestic financial abuse.

Even the Financial Ombudsman Service found that the man "controlled the policy".

You may not be familiar with Asian naming conventions, but even to the most scarcely trained person, the names which were being used by the man who pretended to be my husband and also the name by which he identified me, are clearly names which are very often associated with closely knit extended families.

I have looked at your website and I see that you make a song and dance about being able to spot the signs of financial abuse and you also claim that your staff are trained.  You also make a feature of the fact that you have associated yourself with the abuse organisation "Surviving Economic Abuse".

Clearly this is nothing more than a piece of marketing to present yourselves as "woke".

I suppose that you will say that the fraud committed by the man claiming to be my husband occurred before you had implemented any abuse policies or any training. That may well be the case – but certainly any policies and training were implemented by the time that the matter came to light and you started to pursue me for a debt which was not mine.

The truth is that it is Aviva which is the victim of fraud. However, you have decided to pursue me to cut your losses and because you see me as the weakest link. Buck-passing.

Bravo.

If Amanda really takes a personal interest in this and if Mary Temple really is going to do something about this then I suggest the following:

• First, you contact the financial ombudsman whose final decision has not yet been confirmed – and tell the ombudsman that you no longer want to participate in the process and that there is no need for a final decision either way.
• Second, you should undo all the damage that you have caused to me in terms of credit files CIFAS marker's and so forth.
• Third, you should alter all your records to show that I am not in debt to you – but in fact that you are the victim of fraud by a man who claimed to be my husband and whom you helped to set up a fraudulent policy.
• Fourth, you should inform the police that you are a victim of fraud.
• Fifth, you can take steps to give me full disclosure of my personal data as requested on XX^rd April 2021 – without any mucking around and without the need for me to escalate this into a serious conflict.
• Sixth, you can confirm to me whether or not you disclosed your abuse policies to the ombudsman as part of the evidence you sent them.
• Seventh, you can disclose to me the abuse policies that you have put in place and you can give me details of the abuse training which you apparently apply to all your staff.

I can provide you with the full name and contact details of the controlling man who pretended to be my husband – and in fact is my brother.

 

You may like to know that the police are fully aware of my brother's activities including his involvement with Aviva to obtain a fraudulent insurance policy. The police are fully aware of all the communications which you apparently sent to me – most of which I believe went into a portal to which you prevented me having any access.

Although the police are fully aware of all of the facts, they do not consider that I am a person of interest in their investigation and this runs counter to what the financial ombudsman has apparently decided although if you look closely at the wording of the prospective decision, you will find that the Financial ombudsman is merely speculating.

 

I am not holding my breath in respect of any of this. I don't believe you have the courage – but I do hope that you will satisfy my subject access request without forcing me to litigate the matter.
 

Finally, I would remind you that you have duties under the FCA sourcebook to treat your customers fairly and to communicate with them fairly. These are statutory duties and may also be subject to litigation by an aggrieved individual.

 

 

 

 

 

 

 

 

 

 

 

 

CC – Financial Ombudsman Service

 

@BankFodder i have tweaked this  ever so slightly - good to go?

[Titchytitch]

@BankFodderwhat more needs adding ?

[Titchytitch]

@BankFodder thanks hun ill get this corrected and emailed today 

[Titchytitch]

@BankFodder yes I will when I get chance over next few days as we have our Eid celebrations  I havent received any acknowledgement from the CEO of the email ive sent to them too 

[Titchytitch]

@BankFodder I have found some  screenshots but not sure how I can attach the pics 

[Titchytitch]

Aah okie sure will do x the letter from ceo was regarding my SRA request they have confirmed I will have information by 26th May but she made no comment to the content of the letter we sent 

[Titchytitch]

Following your letters of 7 and 9 May 2021, I’m now in a position to respond in full.

 

I’m sorry to learn of your concerns about being asked for verification in order for Aviva to fulfil your recent Data Subject Access Request (DSAR).

 

Aviva has a requirement to verify all requests to ensure that we only disclose personal data to the person who is entitled to receive it. Unfortunately, on this occasion we requested ID where it was not required as you had already supplied the information needed. I agree this shouldn’t have happened and I’m sorry for the concern and inconvenience caused. Please be assured feedback has been given to the relevant representative to ensure more care is taken in future when vetting requests.

 

Please be assured your DSAR will be with you by the 26 May 2021 as per the legal requirement to fulfil your request by this date.

 

For clarity, the complaint I am responding to is in relation to your Data Subject Access Request (DSAR) which is logged under reference CER/XXX. This is separate from your complaint about the motor insurance policy, which I can see the Financial Ombudsman Service (FOS) have provided their final response to and I’m therefore unable to comment on the points you’ve raised in respect of this matter.

 

I hope you are satisfied with my response, however if you are unhappy, you can refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this email.

 

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.

 

A link to their leaflet is as follows:

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

Or, alternatively, they can be contacted at:

The Financial Ombudsman Service

Exchange Tower

London

E14 9SR

 

They can also be contacted by email at [email protected],

by telephone on 0800 023 4567, or by logging on to their website at

www.financial-ombudsman.org.uk

 

As your complaint is in relation to a data concern, you may also wish to contact the Information Commissioner’s Office (ICO). You can telephone them on 0303 123113 or simply log onto their website at https://ico.org.uk/make-a-complaint/

 

Please feel free to contact me if you would like to discuss this matter further with me.

[Titchytitch]

@BankFodderno I had no intention of carrying the SAR complaint forwards to be honest but I am tempted to ask her to refer the contents of that letter to Amanda Blanc ? They offered me £100 as a gesture of goodwill for the wrong requirement of iD verification,  I've also printed off documents regarding their abuse policies and how they're staff are trained to spot the signs 

Yes I have till 22nd June to reject the decision 

[Titchytitch]

@Manxman in exile so sorry was read really early so half asleep do you think it's wise saying I'd like my comments passed to Amanda Blanc 

[Titchytitch]

@BankFodder they said as soon as they can or by 27th May.

[Titchytitch]

@BankFodder the email response is 6th May so I make it 21days 

Also I received a response from Mary Temple as you may see above ive not replied but im tempted to ask her to forward my concerns to Amands Blanc what do you think ?

[Titchytitch]

@BankFodder- yes

[Titchytitch]

@BankFodder thank you will do top of my head I believe I posted it around 23rd April 

[Titchytitch]

@BankFodderI have it on my laptop letter was sent 26th April ive just checked  and they responded via email on 6th May

Edited May 18, 2021 by Titchytitch

[Titchytitch]

@BankFodder not surprised with the FOS they do things to suit themselves 

[Titchytitch]

@BankFodder received a response from Mary Temple from aviva 

 

Thank you for your email below.

 

Your cheque for £100 has been authorised today and I trust you’ll receive this shortly.

 

In respect of your letter addressed to Amanda Blanc, as explained in our letter of 7 May 2021 I responded on behalf of Amanda.

 

Having reviewed the complaint records in relation to your motor insurance policy, I can see the Financial Ombudsman service have provided their final response and they asked you to reply by 11 May to confirm if you were in agreement or not. This therefore exhausts our complaint process and there is nothing further we can add.

 

[Titchytitch]

@BankFodder yes I did I sent it separate I spike to the officer yesterday too she said she was going to speak to the economic commissioner and shes going through all the evidence and once her sergeant approves she will be circulating him as wanted and will have the authority to arrest and lock him up 

[Titchytitch]

@Manxman in exile sorry she said the police don't really deal with fraud so she would be talking to a specialist team and once she has the go ahead the brother will be circulated as wanted and arrested,she said she would also be doing a report for action fraud too 

[Titchytitch]

@BankFodder response received from Aviva regarding data access 

Your data access request    

                                                                                   

We write further to your letter of 26^th April  in which you made a Data Subject Access Request in exercise of your rights under the General Data Protection Regulation (GDPR).

 

We confirm that the searches and checks for your personal data falling within scope of your request have been carried out.  Please note that the provision of the response is complex as we need to complete a thorough review of all data and ensure any potential exemptions which may need to be applied are done correctly. Because of this we will require additional time in order to complete it.

 

In these circumstances the GDPR permits us to extend our response time by a further two months from the due date of your request (26 May 2021).  However, I would like to assure that we will make every effort to respond to you as early as possible.

 

We’re here to help

 

If you have any questions in the meantime, please respond to this email, quoting your unique reference number TXXX

 

[Titchytitch]

@BankFodderbut how will this delay help me in accepting ir rejecting the ombudsmans decision Aviva just aren't co-operating at all ..no news on the FOS part 

[Titchytitch]

@BankFodder yes that's correct they said 27th May