Aviva fraudulently processed my data without authorisation o

[Titchytitch]

I work in our Data Protection team and part of my role is to respond to requests for information.

 

Thank you for your letter requesting a copy of your personal data.

 

As you’ve asked for your data, we will provide a copy of the data you’re entitled to in line with the General Data Protection Regulation and Data Protection Act 2018, which relates to your complaint.

 

In order to keep the information as secure as possible, we generally send information electronically by uploading everything to a free, secure online file-sharing portal, which only you and our team will have access to. Please note that you will not need to pay for the information. We’ll send you an email with a link to the documents when they are ready. You’ll then be able to download and save the files.

 

A copy of our privacy notice for consumers, which explains how we process and share your data is available here.

 

Under the General Data Protection Regulation and Data Protection Act 2018 we have one month to process your request. So we’ll be back in touch by 28 May 2021.

[Titchytitch]

@BankFodder I've sent them an email will update once I hear anything 

[Titchytitch]

@BankFodder response from FOS

Thank you for your email.

 

Further to our previous communications about your subject access request, we’re getting in touch to let you know that we won’t be able to provide you with the information within the timeframe we initially sent out. Unfortunately your request has come to us at a busy time and due to the increase in the number of requests we received, we haven’t been able to process your request as quickly as we would have liked or within the one month timeframe.

 

We are sorry for any inconvenience caused and we are working through the requests we have received as quickly as we can. We will be back in touch in the next three weeks to either let you know we have finished processing your request or to provide you with a further update.

If you are unhappy with this response, you can make a complaint to the Information Commissioner’s Office. Their helpline number is 0303 123 1113 . You can also report concerns to the ICO online via their website: https://ico.org.uk/concerns/handling/

Once again we are very sorry for the delay in sending your information to you.

[Titchytitch]

@BankFodder what are your thoughts on the email above ? Should we start working on the response for the rejection letter seen as FOS has played the system like aviva we asked for an extension on the basis we would have the info but we haven't received anything 

[Titchytitch]

@BankFodder I need to reject by 22nd June 

[Titchytitch]

@BankFodder I agree as the whole reason for the extension was that we would have the information from the SAR to reject the decision thank you  

[Titchytitch]

@BankFodder perfectly summarised I'm tempted to change 14 days to 21days is there any way we can add anything about default notices that aviva are sending despite being told about the extension and lack of information provided by them ?

[Titchytitch]

@BankFodderthat's fine I'll get it sent to the investigator at the FOS who agreed the extension thank you so much @BankFodderand @unclebulgaria67

[Titchytitch]

@BankFodder will do ill copy the people who have responded back on email and the main adjudicator as well 

[Titchytitch]

@BankFodder have you seen this ? 

Sally Hamilton was deputy personal finance editor at the Mail on Sunday for six years, winning several awards for her work, including the British Insurance Brokers' (BIBA) Journalist of the year 2017 and the Headlinemoney Financial Health and LIfe Insurance Journalist of the Year 2018 and 2019. Now she is the Telegraph's consumer champion, fighting your money battles and holding companies to account. Contact her: [email protected]

[Titchytitch]

@BankFodder I'm completely new to all of this jusg been a straight and simple law abiding citizen all this has completely thrown me 

I'm clinging on to you and the rest of this group as a glimmer of hope I cant thank you enough for supporting me through this 

 

 

[Titchytitch]

@BankFodder response from FOS

 

I wanted to let you know that Katie who was the investigator for your complaint has left our service and your case has been allocated to myself. 

 

I note that an Ombudsman issued a final decision on 13 April, and requested that you confirm if you accept or reject the decision by 11 May. Katie agreed to extend this deadline and my understanding is that you're currently awaiting a subject access request from our service. You've agreed to provide a response after you've had the chance to review the case file so you can make a informed decision. 

 

Before I agree to your extension request I think it would be helpful to explain our service's process. Once a complaint is reviewed by an Ombudsman and a final decision is issued this is the end of our process and we do not have a further appeals process in place. The Ombudsman has based the outcome on the evidence we have on file, and after a final decision is issued we would not be able to revisit a complaint and consider any new points or supporting evidence. 

 

Although we do request that consumer's confirm whether they accept or reject a final decision, the response does not have a bearing on the outcome reached and by this I mean that even if you were to still disagree, we wouldn't be able to reconsider the complaint. Your acceptance would only impact your legal rights, which means that if you do not accept the Ombudsman's decision, the decision is not legally binding and it will not impact your legal rights to to pursue the matter in court if you wish to do so. If you accept the decision it does become legally binding.

 

I hope this explanation was helpful, if you still feel that the complaint should remain open until your subject access request is processed please let me know why and I would be happy to consider your reasons. I would be grateful if you could provide a response at your earliest convenience and no later than 14 June, if you need more time please get in touch before this date. 

[Titchytitch]

@BankFodder is this ok to send?

 

Thank you for your email and prompt response dated 7^th June.

 

I would be very grateful for the extension as Katie had appeared to have fully appreciated my  reasons for asking for the extension and which is simply because I am now having to depend on your extension – not only of the subject access request but also of the Freedom of information act request – neither of which have been satisfied so far within the statutory time

 

I feel that it's important that if I do decide to object to the decision then it is important that all concerned parties are fully informed as to the reasons why and I believe that their files on me and also in respect of the policies and so forth that they apparently implement, what I may have to say will be important.

 

An extension would be greatly appreciated so I can make an informed decision to accept or object the decision.

I look forward to hearing from you in due course.

 

@BankFodder letter from Aviva

 Thank  you  for  contacting  us  regarding  the  decision  made  in  respect  of  your  complaint.

  From  reviewing  your  concerns,  specifically  relating  to  case  ...... these  have  already  been reviewed  by  us  and  the  Ombudsman.  

 

The  points  raised  relating  to  the  default  letters  being  pursued,  the  service  provided,  and  data  protection were  all  acknowledged  within  the  decision.  Therefore,  we  will  not  be  providing  any  further  review  on these  issues.  

 

The  information  you  have  asked  us  to  review  has  not  changed  my  decision.  I  appreciate  this  may  not be  the  outcome  you  wanted  but  the  complaint  followed  the  escalation  process.    

 

Please  refer  to  the  Financial  Ombudsman  Service  communication  dated  13  April  2021  where  they  have provided  you  with  the  outcome  of  your  complaint  escalation.  If  you  remain  unhappy  with  this  decision, this  must  be  discussed  with  the  Ombudsman.            

 

Yours  sincerely, 

 

@BankFodder this was sent on email with the letter attached in post #333 

 

Thank you for contacting us regarding your complaint(s) with us. In reference to complaint ...20, I have attached a letter clarifying our position on that case.

 

You do have another case under ...21, which you have referenced in your communication with us. We appreciate you have requested an update on your data request.

 

Our data team have confirmed, an email was issued to you on 25 May 2021 confirming an extension of the timescales for the request. The data request is currently being reviewed and has been extended under GDPR permissions by two months. The data team will be in contact with the details of your request in due course.

Edited June 7, 2021 by Titchytitch

[Titchytitch]

@BankFodder any thoughts on the below please ?

 

@BankFodder letter from Aviva

 Thank  you  for  contacting  us  regarding  the  decision  made  in  respect  of  your  complaint.

  From  reviewing  your  concerns,  specifically  relating  to  case  ...... these  have  already  been reviewed  by  us  and  the  Ombudsman.  

 

The  points  raised  relating  to  the  default  letters  being  pursued,  the  service  provided,  and  data  protection were  all  acknowledged  within  the  decision.  Therefore,  we  will  not  be  providing  any  further  review  on these  issues.  

 

The  information  you  have  asked  us  to  review  has  not  changed  my  decision.  I  appreciate  this  may  not be  the  outcome  you  wanted  but  the  complaint  followed  the  escalation  process.    

 

Please  refer  to  the  Financial  Ombudsman  Service  communication  dated  13  April  2021  where  they  have provided  you  with  the  outcome  of  your  complaint  escalation.  If  you  remain  unhappy  with  this  decision, this  must  be  discussed  with  the  Ombudsman.            

 

Yours  sincerely, 

 

@BankFodder this was sent on email with the letter attached in post #333 

 

Thank you for contacting us regarding your complaint(s) with us. In reference to complaint ...20, I have attached a letter clarifying our position on that case.

 

You do have another case under ...21, which you have referenced in your communication with us. We appreciate you have requested an update on your data request.

 

Our data team have confirmed, an email was issued to you on 25 May 2021 confirming an extension of the timescales for the request. The data request is currently being reviewed and has been extended under GDPR permissions by two months. The data team will be in contact with the details of your request in due course.

[Titchytitch]

@BankFodder I'm assuming they're going to continue to send me defaults do I just ignore to the point they take me to court or do I wait to see what the FOS says if they will provide an extension 

I find it ironic how aviva say I have to discuss with the FOS and they are saying that its the end of the road so both being useless and me being no better off after 18mths

I did ring the police a couple of days ago for an update still awaiting the callback 

 

[Titchytitch]

@BankFodder so would I eventually have to pay the amount they're chasing me for ?

No news with the police they said they were extremely busy prioritising other cases but the PC would get back to me in due course 

[Titchytitch]

@BankFodder received this in the post today 

Adobe Scan 11 Jun 2021.pdf

[Titchytitch]

@BankFodder should I mention  police are actively investigating the frauds 

On top of which list the companies who've marked accounts as fronted... And fraudulent

Something aviva, are cant comprehend or understand

[Titchytitch]

@BankFodder can we start the unfair treatment case now at all or will we need to wait for the SAR 

I'm currently on the phone to them.as we speak last time I got an update she said she was reviewing all the evidence and then will be arresting him 

I rang on Monday and was waiting for callback not heard anything so back on to them again

[Titchytitch]

@BankFodder theuve sent another message to the PC and have asked me to ring back in a few hours when she's on duty and they might be able to transfer me through to her I'll keep you posted  thank you x

[Titchytitch]

@BankFodder I've just spoken to the PC she has submitted everything to the economic crime unit once she hears back from them,  she will be arresting and interviewing him , the file will then go to the CPS she said they can take 4/5mths to review and it'll go to court for him to be convicted and charged 

She also said if I write to aviva and give permission for her to speak to them she will try and get aviva to hold off from selling debt onto 3rd party and they will need to wait till investigation is complete 

She has also said its going to be quote a lengthy process 

[Titchytitch]

@BankFodder the officer said she will be bringing him in for interview and then the file will be going to cps to review.

[Titchytitch]

@unclebulgaria67 @BankFodder the police are aware of the aviva fraud since 2020 when it first happened and the complaint now again was aviva with the statutory report showing additional loans being taken out so "identity theft" 

I just need to write a letter to the all concerned contacts tahg I have at Aviva to say I won't be paying the debt as we discussed yesterday and to give permission to PC to then email them that it's all bring investigated and not to take any further action  just buys me a bit more time and I can do everything else in terms of SAR rejection unfair treatment claim etc in the background 

[Titchytitch]

@BankFodder yes it did and action fraud had no line of investigation so the police didn't do anything they closed the enquiry 

So I then took the complaint to the ombudsman 

Once the ombudsman didn't uphold the complaint I took out a statutory report and it showed the additional companies the lady at experian told me to take it up with the police again , when I did the police officer was surprised at aviva and the ombudsman so theyve included it all again and reopened the case 

Does that make sense?

[Titchytitch]

@BankFodder I will run this all past the officer and feedback what she says  what is a TIC please so I can understand and get my head around it