Aviva fraudulently processed my data without authorisation o

[Titchytitch]

@BankFodder yes I think I will thank you 

[Titchytitch]

@BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent

 

I received your correspondence regarding the notice of debt dated 8^th June received 12^th June giving me 7 days to make payment.

I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.

[Titchytitch]

Rejection letter to be sent to the FOS

 

I am declining your decision of 13^th April for the following reasons:

 

Much of your decision is predicated on your view that Aviva had a “process” in place and that they followed this process and as a result their decision to enter an insurance contract in 2015 despite their misgivings was fair.

 

1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that with regards to that process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair and regardless of the fairness of the process.

 

2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager.

Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud.

In fact what we find is that the correct process and the very serious suspicions of the call handler were overridden by a manager.

Evidntly either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you.

It may even be that Aviva does not have a written “process”. They only have “a way of doing things”.

If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation is flawed and your decision has fallen short by any reasonable standards.

If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva.

I believe that you have never once seen the “process” upon which you are purporting to rely upon in your decision.

You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of those companies exercised sufficient diligence that they did not become victims of the fraud.

Only Aviva failed to exercise proper care and allowed themselves to be defrauded.

You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity.

I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon.

 

 

There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision but the reasons above go to the heart of your own investigative process and the quality of your decision.

It is not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines.

I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe.

I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business.  Needless to say I have received no response.

The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs.

I have asked to see their abuse policy and I have received no response.

None of this is surprising.

 

 It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business.  Aviva are complicit victims of the fraud.

It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me.

I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me.

I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.

 

This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor.

Please confirm receipt of this complaint, that it is being forwarded and  provide me with any policies and guidelines to the Independent Assessor route and also let me know the timescales involved.

I will want to provide further information to the Independent Assessor.

 

Yours faithfully

Edited June 13, 2021 by BankFodder
edits and corrections in red

[Titchytitch]

@BankFodder is the letter ok to send to all contacts at aviva re the officer getting in touch with them ?

[Titchytitch]

@BankFodder email from FOS 

 

 

Thank you for your email, I am happy to give you more time until you receive your subject access request.

[Titchytitch]

I've sent the email re TIC to the police and I've sent letter to aviva saying the police will be in touch. I've not sent the letter to FOS yet 

[Titchytitch]

@BankFodder the police officer has contacted aviva her response below she has asked  them to hold on the money front 

 

 

AVIVA have replied and i have requested to put the request for money on hold so fingers crossed this request is accepted.

[Titchytitch]

@BankFodder I've got neither just the officers email to update me that she's been in touch with Aviva 

[Titchytitch]

@BankFodder I've sent her an email requesting her to share their response 

[Titchytitch]

@BankFodder yes that's correct no firm date just they will grant extension I am to send this letter to the FOS if you're happy for me to do this x

[Titchytitch]

@BankFodder heres to wishing aviva do whats right but i highly doubt it, ive sent the letter to the FOS colleague who has agreed the extension i'll keep you updated on what they say the officer also agreed last night to send me Avivas response once she gets it 

[Titchytitch]

@BankFodder response from FOS 

Thank you for your email, I am happy to wait until you've received the subject access request and an additional two weeks, please get in touch with me to let me know once you've received the information you're awaiting. 

 

In terms of the call recording, the final decision has now been issued, we won't be in the position to revisit this complaint even if you feel that crucial evidence has not been considered. It is likely to case that if the evidence in question was crucial to the outcome of the complaint, the Ombudsman would have requested this from Aviva prior to issuing the final decision. 

 

[Titchytitch]

@BankFodder in short yes aviva claim the FOS can deal with any queries or revisit but they can't and FOS won't even look at their errors 

[Titchytitch]

@BankFodder do I need to send the above letter to the person that replied to me on email?

[Titchytitch]

@BankFodder the FOS response 

 

Thank you for your email.

 

Before you refer a complaint to the independent assessor (IA) you would first need to raise a service complaint with us directly. Your service complaint will be reviewed by a manager, and if you remain unhappy with our response you can refer it to the IA. I think it would be helpful to outline that service complaints do not consider the merits of the case e.g. the final decision or address the reasons why you're unhappy with the decision, the approach taken etc. It will only consider whether we have provided you with a good level of customer service throughout the complaint i.e kept you up to date throughout our investigation, progressed your complaint within a reasonable timeframe etc. 

 

I hope this explanation was helpful, If you wish to raise a service complaint, please let me know, it would also be helpful to explain your reasons for the service complaint so this can be adequately addressed. 

 

[Titchytitch]

@BankFodder please see above post #382

[Titchytitch]

9 hours ago, Titchytitch said:

@BankFodder the FOS response 

 

Thank you for your email.

 

Before you refer a complaint to the independent assessor (IA) you would first need to raise a service complaint with us directly. Your service complaint will be reviewed by a manager, and if you remain unhappy with our response you can refer it to the IA. I think it would be helpful to outline that service complaints do not consider the merits of the case e.g. the final decision or address the reasons why you're unhappy with the decision, the approach taken etc. It will only consider whether we have provided you with a good level of customer service throughout the complaint i.e kept you up to date throughout our investigation, progressed your complaint within a reasonable timeframe etc. 

 

I hope this explanation was helpful, If you wish to raise a service complaint, please let me know, it would also be helpful to explain your reasons for the service complaint so this can be adequately addressed. 

 

 

[Titchytitch]

@BankFodder thank you is it worth mentioning that the fos had no dealings with myself and was going by the information filtered via the first investigator? I never spoke to her and neither did she try to understand the case? If not I think this letter is good to go 

[Titchytitch]

Katie who was the first ombudsman asked me questions and I responded to them but the 2nd ombudsman never spoke to me or emailed me 

[Titchytitch]

@BankFodder @BankFodder please see below 

3 minutes ago, BankFodder said:

Taking your complaint further

If you or the business don’t want to accept what we’ve said, you can ask for your case to be referred to an ombudsman.

The ombudsman will then look at all the details of your complaint afresh, and make a final decision. As part of this process the ombudsman may decide to issue a provisional decision which will set out the decision he/she is minded to make on your case. The ombudsman will then ask both parties to make any final representations which he/she will consider before issuing a final decision on your case. 

Once a final decision is issued, you will be asked to confirm by a specified date whether you accept or reject it. If you accept the ombudsman's decision, the business has to do what the ombudsman has told them to do. This might, for example, include making the business pay you compensation. And, if you accept it, it is unlikely you will be able to pursue the business in court for the same complaint. 

If you don't want to accept the ombudsman's decision, you don't have to. But it does mean our involvement has come to an end and the business doesn't need to do anything. You may still be able to take legal action against the business, but we won't be involved in this. 

Our rules are flexible and there might be some cases where after a provisional decision has been issued, the parties may agree to settle the complaint at that stage, sometimes on the basis proposed in the provisional decision or otherwise. If you agree to compensation offered by a business at any stage, this may mean you won't be able to pursue the business in court for the same complaint. You may want to consider taking independent legal advice if you are unsure about agreeing to a settlement. 

 

[Titchytitch]

@BankFodder it was referred  but it wasn't seen as afresh she was still filtering the investigation through Katie who was the investigator so the complaint wasn't impartially investigated it was pointless referring if Katie was still involved 

And she didn't speak to me to make a final representation she just went straight to final decision I think they based their decision on the fact 

A) aviva followed a process 

B) the policy investigation where my documents were given which were stolen 

C) the letters I had supposedly received 

 

So the way it was handled was completely wrong 

 

[Titchytitch]

@BankFodder this is excellent!! I'm not sure what point 1 on suggested course of action should read it says "vitiated " 

[Titchytitch]

@BankFodder does this bit read correctly as the rest is fine 

 

1. In view of the fact that the ombudsman's own published "process" has not been applied to the handling of my complaint, the decision by the on this man should be considered as vitiated. In that case, the decision would be considered to have no validity at all and so there will be no question of the ombudsman being asked to reverse it as they would effectively be no decision to alter.

[Titchytitch]

@BankFodder I'll get this sent off this morning thank you

[Titchytitch]

@slick132 yes I corrected it and sent it in as you've just corrected it many thanks hun x