Unfair treatment by Aviva in fraudulent application

[BankFodder]

Okay well let's see how it goes and if they don't come up with an answer or if they want an extension then will go into challenge mode on the 12th.

[Titchytitch]

@BankFodder hope youre well just to keep you in the loop with things, whilst abroad i have had a freak accident i slipped on some marble flooring and dislocated my left knee it came out completely from the knee socket, bruised my left arm and elbow heavily  due to the weight of my body on impact and fractured my ankle.  Im currently bed bound with a cast on my leg i was unable to travel back as the doctors wouldnt allow me to. 

 

I heard back from Aviva on 20/10 with the following response:

Quote

 

Good morning Mrs Bi

 

Thank you for your patience in awaiting our response to your e mail dated 27th September 2021.  We have now had the opportunity to review the call made to set up the policy and have attached a transcript of the part of the call which highlights your own personal identifiable information.  As you will see from the transcript, we spoke to Mr Mohammed Zafar who confirmed your date of birth and address and that he was authorised to deal with this matter for you.

 

I do hope this information is useful to you and resolves any outstanding queries you may have but please do not hesitate to contact us again should any concerns or queries remain.

 

 

I have access to emails so can continue to work whilst im bed bound, i have received nothing in the post from Aviva chasing payment or anything due to police now taking no further action.

 

I also havent heard back from the independent assessor

 

This is a short summary of where we are at , i gave a statement to yourself which you were finding hard to follow so we can work on that if you like, hubby will email you his and the cousin hasnt responded yet

 

Thank you for your patience but this freak accident has left me highly traumatised as it was not how i was wanting to spend my holiday but i thought id keep you all in the loop.

 

Much love x

[BankFodder]

Thanks for this.

Obviously you won't be able to continue this claim until you have recovered and have returned safely.

The message that you have from Aviva is very helpful because it clearly indicates that they have nothing else from you.

They are effectively admitting that they opened a policy in your name – created contract with you – even though you weren't present – and they simply took the word of some unknown third party who happened to have your personal details.

I think what we will need is a list of all the communications which they apparently tried to send to you and your comments in relation to those as to why you didn't receive them.

I feel that I may have asked you this in the past – but anyway I'm asking you again.

A tabulated list would be very useful – for column – date, nature of communication from Aviva – did you receive it yes/no – comments.

Clearly the ombudsman speculated on this and that was a very strong basis for the ombudsman finding against you. We now have to be ready to counter that.

The statements are important – and your cousin' s statement is especially important

[Titchytitch]

@BankFodder before I came abroad I checked with royal mail if they could tell me if any of my mail had been intercepted with they said they could only go back max 4yrs so this aviva business would be out of their window or remit to investigate 

I will speak to the cousin when I'm back he should also be back in the UK 

Yes we will tackle this when I'm back home I've booked return flights for 25/12 but aviva have sent nothing in the post yet will post any communication from them should I receive any 

 

Thank you 

[Titchytitch]

@BankFodder I have started receiving mail again from Aviva chasing the debt letters I have emailed them to your email address for your reference I am still abroad so im unabke ro send them in the format acceoted in site im due back Xmas day once my cast is taken off my leg

[Titchytitch]

@BankFodder can we draft a letter or email please that i can email them in the interim to keep them off my back till I'm home safely before I tackle this

Sorry im drugged up quite badly on painkillers so not fully there any direction would be greatly appreciated as to how I tackle this now  thank you in advance 

[BankFodder]

There is nothing you can do and there is no point in writing to them. If they send your letter of claim then let us know. Other than that, there is absolutely nothing we can do until you are in a position to start dealing with it properly.

[Titchytitch]

@BankFodder would you say its worth starting the county court claim via small claims court while I'm out here ? As I'm due back in a couple of weeks and I have access to my emails ?

[BankFodder]

No, we are nearly on top of Christmas. You need to be sure that you are in a position to be able to concentrate on it and also it's been some time so we need to catch up on the thread and remember where we are.

January

[Titchytitch]

@BankFodder would it be easier to pay them off but to ensure no default is registered and that I'm not admitting any liability for an easier life as the extended family have offered to pay them back or should I continue to fight as I'm innocent in all of this 

It will be 2yrs in Jan since I've been fighting with Aviva to get them to see their error 

[BankFodder]

Yes if you could do that but make sure that they understand that the payment is made without any admission of liability and also make it clear to them that you intend to be bringing legal action against them on various issues including the recovery of the money.

Tell them that when you bring the legal action against them you will be seeking the recovery of the money plus interest.

Tell them that they are accepting the money on that basis.

Maybe you should send them this letter in advance of the payment and tell them that once they indicate that they understand the situation that you will make the payment

[Titchytitch]

@BankFodder would you mind helping me draft the letter up please with me being on high painkillers 

I do not want any defaults registering on my name and its no admission of liability 

I'd really appreciate this and in the meantime I'll await for the family to give me the money 

[BankFodder]

Are you sure that there is nothing on your credit file already?

[Titchytitch]

@BankFodder there is nothing as of yet but they did say to me once its paid they have no control on the default etc it might go on 

As a company of course they have the right to challenge or remove a default the advisor didnt sound too certain 

[BankFodder]

It's rubbish that they have no control over the default. It is they who place the default.

They have direct access to the credit reference agency computer because they are a subscriber. They simply access their portal and they register the default.

They are lying to you

[Titchytitch]

@BankFodder exactly I learnt that along the way when I was contesting the lines and lines of entries on my credit file 

This needs to be reiterated in the letter alongside no admission of liability 

 

When you say I will recover costs along with interest are we working on the basis that I will be taking it to court when I'm back in the country? Sorry confused by that bit 

[BankFodder]

Well of course. You don't think they don't give you the money back for you Christmas to you?

[Titchytitch]

@BankFodder so I still take them to court ?

is this in the hope they write the debt off without asking for payment?

Can we draft a letter please that I can send on to them reiterating the above points we have discussed ie no default,  recovery of monies, admitting they have set the policy up without speaking to me and have taken a 3rd parties word of authority as given 

[BankFodder]

We will look at it all in January

[Titchytitch]

@BankFodder so should I not respond to the correspondence they have currently sent theyve given me a 7 day limit?

And deal with it all in January?

[BankFodder]

Yes

[Titchytitch]

@BankFodder that's fine i will keep you posted if they send anything further in the post thank you sooo much 

If i don't speak to you beforehand have a great Xmas spk soon x

[Titchytitch]

@BankFodder happy new year!

 

Just to update you I'm back in the country I haven't received anything as of yet from Aviva apart from the default notice letters I received in Dec nothing since i

 

Question is do I sit tight now and see what else is thrown at me or do I start building my case up ?

 

Extended family will be paying the 3k aviva is owed tio get them off my back but I haven't received anything yet just words for now 

[BazzaS]

Why pay if you don't owe it (unless it is to mitigate the harm it is causing your credit file, if iy is causing you harm here and now).

It may be harder to recoup the money later.

 

If it is (instead) that they are threatening to take it to court ... then let them: you want the matter heard so they can no longer ignore that they allowed the fraudulent application and failed to undertake due dilligence. If there are other proceedings that may impact (like your relative being prosecuted!), then (one the claim ahs been issued!), you ask the court to stay any claim against you until those other relevant proceedings have been heard.......

[Titchytitch]

@BazzaS i dont owe them anything and I havent used the insurance or seen any benefit from it and so far nothing is showing on my credit file as adversely impacting my credit file 

 

Aviva have openly put it on an email to me that the contract was entered via Mr Z 

 

I was just going to pay to get rid of them as I've been fighting this for 2yrs but I guess you're right why should I pay them for setting up a policy fraudulently in my name and Mr Z has got away with having the money refunded back to him and having use of the insurance 

 

I guess I'll sit tight till I get any further correspondence from Aviva I got back from abroad after sustaining an injury so I was touching base with the group 

 

Thank you for the input appreciate it