Fraudulent Policy - Insurer refusing to disclose information or remove policy from CRA

Hi All

Asking for a bit of advice as I feel as if I am banging my head against a wall trying to deal with Admiral.

16/10 - Someone took out a fraudulent car insurance policy using my name and address, no documentation was sent to my address.
19/10 - Admiral send me a letter telling me that they are cancelling my policy due to failure to supply required documentation, they have reported on the insurance database that I have a cancelled policy against my name. 
20/10 - I call Admiral, ask them !!!!!! is going on as I do not and never have had a policy with them. They agree the policy is fraudulent and agree to remove all information from the insurance database. I ask for details so I can demand an SAR. 
24/10 - Admiral send me a letter saying that I can submit an SAR, I request SAR.
31/10 - Admiral report to the CRAs that I have a policy with them with an outstanding balance of £1,500.
18/11 - Still no response from Admiral regarding the false report to the CRAs, still no response to the SAR. 
19/11 - Called Admiral who refused to discuss anything because I cannot supply the security information for the policy, a policy which they had agreed a month earlier was fraudulent and should not have been connected with me. Will not say why they have not removed the policy from CRA records (and indeed reported the policy more than a week after they had agreed it was fraudulent), will not say if they have removed the cancelled policy record from the insurance database, will not say why they have not responded to the SAR and generally refuse to discuss or respond to anything. 

I am going to raise a formal complaint to the ICO for the refusal to respond to the SAR.
What is the best route to take for their refusal/inaction on removing the policy cancellation which is against my name?
What is the best route to take for their refusal to deal with a formal complaint?
At this stage, due to their complete refusal to be in any way helpful, how do I (metaphorically) break their legs?
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Comments

  • dunstonh
    dunstonh Posts: 115,694
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    I am going to raise a formal complaint to the ICO for the refusal to respond to the SAR.
    That won't achieve anything yet because they are still within the timescale allowed to respond to the DSAR (1 month).   When they do respond, it is likely anything that deals with the fraud will not be supplied.  Firms can withhold data in respect of financial crime.

    What is the best route to take for their refusal/inaction on removing the policy cancellation which is against my name?
    Make a complaint to Admiral.

    What is the best route to take for their refusal to deal with a formal complaint?
    You haven't stated in your diary of events that you made a complaint.   A financial firm cannot refuse to deal with a complaint.   Are you sure a complaint has actually been acknowledged?

    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dunstonh said:
    I am going to raise a formal complaint to the ICO for the refusal to respond to the SAR.
    That won't achieve anything yet because they are still within the timescale allowed to respond to the DSAR (1 month).   When they do respond, it is likely anything that deals with the fraud will not be supplied.  Firms can withhold data in respect of financial crime.
    On the phone they told me that they should have responded within seven days. If I have to wait a month before I can report them to the ICO then I will, but that only gives them until Thursday and considering that so far they have done absolutely nothing I doubt they will have. 

    I know that they often try to hide behind withholding data but I am planning on challenging that if they do on the basis that if they withhold information which is or could be relevant in the person protecting themselves against future fraud attempts then they are complicit in any future fraud attempts. I have read the legislation (really, really tedious) and it does not appear to give them a full exemption, it does say that they should be able to withhold information relating to their internal fraud protection processes in relation to law enforcement, but it does not give them carte blanche to refuse other data, which is what they try to claim.
    dunstonh said:
    What is the best route to take for their refusal/inaction on removing the policy cancellation which is against my name?
    Make a complaint to Admiral.
    I tried this (again) morning, but the simpleton in their customer service department claimed that I was unable to as I would not supply them with the security information the fraudster supplied. They claimed that without supplying the security information they would not access "my account" to allow me to complain, they refused to put me through to a manager/supervisor and just kept saying that they would not accept my complaint.
    dunstonh said:
    What is the best route to take for their refusal to deal with a formal complaint?
    You haven't stated in your diary of events that you made a complaint.   A financial firm cannot refuse to deal with a complaint.   Are you sure a complaint has actually been acknowledged?
    I made a complaint when I first contacted them, I specifically told them that it was a formal complaint. The customer service department today refused to acknowledge an attempt at making a complaint (again) and stated that because I "refused" to supply the security information the fraudster gave they were refusing my attempt to raise a complaint, escalate the call or get them to respond in any way other than being completely useless. 
  • diystarter7
    diystarter7 Posts: 5,202
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    dunstonh said:
    I tried this (again) morning, but the simpleton in their customer service department claimed that I was unable to as I would not supply them with the security information the fraudster supplied. They claimed that without supplying the security information they would not access "my account" to allow me to complain, they refused to put me through to a manager/supervisor and just kept saying that they would not accept my complaint.
    Regulated firms should not create barriers to complaints.  That is a serious breach.   This means you can now immediately refer your complaint to the FOS.   If you are feeling up to it, you could also contact the FCA.  The FCA will not review your complaint, as its not its remit.   However, the barrier to being able to raise a complaint is a regulatory breach and the FCA, depending on who you speak to, may take an interest.    I say "may" because the FCA is very hit-and-miss.  I have reported frauds to them previously.  On one occasion, the person at the FCA didn't want to know despite consumers having their pensions stolen from them.  On the other occasion, they did follow up requesting more details but I don't know if they did anything about it.

    You should have received an acknowledgement of your complaint, summarising your reason for the complaint, explaining the complaints process and what will happen next and your rights to access the FOS.   Failure to provide that is a regulatory breach.
    Brill post, the highlighted bit I was thinking about that as I read the OP but not sure
    A very helpful post all round
    IMO, it's possible people lacking experience and or authority that are holding the OP back
    I'd demand to speak with the manager and if they were not helpful, I'd  cite the highlighted bit in the quoted post and I bet you that will get them to think twice.

    OP, I hope you are soon able to remove this unwanted attention from your good name. I'm never  compo person but IMHO, they own you a big apology once this is sorted out
  • TSx
    TSx Posts: 850
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    edited 19 November 2022 at 5:35PM
    Raising with the FOS and ICO is worthwhile but likely to take many months. If you complain to the ICO about the failure to respond to the DSAR, you can also highlight the inaccurate information they have supplied to the CRA's.

    Whilst the DSAR will contain your personal data, they may redact anything relating to another individual, so if there's any indication of who actually took the policy out then I wouldn't expect that to be supplied as it's not 'your' data

    For a quicker response I wouldn't ring them - since you've tried the regular customer service channels, I'd try emailing their CEO (search google for CEO email admiral) - they will likely pass it to an executive team or to the complaints team directly but either way in 90% of companies it will prompt a proper response to the issue.
  • Thank you, that is really useful to know about the refusal to accept a complaint being a serious breach. I shall be contacting FOS and FCA, I will wait until they fail to hit the ICO deadline then report them for a breach there as well.

    I have not received the summary of the first complaint from them, nor anything else that they said they would send (a victim of impersonation fraud pack and some other information). I am not bothered about compensation, but I will make the whole process as painfull and costly for them as possible in the hope they improve their systems and process so that others do not have to deal with the same issues.

    I will update when I have further information. 
  • Quick update this morning, I phoned Admiral again, this time I got the UK call centre, but was still told that they would now allow me to raise a complaint as I would not provide the security information. They also claimed that they have not reported to any of the CRAs even though it is showing on the CRA reports as an outstanding balance. 

    I then phoned The FOS, they have said that as I do not have a response from Admiral they will raise a formal complaint on my behalf, but that they have to give Admiral eight weeks to respond before they can take further action and then the wait after that is between 4-5 months from that point due to case load. 

    I spoke to the FCA to report the refusal to accept a complaint, as you had previously said they have recorded this, but are unable to give me any updates going forward, although they may contact me for further information. 

    I have also taken out a CIFAS protective registration, I know that this should normally be done by the company that facilitated the fraud, however as Admiral refuse to be any help I have done this myself to be safe(er).
  • DullGreyGuy
    DullGreyGuy Posts: 9,158
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    I have also taken out a CIFAS protective registration, I know that this should normally be done by the company that facilitated the fraud, however as Admiral refuse to be any help I have done this myself to be safe(er).
    Certainly a sensible precaution but be aware that not all insurers subscribe to CIFAS and those that do often arent doing realtime checks
  • I have also taken out a CIFAS protective registration, I know that this should normally be done by the company that facilitated the fraud, however as Admiral refuse to be any help I have done this myself to be safe(er).
    Certainly a sensible precaution but be aware that not all insurers subscribe to CIFAS and those that do often arent doing realtime checks
    Yep, it is not perfect, but better than nothing (I hope).

    I also had a call back from the FCA asking if I could send them screenshots of the call times and durations to Admiral from my mobile, as well as a scan of the only physical letter that they sent to me so it does appear that someone is having a look at it from their side as well. 
  • Another call from the FCA this morning asking if I could confirm during which calls I asked to raise a complaint, there were six calls in total so they asked me to confirm in which ones. The contact also said that they would require Admiral to provide recording of all the calls so they were making me aware of that as a general courtesy. 

    Hopefully that means that the FCA are going to give Admiral an incredibly hard time over all of this!
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