Tesco Bank - CIFAS Placed 2016 - Advice On How To Handle?

[fkofilee]

Ive removed the attachment for you Ive seen it - Theres nothing in it to suggest the details were given away. 

Do you have anything else that would prove it? 

 

Otherwise I cant put a case together to help get this overturned.

[L33noa]

i dont have anything further as afterwards it was a phone call  

[fkofilee]

Oh no... How much info did they send in the DSAR

? 

[L33noa]

nothing of interest that i can see, literally just statements, and opening t&c's with some other odd general information

I can send it through it that helps I can scan it at work tomorrow 

[fkofilee]

Yea plz do... 

Im struggling to put a case together here. Is there no call recording at all? (On the off chance)

Can you PM me the Adjudicator letter again without it blacked out... I want to read everything. 

 

Checked and with the IPhone app - You can add a payee with no protection in place so how do they verify its your device doing the transaction. 

Can you remember what Tesco Bank asks for when signing into the app for 1st time?

[fkofilee]

Hang on... ATM withdrawal? 

[L33noa]

so it says, again I didn't have to card in my possession I told the Ombudsman this, i never used the account and it happened 18 months after opening. I have asked for ATM camera but they said it no longer exists.  

[fkofilee]

Which ATM was the money taken out of?

[L33noa]

sorry, work has taken over my life! it says ATM London road Leicester

They have also now provided me an IP address 193.201.205.250 (Catford) 

device location: Latitude / Longitude  52.62295 1.11864 

 

which relates nothing to me 

[L33noa]

I have also received this as part of my second SAR which was not included in the first clearly stating by Tesco that shouldnt have loaded CIFAS 

 

[fkofilee]

Hi Thanks for this. Ive read it and removed the attachment as it had PII in it.

So you are saying the Withdrawal had nothing to do with you? 

 

 

[L33noa]

I never used the account and told FOS that I had never the card in my possession absolute nothing to do with me. 100%

[L33noa]

i had requested CCTV they no longer have it 

wondering what i can do next Tesco not entertaining me anymore. CIFAS wont either, I have complained to ICO regards incorrect info held but no response yet 

[L33noa]

@fkofilee hi, sorry to pester, are you still able to help or is it a no go? not sure where to go with this next? i have a complaint in with ICO 

[fkofilee]

Hi L33noa

 

You can keep it going with the ICO, FOS and maybe complain to CIFAS directly too. 

You could get it overturned. However - This will be a slow process. When you have finished with the FOS and ICO. Lets revisit this with @BankFodder as he is currently dealing with another case. 

 

[L33noa]

FOS will not look at this any further they have said. ICO have my complaint i submitted last month but are experiencing delays so a waiting game with them.

CIFAS also said they will not look at it.

 

I will update you as soon as i hear from ICO, i have also emailed chief ombudsman & chief executive for FOS and Chief Executive for CIFAS expressing my concerns, i wont hold much hope of a response. but desperate times really  

 

thanks for your reply and help

[L33noa]

@fkofilee good morning, so after 4 months waiting for a reply ICO have emailed me extract below;

Having reviewed the correspondence provided so far on this case, I should clarify that whilst CIFAS have an obligation to check the accuracy of the information they hold, they are very much dependent on the data provided to them by Tesco Bank.
In the event that Tesco Bank have confirmed to CIFAS that the information they have provided them with is correct, CIFAS are unlikely to be in breach of the legislation that we regulate.

 

seems they cant do anything either and i am astonished that CIFAS dont check information but just rely on it to be correct. the worlds gone mad

[fkofilee]

You can complain to CIFAS if you believe a marking is incorrect

Have you considered that?

[L33noa]

Yes already have complained to them. Received a letter stating they only act on information sent to them. I sent them copies of my SAR where Tesco admit shouldn’t be placed and they said they cannot look into. 

[L33noa]

hi any further help on this at all? continues to be brick walls and no where to go as well has severely impacting me day to day

[L33noa]

@fkofilee

 

Hello I am still pursuing this matter and have now had a response from ICO - AS BELOW

 

please can anyone assist with a next step I cannot see how every one has agreed that Tesco are at fault yet no one can rectify the outcome its bizarre

------------------------------------------------------------------------------------------------------------------

I write further to my last email of 8 September and in response to your correspondence of 29 September and 13 October.
 
Please accept my apologies for the delay in responding, I have been away from the office on leave.
 
Tesco Bank have now provided the ICO with the further information we requested in relation to this case.
 
The organisation have acknowledged that they have not acted in compliance with the GDPR in this case as they did not discuss their concerns with you before the CIFAS marker was applied. Tesco Bank have accepted that this was not fair, and we understand that they have now changed their process as a result in order to prevent any reoccurrence of this issue.
 
In relation to the accuracy of the information that Tesco Bank shared with CIFAS, we requested further clarification from Tesco Bank in relation to the below statement, made by one of their investigations team members:
 
‘I am unsure whether this should have been loaded to CIFAS as we would be unable to establish if Mr L33noa was complicit and aware funds were fraudulent’.
 
Tesco Bank have explained that since the above statement was made, a member of their staff spoke to you, regarding your account, on 22 October 2019. Further, Tesco Bank have confirmed that the fraud team reviewed all of the correspondence you subsequently provided.
 
We understand that you were also contacted by the FOS as part of their investigation and given an opportunity to provide an explanation for how the funds left your account.
 
Having revisited this matter as a result of this concern being raised, Tesco Bank have concluded again, after further discussions with CIFAS, that the marker should remain.
 
Outcome

I have considered the information available in relation to this complaint and I am of the view that Tesco Bank have not complied with their data protection obligations.
 
This is because Tesco Bank failed to meet their obligations under the GDPR in this specific case with regard to fairness and transparency, prior to the CIFAS marker being initially applied.
 
However, as fraud itself is not covered by the legislation that we regulate, the matter of whether or not a CIFAS marker should be applied or removed is not something the ICO can become directly involved in. Tesco Bank have revisited your concerns and after further discussions with CIFAS concluded that the marker should remain. As such, we are unable to consider the matter further.
 
Next steps

I have now written further to Tesco Bank about this matter and informed them of our view. This has been logged accordingly on our case management system.
 
If you are seeking personal redress or compensation for the way an organisation has dealt with your personal information, you will need to pursue this independently through the courts or with an industry's own ombudsman or regulatory body.
 
Please be advised that this is not a process that the ICO can assist you with. We therefore recommend that you seek independent legal advice if you wish to pursue this course of action.
 
We keep a record of all the complaints raised with us about the way organisations process personal information. The information we gather from complaints may form the basis for action we may take in the future to ensure organisations meet their information rights obligations. 

Thank you for bringing this matter to our attention.
 
Should you have any queries please contact me directly.

 

[fkofilee]

On my list to read this in full shortly. 

[fkofilee]

@L33noa

 

AML take priority over your right to information held on a system.

A breach for Data Protection / Incorrectly processing your data (If I remember rightly) cannot be held as a criminal offense. Case In Point - Check ICO fines etc.

As for AML - That is a law designed to prevent Money Laundering. 

 

Unless you are prepared to take extensive legal action against Tesco to have it overturned, I think you need to start preparing for life after. 

If you do take legal action against Tesco for damages etc A judge maybe able to force information from them but at this point - I think you should consult a solicitor to take further action

[L33noa]

Sorry forgive me for being a little stupid here, are you saying its best for me to forget about this now and sit out until the six years has passed , or consult a solicitor to take further action as Tesco have a case to answer

 

Thanks for your reply 

[fkofilee]

Both... 

Do you have the funds to consult a solicitor? Raise a case to take to Court? 

Or you could take legal action yourself on the basis that Tesco had no right to put that CIFAS Cat 6 Marker there.

 

Finally... IF the answer to above is no in any capacity - Then set yourself up for the next 6 years... 

The marker is still going to be there even though you are trying to fight it.