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

[L33noa]

I never used the account from the day it was opened, I received multiple letters encouraging me to use the account but I never did. 

I had issues accessing it which i raised. I never knew about any of these transactions and the CIFAS until i had insurance cancelled and RBS closed my bank accounts some 2 yrs later

 

They say themselves the account was hijacked and the account i was a beneficiary of funds. but I didn't have any knowledge of this. 

 

Tesco acknowledge the investigation was flawed as to did the FOS and ICO as the investigation wasn't fair and proper. But as they cannot establish how it happened they automatically make me the guilty party. 

 

 

[BankFodder]

So they are saying that
you didn't issue proceedings to the correct name.
you didn't serve the proceedings on the correct address.
You haven't provided them with enough information.
That the FOS report concluded that 14 activity could only have occurred using your sign-on details
that the banks action against you was fair.
They want to know what damage you actually suffered.
They want to know how you have arrived at the value of damages which you are claiming.
 

You will need to go through their defence and identify the points that I have identified above and any others that you can find and then let us know what your answers to each of those points is.

The way that I suggested in the past that this is handled is that you use a Microsoft Word document with a two column table. Put the point that they are making in the left-hand column and your response to in the right-hand column

[L33noa]

I will go through this tin detail with the points above and any others using the two column table. I will upload once completed. 

[L33noa]

I have started to go through the points see attached 

would welcome input and thoughts please 

 

Kind regards 

 

Claimresponse22.06.21.pdf

 

[Andyorch]

Thread tidied.

[L33noa]

Hi Site team 

just wondering if you had any further guidance support for me to continue my claim 

 

Eversheds (Solicitor Tesco using) have sent me a further letter asking me to withdraw my claim. 

 

@BankFodder

Many thanks 

[Andyorch]

Have you dealt with their first two points of their response ? Name change /address etc ?

 

What is your response to the following ?

 

Quote

2.33. 9.4 The Defendant was subsequently informed that the Third Party, who was also a customer of the Defendant, did not authorise the payment on 29 September 2016 in the sum of £150.00 to the Claimant‟s Account. The Defendant investigated the transaction and concluded that the Claimant had been the beneficiary of fraudulent funds. On 10 October 2016, the Defendant placed a Credit Industry Fraud Avoidance Scheme (“CIFAS”) marker on the Claimant under Category 6: „fraudulent faster payments transaction‟ (“First CIFAS Marker”).

 

[L33noa]

The name i was just following their correspondence, all the communication form them was Tesco Bank, for address i highlighted in this thread that the main headquarters was Scotland and was told to just use an address in England. so I used the main Tesco Head quarters.   

 

The Defendant investigated the transaction and concluded that the Claimant had been the beneficiary of fraudulent funds. - I have seen no evidence of the investigation. they have said the account was the beneficiary of fraudulent funds but as i have have said from the beginning I hadn't used the account in nearly a year. they did not communicate with me like they did their other customer therefore not giving me any opportunity to either assist the investigation or report to the police myself. The FOS and ICO have both found the investigation was not properly handled.

 

ICO: 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. 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.

 

FOS: The FOS found that Tesco didn't do enough to show it could apply the marker and found this wasn't fair. The FOS found that Tesco Bank did not do a sufficient investigation

 

Tesco: Tony O'Donnell investigation officer stated that There is no way we could have established if I  could have been complicit in the ACTO and know that the funds were fraudulent funds without speaking to him.

[L33noa]

Hi all , any advice / update at all? If i continue I need to respond within the next week

Many thanks 

[L33noa]

@BankFodderHi , any help and assistance on this would be great 

[BankFodder]

I'm sorry that I have neglected this thread. I've been put up with a huge number of things and for some reason or other this one went on the backburner.

I hope you are my me asking if you could produce a brief point by point summary of what has happened.

I seem to remember that you had a CIFAS marker
that there was an investigation which found against you.
That somebody within Tesco's actually decided there wasn't enough evidence against you but apparently that was overridden by some manager.
I can't remember a lot else.

I'm sorry.

If you could go through a brief point by point outline of what has happened including the timeline and where you are on this court case that would be helpful.

I remember the you've issued claim – but I don't think that we had any involvement in drafting it and they have produced a defence.

If you could post up the claim form and the defence again and also at what stage this is in the court proceedings.
Sorry to have to ask you to do all of this. The thread is too long for me to go all the way through so I think it will be helpful not only to me but also to anybody else to get a summary of what has happened and where we are

[BankFodder]

Actually don't worry about what I said above. I've scanned through the thread again and I get the gist of what has happened. I also see that we did actually suggest a particulars of claim although you issued it before we could make final comments on the draft.

Please could you post up the particulars of claim here and also the defence. You don't need to worry about the rest of the information which I asked about above.

[L33noa]

Thanks, attached particulars and Tesco response

214MC325-claim-form-claimant-copy (2)-converted.pdf 214MC325-claim-response (2)-converted.pdf

[BankFodder]

Thanks.
I realise now that we didn't see the claim in its final form before you sent it out. I suppose that it is partly my error but when the original draft was suggested, I didn't identify BCOBS and the FCA regulations as being the source of the statutory duty.

It might be that if you had come back to us with your proposed claim, we might have realised and then included it. Unfortunately it has gone out without that reference and that is very important and they have picked up on that.

On the other hand, they provided a fairly detailed defence.

In the last couple of weeks we've been helping somebody else with a claim against Santander in respect of the blocking of an accounts and the withholding of funds because of suspected fraud. As I said very early on in this thread, this is all new to us as well and so we are feeling our way. I'm afraid that you are a bit of a guinea pig – although I doubt whether that comes is any comfort.

We have now stood that where a bank suspects fraud, they also have a statutory duty under the Proceeds of Crime Act 2002 to inform the National Crime Agency and the NCA has to indicate within seven days whether or not the bank should continue to withhold funds.

We are suspecting that when we are dealing with fairly small sums, that the banks aren't doing this and in fact in the Santander case, an insufficient particulars of claim was filed and the judge ordered a more detailed particulars of claim which we have completed and which has now been filed. It was held by the fact that the bank – as in your case – filed a detailed defence which gave us a real look at their position before we compiled our more detailed particulars of claim.

I think you are in a position now where you had to decide whether or not to go ahead and to pay some money. That is going to be a decision for you. If you decide to withdraw your claim then of course you have lost your claim fee and you will be in exactly the same position as before.

If you want to continue your claim then you will have to pay the fee and hopefully, the court will either consent to hear the case or else they will threaten you with a strike out if you don't complete a fully particularised particulars of claim within a certain amount of time. This would be the best option because now you have had a glimpse of Tesco's position.

 

Here is the Santander case for you to have a look at

at some point we will have to give more details of what you are claiming and also I think we will have to you begin references to the Proceeds of Crime Act – which unfortunately we hadn't been aware of before even though the act has been around for a long time.

I think the best thing would be if we get an opportunity to file a fully particularised claim – but that will depend on the judge.

So I think you have to make a decision now about whether to go ahead – and of course we will help you as best we can – or to call it in.

 

Please let us know if I have got the position wrong that the next step is to decide to pay money to continue or to let it go

 

https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=43099

 

[BankFodder]

Is there any update on this?

[BankFodder]

???

[L33noa]

Hello 

 

sorry for the delay , So i had a hearing provisionally heard by the judge , who felt Tesco did have a case to answer his only concern was that it wouldn't go to a full hearing until Sep/Oct 2022 given the back log and given the marker would drop off by then  I should have a think about if i wanted to pursue. whilst he said he would be willing to listen to the case if i was to lose i would be responsible for covering any defendant costs. 

 

Tesco wanted the case struck out and me to cover costs so far excess £8,000 they quoted! he struck that out. he left me with 30 days to decide and re submit particulars. He also asked Tesco to re-look and given the duration left could there be a compromise. They said yes.

 

given that i might be liable for costs and that it wouldn't be heard until the marker drops off anyway i decided not to resubmit as I didn't want the worry and stress of that over me, Tesco have said they will come back to me re the marker , surprise though they haven't. 

 

for me its now draw a line under it and sit out the last 11 months until I am free of this nightmare. 

 

I thank you all for your input , help and suggestions and although I have perhaps not gained anything from it so far its been a valuable lesson that we should fight these institutes all the way and not roll over, even if its costs them thousands to defend this claim its a minor victory, Maybe? 

[fkofilee]

That £8k being solis costs i assume? 

Thats a lot!! ... Especially for a case like this. 

 

Have you contacted Tesco and their Legal Team to discuss the early removal? 

Got to keep on the ball...

[BankFodder]

Wasn't it allocated to the small claims track?

They told you that they would come back to deal with the marker. They say this in writing? Maybe you could post up what they wrote here.