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

[BankFodder]

I'm very troubled by this proposed particulars of claim – mainly because it is far too detailed.

I'm always very much in favour of a minimum particulars of claim which give as few hints and cues to the defendant as possible so that there is a greater likelihood that they will disclose interesting information in their defence.

I have to say that I've been thinking about this for some time and I'm finding it difficult to come up with a suitable form of words – but I do think that what you're proposing here is not what is needed and effectively amounts to throwing in everything including the kitchen sink.

[L33noa]

I am happy to be led by your expertise and judgement on this. I have never been down this road before so your guidance is much appreciated happy to revise it if you think it will be more effective. 

[BankFodder]

This is very new for us as well. But my instinct is that you should keep this very short and let them respond with detail.

I know that your letter of claim expires tomorrow – but a few extra days won't matter

[BankFodder]

I would suggest something like this:

 

Quote

The defendant suspected the claimant of fraudulent abuse of his bank account number XXXX. They carried out a flawed investigation without observing proper procedures and in all the circumstances treated the claimant fairly in their manner of their investigation and in their manner of communication with him. The defendants disregarded a recommendation by one of their managers Tom O’Donnell that there was no basis for finding that the claimant was fraudulent. As a result of this unfair treatment the claimant is now the subject of a CIFAS marker. The defendant is fully aware of all of the facts. The defendant has failed to inform the police of alleged fraudulent activity by the claimant so that the claimant has been deprived the opportunity of participating in a fair and open and impartial investigation by outside authorities. The claimant is suffering damage as a result and at the moment claims £200 but the damage is continuing.

 

 

Which sort of says it all – but in fact says very little at all.

Please can you have a look through it and see what you think in principle – and then let me know if there are any features which you think should be included or which should be taken out and if there is anything that is not correct.

 

Please can you doublecheck the name of the person that I have entered in red and correct it

[L33noa]

Yes I am more than happy with this if you feel its a better approach   the name was Tony O'Donnell which i can amend 

 

                                                               

[L33noa]

I've submitted the claim 

[BankFodder]

Okay. I wanted to give a few more words of caution before you actually did that.

Just so you know that very few BCOBS claims have ever been issued although they have produced successful results before any hearing and under conditions of confidentiality.

However, a claim on the basis that you are bringing yours is very unknown. I would hope that the bank would want to avoid trouble and would simply review what they have done and correct everything.
However, they may well rise up and decide to crush you.

How much did you actually claim for? What figure did you put in as the damages you are looking for?

[L33noa]

well lets see what happens now I suppose. you would think given the ICO and FOS have and Tesco them selves acknowledged the investigation was flawed that some common sense will prevail. but like you say who knows it may well stir up a hornets nest instead. 

 

claimed for £500 as that was only £35 to do that 

[BankFodder]

It wouldn't surprise me if they offer you the £500 plus your costs in order to get you to drop it – but without them taking any further action.

They may well try to contact you in confidence – and if they do then may be you would like to contact me on our admin email address.

Paying the amount of money you want is easy for them and it means nothing. Of course you want something much larger so we'll have to see how it goes.

[L33noa]

Thanks I will keep you informed - fingers crossed! thanks your all your help so far 

[L33noa]

**Update**

 

Tesco yet to issue any response. 

2 working days left to do so.

[BankFodder]

Well don't get your hopes up too high – but keep on monitoring the money claim site very closely and be prepared to put in for a judgement at the very minute that it allows you.

Thanks for the update

[L33noa]

on Deadline day and Tesco has responded asking for extra time to respond. 

Tesco Bank has been given an extra 14 days to respond to your claim.

They need to respond to your claim before 4pm on 21 June 2021.

[BankFodder]

Bless!

[L33noa]

Not like they have had long enough time already just about 3 years now ! lol 

I will wait again and see what comes of it 

will keep you updated 

[AndyOrch]

Have you given your permission to extend ?

 

See CPR 15.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

[L33noa]

It all seems automated online no where i can refuse this etc . I certainly haven't given any permission to extend you would thing a corporation the size of them could reply within the specified time wouldn't you!

[The GodMother]

Have they only used the 14 days or the full 28/33

 

[L33noa]

I submitted the claim 17th May giving them until 7th June to respond the message i got when i completed it was as follows

 

Your claim against Tesco Bank was issued on 17 May 2021.

The defendant needs to respond before 7 June 2021.

The defendant can ask for an extra 14 days to respond. If they do you will be notified of the date you need to respond by.

[AndyOrch]

CPR 15.5 is applicable only after the full 28 days...the 14 days they refer to is after acknowledgment of service to submit their defence...not beyond the 28 days. They must have the claimants agreement to extend further and add a further 28 days...56 days max allowed.

[The GodMother]

Hmm l would ask why you was not asked permission. 

[L33noa]

So 8 days into the extended 14 and no contact from Tesco , I stupidly thought given they asked to extend I might have received something by now from them. see what the next few days bring. cut off 21st June 4pm  

[dx100uk]

post hidden upload totally unredacted.

 

dx

 

[fkofilee]

Ive managed to read it - Do you have enough proof to conclude in evidence that you were NOT responsible for the transfers etc and that your Account was "Hijacked"?

[The GodMother]

Was not unexpected. We expected them to deny everything. Do you have the evidence for this.