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

[L33noa]

Thanks i want to fight they yes and i will make funds available to do so. do you have any recommendations on solicitor's or able to help further in any way. do you feel and agree that Tesco have acted unfairly and should not have placed the marker 

[L33noa]

Hi I have received a letter from Tesco stating they will no longer reply to me regards this matter. Even though ICO have raised concerns. Please help with where I should go now. 

[fkofilee]

@L33noa

 

Have you been to see a Soli? You can take legal action against Tesco Bank - I think you should look at that as your option.

 

[dx100uk]

open

 

 

[L33noa]

I want to take Tesco to court following ICO findings and previous evidence i have , is this just the small claims court I use? also head office for Tesco finance is in Scotland so how do i do this? info appreciated 

Many thanks 

[fkofilee]

@BankFodder - This is your avenue - Especially considering this is Tesco Bank. 

 

I think ive seen BF suggest that suing for £25 to limit the amount you pay (Scaling Fees) etc But see what they say first.

[BankFodder]

Please could you put up the written decision from the FOS which suggest that the matter hasn't been handled correctly by Tesco.

[L33noa]

attached 

Thanks 

ICO Case Reference Number RFA0910059.pdf nowosad_view2 (3).pdf

[BankFodder]

These documents are very useful. However it is clear that there are two issues.

The first issue is that the process used to place the CIFAS marker against you was carried out unfairly.

Everybody seems to admit that completely – even Tesco's. Have you been offered compensation for that? And have you accepted it?

I've noticed that you say that you have received compensation because of breaches of subject access requests – did you actually accept these compensation sums? Please could you tell us about the note or letter which accompanied the offer of compensation. It say that this was in full and final settlement? Did it say that the compensation offers were made as a gesture of goodwill?

The second issue is that everybody is saying that despite the fact that the process was carried out unfairly, the final decision was correct.

I don't know if you can understand the fact that this can be divided into two issues. It's important that you do.

Effectively what they are saying is that even if the correct procedure had been carried out, the result would have been the same and that you would have had a CIFAS marker against you.

Of course this is possible – but equally it could well be that the bank and the FOS are simply being protective. You should have no confidence in the independence of the FOS. By and large they are an industry poodle.

The ICO has found that procedures were not correctly applied – but only in respect of the way that your data is handled. In terms of the actual decision being made, the ICO has simply said that it is not within their jurisdiction to express any opinion. That is a reasonable thing for them to say.

Of course one thing that troubles me – and it troubles me with all of the CIFAS issues – is that these banks never ever inform the police. I'm amazed that there is no statutory duty – but it troubles me and I think it is unfair not to inform the police. I think they should inform the police so that they can be a proper investigation and your site can be put to them.

I understand that you were asked to make any representations about these allegations of fraud. Is that correct?

Also, going back to this thread, I see at some point that one of my site team colleagues has said that the CVV of a debit card was disclosed. Is this correct? How did that happen?

At the time of the fraudulent activities, had you parted company with your card at any point?

[L33noa]

Tesco have only paid me compensation for not sending me the correct SAR information after I asked for this they refused three times, they eventually sent it and compensated me for waiting not anything to do with the CIFAS marker. They say the decision still stands and they will not remove

 

I understand they say if they did carry out the investigation they would reach the same conclusion however this is impossible, somebody impersonated me and they never contacted me to discuss so its impossible for them to say that, I Indeed if I was notified of the fraud would have contacted the Police myself to report this. However I was never given any opportunity to.
 

I have never been asked to make any representations about these allegations of fraud

 

I was asked to cast my mind back to see if anything may have happened at the time. I never used the card ever as I had continual access problems. The only thing I remember was were selling a car at the time and a man was interested he asked my wife for sort code account numbers and debit card details to make the payment which my wife provided. However no money ever arrived and he never bought the car – The FOS dismissed this as having any relevance

[BankFodder]

Once again, when they offered you the compensation, what did they write? How much was the compensation? Also, how did they pay it to you?

Did you tell Tesco's about giving this car buyer the details of your card? What date did this happen?

When Tesco's eventually made their subject access request disclosure to you, what was included in it? When did it happen?



 

[BankFodder]

The letter you posted above is undated

[BankFodder]

I'm looking at the crime notes which you have posted in PDF form above.

First of all, it doesn't have any date.

Secondly, was this disclosed to you as part of an SAR? Is this all there was?

Thirdly in the conclusion it refers to a review by a team manager. Have you seen a copy of that review? And if the email which was then sent back to the author of the crime notes?

Fourth, there are some abbreviations which I don't understand.
What is ACTO?

It says that it has noted you as CAT X - xxxx as a result of this investigation. Presumably that means some kind of category but the category number has been redacted. What does that all mean? There are other reductions which we don't understand which don't appear to refer to the names of individuals. Of course under the rules, they are allowed to redact to protect the privacy of individuals but otherwise, I think you are entitled to an explanation. You are certainly entitled to a next donation of any codes they use.
also see that they apparently raised an "incident" to obtain online activity report. What are these? Have you received those?
This is an extraordinary document that they've released here and it will be extremely helpful to you but we need to find out more about it.

Also, I'd be interested to know why you left such a gap in coming to the forum. You were here in about October last year and then a gap right up until just this month.

I

[BankFodder]

It's unhelpful when you post images sideways. It's unfair and you wouldn't like it if you are helping somebody and they did the same thing to you.

[L33noa]

First of all, it doesn't have any date. – there is no date on that particular piece it was in the SAR request from Tesco and FOS.

Secondly, was this disclosed to you as part of an SAR? Is this all there was? – There are lots of emails back and forth between FOS and Tesco which I obtained from FOS SAR but nothing else in the Tesco SAR

Thirdly in the conclusion it refers to a review by a team manager. Have you seen a copy of that review? And if the email which was then sent back to the author of the crime notes? – I have not seen sight of this review – No.

Fourth, there are some abbreviations which I don't understand.
What is ACTO? – I am unsure must be an internal banking acronym ?

It says that it has noted you as CAT X - xxxx as a result of this investigation. Presumably that means some kind of category but the category number has been redacted. What does that all mean? There are other reductions which we don't understand which don't appear to refer to the names of individuals. Of course under the rules, they are allowed to redact to protect the privacy of individuals but otherwise, I think you are entitled to an explanation. You are certainly entitled to a next donation of any codes they use.
also see that they apparently raised an "incident" to obtain online activity report. What are these? Have you received those? – No received anything further – they have stopped responding to my letters stating the matter is closed and they will no only file my letters.
This is an extraordinary document that they've released here and it will be extremely helpful to you but we need to find out more about it.

Also, I'd be interested to know why you left such a gap in coming to the forum. You are hearing about October last year and then a gap right up until just this month. – I was seeking to take it legal following the last advice on this forum aswell as waiting on the ICO final outcome letter and also trying to reopen the complain with CIFAS. I had eventually decided to just leave it now until Oct 2022 when it expires but actually I am still so angry about it I feel I need to continue to fight this. Its still impacting me daily I have just had a credit card closed due to to this.  

 

do you want me to send the full SAR from FOS to you it makes for very good reading  they state on multiple occasions there is no way to know if i was involved but still continue to place the marker its bonkers

[BankFodder]

How many pages as the full SAR?

Also, I think we need to see the review and I think we need to understand what the various codes are and also I think we need to understand why they have redacted the category number.

When did you receive that document – the crime notes?

Also, what date did you receive the undated letter which you have posted above?

[L33noa]

SAR is like 174 pages (PDF)

 

I can ask for the review notes and see if they respond. 

 

document received 3/3/2020 it was in the SAR 

 

Strangely FOS have included more in there SAR than Tesco did so clearly they havent sent me everything still 

[BankFodder]

If you would be able to arrange the SAR documents in a single PDF – but properly ordered in the right way round et cetera – in the way that you'd like to receive them yourself. And if you could then use the bookmarking system to indicate each individual document – linked across, then it would be interesting to see them.
I think the exercise of putting this together would probably be useful for you as well.

So I understand that a year ago they offered you the £150 and it was paid directly into your account. Since then you have made no comment to them about this document or the payment

[L33noa]

thanks i will get onto this and send it across as soon as i can 

 

regards the £150 this was due to not sending the SAR i have contacted them multiple times since even direct to CEO i now get a standard letter saying your correspondence will be filed and no response sent. 

 

I am on the phone to them now asking about the other questions or redaction etc 

[BankFodder]

Why are you on the telephone now? You come to us for advice and then you start acting on your own. This has gone on long enough and frankly your lack of action and also your incorrect approach has helped to get you deeper into the mess which has been created by Tesco.

If you are on the phone now then please get off the phone. Just hang up.

If you want some kind of help from us – then you better stick with us and at least consult with us before you start going off and taking your own actions.

I'm not sure how far we can help you – but you will do a better job with us then without us and at the very least you should refer to us.

If you want to go it alone then there's no point in continuing this thread

[L33noa]

point taken and I am grateful for your help 

[BankFodder]

So you had better tell us what you have just said on the telephone

Also, you said that you have been trying to contact them about the money they sent you and they have blanked you.

Can you tell us what you have been trying to say to them – and simply list out the dates of the messages.

[L33noa]

I didnt get through to anyone. was on hold when you messaged so hung up.  I was attempting to get a new SAR without the redacted info. 

[BankFodder]

Have a look at this

 

Quote

Dear Sir/Mdm

 

Reference number XXXX – incomplete subject access request

 

I refer to the subject access request which I made to you on XXX date and after a dispute and your initial refusal you eventually complied with on XXX date.

Although this was some time ago, the subject to still live. I have delayed in getting back to you partly because the distress you have caused me in getting the initial disclosure has been substantial – but also the distress I am suffering as a result of your unfair placing of a CIFAS marker and against me has made it difficult for me to cope with these things.

However, I have now managed to start looking at things and I’m informing you that the disclosure which you made to me is incomplete.

It’s not clear to me the extent to which it is incomplete but in any event, the disclosure did contain one document – an undated review/investigation document called “Crime Notes”.

I believe that this review was carried out by a Tesco’s employee called Tony O’Donnell. Tony O’Donnell’s conclusion was that there was no basis for for placing the CIFAS marker against me as Tesco’s were unable to establish that I was complicit and aware that funds were fraudulent.
 

It goes without saying, that this was the correct conclusion.
 

However, a subsequent note on the same document says that Tony O’Donnell’s investigation and conclusion was itself reviewed by a Team Manager who made the decision that the original investigation should stand and that the CIFAS marker was correctly placed.

The team manager then emailed Tony O’Donnell to make him aware.
 

I have searched the large bundle of documents supplied as part of your statutory disclosure and it does not contain the review by the team manager and also there is no trace of the email which was sent back to Tony O’Donnell.

So at least in these respects, the SAR is incomplete. They may well be other documents missing and I am going through the disclosure bundle to see what they might be.
 

Also, you should be well aware that you have a statutory duty to provide a key or legend to explain any codes or acronyms that you use.

No such interpretive guide was contained in your SAR and so at the very least there is no explanation of what an “ACTO” is.
 

Furthermore, the crime Notes has been redacted in various places. I can fully understand that the names of various individuals have been hidden – and I have no issue with that. However, there is a reference to a CAT and a redacted number or reference being loaded as a result of the investigation. There is no explanation as to what this reduction is or why it has been made and frankly if it refers to simply a reference number or a category then I do not understand why this information should be redacted and I believe that I am entitled to it.
 

You also refer to a “Tesco credit card suspense account”. What is a “suspense account”?

Finally, you decided unilaterally – without any reference to me – to make a compensation payment of £150 for your bungled handling of my SAR request.

Although I did bank the cheque at the time, I do not consider that it was at all adequate and you should not take the fact that I received the cheque and banked it as a sign that the matter has been dealt with and is closed. Furthermore, it is very clear that your inadequate unilateral payment of £150 was intended only to reflect your bungled handling of the SAR up until that date

Not least, your incomplete disclosure is keeping the matter open and is adding to the distress I have suffered.
 

I would be grateful for your comments but I will look forward to receiving the missing documents to which I have referred and also an explanation of the codes and also an explanation of those reductions which you have made and which are not intended to protect the confidentiality of individuals within your organisation.
 

 

[L33noa]

super! I shall send it today and await there response! Thank you