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

[BankFodder]

Check it carefully. Make sure it's all correct and you are happy to sign it – let us know if there's anything you want to add.

Also, check it carefully for typos/spelling errors because all of this stuff is written using dictation software and it doesn't always get it right.

If there's anything you don't understand in the letter then ask now – before you send it off and it's too late.

[unclebulgaria67]

Have not read all information on this thread, but I would raise the question as to why any Bank would be prevented from adding a CIFAS record ?

 

Surely if the Bank were not happy with transactions on the account they would have a legal requirement to do so ? 

 

And the Bank would have a legal obligation to not disclose any investigations such as fraud or money laundering  The transaction issue may relate to payments you have made for example to a third party.  The Bank would not be able to disclose this to you.

 

Has this been considered as relevant to this case ?

 

 

[L33noa]

I will copy it over into word now and double check, it makes sense and I am happy with the content

[BankFodder]

I think the important issues here are the fact that the investigation has not been carried out properly. They haven't followed their own policies of referring to the customer for explanations before making a decision. The FOS has considered that they have not used proper procedures. The ICO also considers that they have not used proper procedures – and at first instance, their own review has considered that they didn't have sufficient evidence to substantiate the CIFAS marker.

The CIFAS marker was only placed after an anonymous manager overruled the investigation result and required that the CIFAS marker be replaced in any event.

Although there are legal requirements, I wonder if they are statute based and I wonder whether they are overridden by the banks' duty to treat customers fairly.

Frankly the fact that there has been an instruction by a manager to override the results of an investigation – smacks to me as a kind of cover-up where the bank was embarrassed to resile from their initial position.

Definitely much more needs to be known about it.

 

It also seems to me a matter of fairness that if the bank is so convinced that they are dealing with the proceeds of crime, then they have a duty to report the matter to the police and obtain a crime number. In fact this never happens and I consider that that is unfair treatment as well.

A CIFAS marker can have a devastating effect on anybody's life and so it seems to me to be a principle of natural justice that the police should be informed so that an independent and thorough investigation can be carried out and that the recipient of the CIFAS marker has an opportunity to be heard – and frankly, to see the evidence against them.

We are talking about crimes here

[AndyOrch]

Quote

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

 

A suspense account is a catch-all section of a general ledger used by companies to record ambiguous entries that require clarification. Suspense accounts are routinely cleared out once the nature of the suspended amounts are resolved, and are subsequently shuffled to their correctly designated accounts

[BankFodder]

Thanks – but we may as well ask them anyway

[fkofilee]

FWIW - This might be useful. 

 

https://www.brettwilson.co.uk/blog/frozen-bank-account-and-no-explanation-suspicious-activity-reports-and-the-high-street-bank-customer/

Very similar to your issue but reason will be different. 

[L33noa]

Thanks makes for an interesting read. no response by Tesco as yet. I will update as soon as I hear. 

Many Thanks 

[BankFodder]

Well I don't think you should wait too much longer.

When was the original return date of the SAR?

[L33noa]

do they not have 1 calendar month to get the SAR to me?  I sent your letter on 16th March 

[BankFodder]

Yes but wasn't 16 March letter a response to an original SAR which you sent?

[L33noa]

Hi 

See attached reply from Tesco 

Final letter.doc

[BankFodder]

I think the only thing left for you to do is to sue them in the small claims court for unfair treatment under BCOBS. It is difficult to know what the outcome of this would be. They have admitted already not having used their correct procedures – so that is clearly unfair. However, I think that what you would really be aiming for would be a decision by the court which included an opinion that their failure to produce the review which effectively recommended that the marker was not placed against you – was unfair.

It will be interesting to get that person – the person who reviewed and recommended against the marker – to provide a statement to the court explaining why he took that view.

Of course if you brought an action then it is quite possible that the bank would simply offer you the money that you are claiming in order to bring an end to the action. This would not affect the CIFAS marker – and you would have to decline the payment and continue the litigation.
The problem with declining an offer which has been made which matches your claim is that you risk the court making an order for costs against you on the basis that you could have saved everybody time and trouble by accepting their money offer.
However, the court does have a discretion not to order costs where they consider that there have been exceptional circumstances which mean that it is reasonable for you to reject the offer and to continue your action.
You would have to persuade the court that the money you are suing for was not the principal reason – but the most important thing was to get a court judgement which basically said that the way that the CIFAS marker had been applied was unfair and to suggest that maybe it should be removed – particularly because they were unable to provide evidence of the review which recommended that the marker should not be applied.

We can help you with an action like this – but you are getting into risky territory.

 

Did they actually offer your payment in compensation for failing to observe the procedures?

[BankFodder]

Have you ever reported this to the police?

[L33noa]

Id like to continue to small claims route and keep going - no they have never offered compensation for failing to observe the procedures?

 

 

I never reported it to the Police but I did register it with Action Fraud 

 

[BankFodder]

That's okay – and we will help you. However I think you need to have a look at the BCOBS rules and understand them and also appreciate that the bank are likely to rise up and muster all possible resources to defeat you.

For the bank to have a judgement involving BCOBS against them would be quite serious for them even if it is only for a very small amount of money.

Also, you need to be aware that if the court refused to exercise its discretion and to make a costs order against you that it could be quite substantial.

The basis for you refusing an offer from the bank would be that the larger issue of the CIFAS marker against you and the effect it has had on your life and the fact that it is continuing means that it is reasonable for you to continue your litigation.
It will be up to the judge whether they want to have some sympathy with that view. I think that it is a very reasonable view – given that we are talking about a breach of statutory duty and they have effectively admitted that they have treated you unfairly and therefore they are in breach.
However you can be certain that you will receive lots of intimidating correspondence from the bank if they realise that you are going to reject their offer. Of course I am assuming that they are going to make you an offer – but I can't imagine that they won't because they will consider the amount of money that you are claiming is so irrelevant compared to the reputational damage they would suffer if the judgement went against them, that they would be prepared to go to great lengths to persuade you to withdraw the case.

Of course another possibility – although probably remote – is that they might agree to review their CIFAS decision once again – but without admitting any wrong so that they simply correct the record rather than erase it and also you would agree not to demand any compensation for the injustice that you have suffered so far.
This could be a working compromise if you are happy to accept that. It would mean that your credit file would be corrected and you could open a bank account and get insurance et cetera although the record will still be against you for the amount of time that the CIFAS had been on your file.

Of course this is all speculation.

But you need to make sure that you are familiar with BCOBS and that you are prepared for the stress of bringing the County Court action against a furious defendant

[BankFodder]

I think you need to make a crime report to the police and get a crime reference number.

[L33noa]

Happy and ready to continue and take any intimidating correspondence that comes my way.

 

I will go through the BCOBS and get my head around this as quickly as I can. 

 

I have a reference number from Action fraud who last updated on 2nd April 2021 - We have reviewed your case and have not been able to identify a viable line of enquiry. If you have further information with respect to your crime and have not yet provided it please update your report.

 

Is it worth sending a letter to Tesco now with our intention to proceed under unfair treatment under BCOBS or now procced straight to submitting claim in small courts?

[BankFodder]

Do your reading and understand BCOBS and the steps involved in taking a small claim in the county court first.

 

Then you can start sending letters.

 

Slow and steady.  You can send a letter of claim next Monday if you feel ready

[L33noa]

I will do , thanks, one quick question as I've just looked do we lodge the county claim in the English or Scottish court? as Tesco Finance head office is based in Edinburgh? does this complicate things?

 

Thanks again 

[BankFodder]

where did you take out your account?

[L33noa]

it was online but I live in England, its only when you go through the claim it asks ; 

Does the person or organisation you’re claiming against have a postal address in England or Wales?

[BankFodder]

I know that they have a London address. Find the London address

[BankFodder]

They have an office in Newcastle as well

[L33noa]

ok thats good. thanks. i will get reading the BCOBS stuff and drop a message back here end of the week if thats ok then