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

[L33noa]

Please can anyone help me with a CIFAS complaint, i cant work out how to post my question?

 

I filed a compliant with Tesco Bank in April 2018 as I found out I had a CIFAS marker placed against me dating back to October 2016.

 

Tesco delivered a final response and referred me to the Ombudsman,

I subsequently complained to the Ombudsman who in January 2020 some 22 months later delivered a final verdict to uphold Tesco banks decision to place a CIFAS marker.

 

Whilst they upheld the decision they made it very clear that Tesco bank did not carry out a fair and clear process and did not meet the strict criteria to satisfy the recording of  information against me with CIFAS.  

 

The ombudsman also went on to say that Tesco bank did not conduct a sufficient investigation.

However as they could not establish how the transfer would have been made so they have upheld Tesco decision.

 

I want to know what my next steps are.

I have not been involved in any fraudulent activity of any kind , I never used this account since it opened in 2015 due to security concerns and online access problems which I raised.

 

The first time it was used was when deposits and withdrawals were made on my account.

[L33noa]

I requested SAR from Tesco who originally refused my request.

 

I complained further and they sent me the SAR and a cheque for £250 as an apology.

unfortunately they didn't provide me anything to do with the transfers as they said they it would be tipping off.

I sent all of this information to the Ombudsman as well.

 

I have not been able to establish who made the transactions.

only that Tesco Bank was notified by the sending bank there had been unauthorized payment from one of their customers account into mine.  which was subsequently transferred out again, an amount of £150 came in and two payments out of £125 & £25 this happened on two days running.

[L33noa]

it was an adjudicator,

I complained and apparently it was reviewed by someone else who didnt contact me, I just had another email saying he agress with original decision. he stated that ...

 

Tesco Bank ought to have done more to ascertain the true position before placing the CIFAS marker and specifically it should have contacted me in the first instance to get my side of the story.

 

he goes on to say ...however i think it is most unlikely that someone would have been able to commit these transfers without my knowledge and cooperation and I am more involved that i am prepared to say 

[L33noa]

No. Never.

I opened the account in 2015.

Had nothing but issues getting online with the account. So decided not to use it.

 

It wasn’t until 2018 when my RBS account got closed and I investigated I found out anything about this. 

it’s caused me so many issues and stress.

Can’t get a bank account.

Job turned down

. Insurances cancelled

. And no end in sight

[L33noa]

I don’t know. The only laptop I had was a work laptop which was open to staff to use when I was working onsite at events as part of my job. Again which I told the fos 

[L33noa]

hey dx just wondering if any further advice at all? help much appreciated 

[L33noa]

they have never specified it was the laptop which accessed, said it was via an iphone again not specified it was mine. provided an IP address which goes to a address different to me. 

 

the fact that they have not carried out a full investigation and the full and proper process for placing the marker should make it wrong and be removed anyway shouldnt it regardless of anything else? the rest it heresy and speculation as opposed to following a process and procedure which they didnt?

Edited January 16, 2020 by L33noa
didnt mean to submit

[L33noa]

ok thats great I will request a further SAR , I will also request a SAR from Ombudsman. 

are Tesco Bank required to issue another SAR if they have already issued one?  again the first one didnt provide anything around IP address etc that came from Ombudsman so clearly they didnt provide everything

 

I also note that the week after the on goings within my account there was a major  security breech at Tesco : as below: which doesn't fill me with great confidence around what has happened to me:

 

Over the course of the weekend (5 – 6 November 2016) it was reported that approximately 20,000 customers of Tesco Bank (the banking arm of the supermarket giant) saw their money vanish from their current accounts.

 

A further 20,000 customers reported instances of suspicious activity.

The total amount stolen has not yet been revealed but some customers have cited losses of up to £2,400 each.

 

To date, Tesco Bank has confirmed that it has refunded around 9,000 customers up to £2.5m following the breach.

[L33noa]

Ok Tesco have replied to say the original SAR issued is the full and final one that they hold with all the data. they apologized the original one didn't have telephone calls and have compensated me £50 for this, these will arrive in 30 days.

 

So what am i looking for in the SAR now? what do i need to do next?

Thanks 

[L33noa]

@dx100uk i was wondering if i can obtain some further support around this please. Many thanks you mentioned  cifas expert

 

Many thanks as always 

Lee

[L33noa]

@fkofilee Many thanks for the reply and thank you so much for assisting.

Completely appreciate you have a full time job and of course that comes first so no rush at all.

 

The bank this happened to was Tesco bank (opened Feb 2015),

I never used he account as I had constant problems with accessing it right from day 1.

decided to stick with my main bank (RBS).

 

The account was left open and I didn’t know anything about Tesco placing the CIFAS (in Oct 2016) until RBS unexpectedly closed all my accounts in Jan 2019 leaving me with no banking facilities and unable to get a high street bank or basic bank.

I am now using an internet bank as that’s all I am able to get.

Thanks again

[L33noa]

Monzo 

[L33noa]

Morning,

Apologies I have only just picked up your messages, I’ve been tied up all weekend with my family. Ive answered below, please let me know anything I need to do. Many Thanks

 

First off - We need to raise a further request to Tesco to verify how this transfer was made. What information was there. What number's existed on the account? Can Tesco check the information held on their system? App info on a device wont just be IP Address - A lot more sensitive information is supplied to Tesco about the UAD (User Agent Device) 

It is possible that in the weeks up to the Security Incident that some accounts were compromised to test the sensitivity of Tescos AML Systems etc? I believe so...

 

Can I request this? If so how? Tesco seem to be ignoring me and say they have exhausted there complaint procedure.

 

Also - If a new payee was setup - What verification methods were used to approve the setup of a new payee? 

 

They have said it was accessed via a mobile phone. They also said a confirmation text would have been sent, but haven’t been able to send me copies of this

This may need to go legal to get Tesco to back down. The reason for CIFAS is legislation. Its easily challenged in court  if Tesco have confirmed they didnt do a good enough investigation. Either that or Media might be interested in this case. 

 

However we need 100% certainty that you had no involvement in the APPF (Authorised Push Payment Fraud) - If that truly is the case then this may be a slog but hopefully we can get this sorted. 

 

Have you formally accepted and Ombudsman response in relation to the case? (Not an adjudicator)...

I have not accepted the decision and raised a complaint about the length of time its taken them to investigate , to which they have replied saying they disagree. 2 years for me is not acceptable.  

Have you complained to CIFAS directly yet?

Complained who directed me to Ombudsman as they said Tesco had grounds to place marker. Haven’t complained since to them

[L33noa]

ok many thanks I shall contact Tesco today and inform them what i require, none of the above mentioned information has been supplied in the SAR. 

they have said the texts are not kept and cannot provide copies of what they were.

 

I will update you asap. do i need to ask for anything else in particular 

[L33noa]

yes of course, is it easier to email these over? or upload them here?

[L33noa]

CA TB LET1.pdf

 

I've uploaded outcome letter 

Many thanks 

[L33noa]

adjudicator.... i then raised complaint and an ombudsman upheld the original decision by the adjudicator  

 

may I add by not once contacting me further. 

 

sorry just seen your other question

the account was never used so no other previous transactions , no. 

[L33noa]

Yes i have only ever had an iphone. still have one. no i do not know who that person is

[L33noa]

I honestly cannot remember, I imagine i did. 

[L33noa]

I have managed to google how you trace download history on an App Store and i downloaded Tesco Bank on 23rd Feb 2016, it doesn't show if you used it and on what dates though 

 

Did anyone ever contact you saying they could get you some free money?

this never happened no,

but we were  (me and wife) selling a car around the time August 2016 and had someone interested who said they would buy ,

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.

 

I informed the FOS of this, he dismissed it as not relevant 

 

 

 

[L33noa]

My wife did yes,

it was August 2016

[L33noa]

what do i need to do next? 

 

[L33noa]

I know , thankyou ! its scandalous really. and they have already paid me £200 in compensation due to SAR!

the email trail is attached.

Thanks  

[L33noa]

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

[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