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

[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 

[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!

[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.

[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  

[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. 

 

 

[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

 

[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 

[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 

[L33noa]

Thanks, attached particulars and Tesco response

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

[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?