Capital One placed a CIFAS in my credit file

fawinds

Hi, though this is my first post, I am a regular reader of this forum and would like to thank all active members for the load of tips and good advice they give here.

Now this is my first question.

Back in December 2008 I applied for a Capital One credit card and got declined. No problem. But a few months later I obtained a copy of my credit file and there was a CIFAS marker in my name placed by Capital One. It is a class 2 CIFAS I believe.

I wrote to them and asked why it was placed in the first place, and then, how could I have it removed.

They replied they believed someone tried to impersonate me and apply for a credit card. I said it was me, so everything was okay and they could remove the CIFAS marker. I even sent them without been asked photocopies of my driving licence, bank statements, HMRC correspondence, etc.

But they asked me for proof of identity, as they said photocopies are not acceptable. They wanted to see originals but did not mention what originals they wanted.

However, since they sent me a CIFAS information sheet with a list of documents accepted by CIFAS for a SAR, I sent Capital One original documents as stated in the CIFAS leaflet: two recent bank statements from Natwest and Halifax, a National Insurance contributions statement and an HMRC self asessment statement. I also inculed, again, a photocopy of my driving licence.

Now I have received their response saying I have not sent originals and that photocopies are not valid, therefore they are not removing the CIFAS marker. They want to see my original driving licence or passport.

To be honest I am fed up with these people and I do not want to send an original passport or driving licence to them. Any high street bank will open me an account or issue a credit card with the originals I have already sent Capital One. CIFAS itself will take all those documents for good.

Now I would like to place a complaint to CIFAS for this absurd behaviour from one of its members. I would also like to place a complaint to the Financial Ombudsman or the Information Commissioner.

I have been declined quite a few financial products during the last few months and believe this has something to do with this CIFAS marker.

Please, share your views on this issue with me. I will be glad to take any advice you want to give. What should I do next?

Thank you.

Francis

never-in-doubt

A cifas maker can only be removed by the lender that placed it and also, as Cap1 issued it they have to remove it. If you've sent suffice I.D they do not need to see an original, to combat this you go to the PO and ask them to verify it for you and they will sign it (usually free)...... this then becomes a certified copy which is the same as the real thing.

Cap1 done the same to me, after a legal threat they removed it quickly enough though... its lebel and you need to make them aware of that little fact.

CIFAS category 2 is: Victim of Impersonation — Use, by another person, of this name and/or address.

See here: https://www.econsumer.equifax.co.uk/consumer/uk/sitepage.ehtml?forward=gb_cps_cifas

Full list:

CIFAS Categories Explained
0Protective Registration — Recorded at the request of the person named.
1False Identity Fraud — Use of a false name with an address.
2Victim of Impersonation — Use, by another person, of this name and/or address.
3Application Fraud (Facility Granted) — Use of name reasonably believed to be genuine, but with one or more material falsehoods in personal details or other relevant information — the facility was granted.
4Application Fraud (Facility Refused) — Use of a name reasonably believed to be genuine, but with one or more material falsehoods in personal details or other relevant information — the facility was refused.
5Conversion — Conversion (disposal or sale) of goods (to which the hirer/buyer does not have title) under a hire purchase, conditional sale, contract hire, leasing or rental agreement.
6First Party Fraud — Opening an account or other facility for a fraudulent purpose, or the fraudulent misuse of an account or facility.
7Aiding & Abetting — Aiding, abetting or assisting, or conspiring with, another or others to fraudulently procure credit, or other facilities, or hire products or services.
8Insurance Claims Fraud — The making of a claim(s) under one or more insurance policy (ies) with one or more material falsehoods or by presenting a false or forged document.

ILW

It should not affect your creditworthness as such.
You may just be asked to prove your ID if you do apply for loans etc.

never-in-doubt

ILW wrote: »

It should not affect your creditworthness as such.
You may just be asked to prove your ID if you do apply for loans etc.

Not true, only cat 0 is exempt from this as it is at the request of the data subject. Therefore all other categories will have a derogatory effect except Category 0 (PR) :beer:

savagej

I read somewhere that if it is not in your name, even if it is at your address it should be completely disregarded.

I take it that is not the case.

I live in a block of flats and there are plenty registered to different flats in the building, it is interesting as when Experain send me my file I see what my neighbours have been up to but when Equifax and Callcredit send it, because there is not one registered against my flat no CIFAS markers appear.

fawinds

never-in-doubt wrote: »

A cifas maker can only be removed by the lender that placed it and also, as Cap1 issued it they have to remove it. If you've sent suffice I.D they do not need to see an original, to combat this you go to the PO and ask them to verify it for you and they will sign it (usually free)...... this then becomes a certified copy which is the same as the real thing.

Cap1 done the same to me, after a legal threat they removed it quickly enough though... its lebel and you need to make them aware of that little fact.

Thank you for your reply, never-in-doubt. I was aware I can go to the Post Office for a certified copy of passport or driving licence. However they do not do it for free, there is a £6.85 fee.

The issue is here I have already sent them more documents than I need to open a bank account, apply for a credit card or request a copy of my credit file or even SAR CIFAS.

They are absolutely unhelpful. I never expected they could act like this.

So either I send the original driving licence or passport as they want or I threat them with legal action both for lebel and for financial damage.

fawinds

ILW wrote: »

It should not affect your creditworthness as such.
You may just be asked to prove your ID if you do apply for loans etc.

That is the theory, but the fact is it does affect lenders decisions. Most of them will not take the risk or the trouble.

never-in-doubt

fawinds wrote: »

Thank you for your reply, never-in-doubt. I was aware I can go to the Post Office for a certified copy of passport or driving licence. However they do not do it for free, there is a £6.85 fee.

The issue is here I have already sent them more documents than I need to open a bank account, apply for a credit card or request a copy of my credit file or even SAR CIFAS.

They are absolutely unhelpful. I never expected they could act like this.

So either I send the original driving licence or passport as they want or I threat them with legal action both for lebel and for financial damage.

Hiya,

I'm having a similar issue in that Call Credit refuse to send my SAR without a signature. I have refused (out of principle because there is nothing that allows them rights to ask for this) and am taking them to court - again, out of principle.

Point i'm making is that although it is wrong, it is a catch 22 in that unless you serve court papers they can and will bully you around.

I'd be sending i na firmer letter confirming that you'll be seeking legal advice unless they sort this matter within the next 7 days. I would then photocopy 3 copies of the passport and take to the PO who will do it for you (they will do 3 for the same fee) but when you queue they usually just do it for free (well mine always do),...... make sure you get a few copies after you've had it certified as well as they can be used time and time again that way (within 6months)

They simply cannot demd this proof from you, ring the ICO and FOS for their advice but they are messing you around and being libellous at the same time so a good threat could work.

I'd be looking to threaten CIFAS to the ICO as well, kick them into gear as they can enforce the lender to remove the cifas. :beer:

never-in-doubt

fawinds wrote: »

That is the theory, but the fact is it does affect lenders decisions. Most of them will not take the risk or the trouble.

Spot on. The fact of the matter is that only category 0 cannot affect you, all others can and do! People would be best served finding these facts out before confusing matters

ILW

never-in-doubt wrote: »

Not true, only cat 0 is exempt from this as it is at the request of the data subject. Therefore all other categories will have a derogatory effect except Category 0 (PR) :beer:

I got some cat2s when I moved a couple of years ago. (fraudulent CC applications from my previous address). Gave it a few months and then applied for a card for 0% and phone and got them OK. The card people did call me to confirm a few things and I had to answer a few extra questions at the phone shop. Just my experience though.

never-in-doubt

ILW wrote: »

I got some cat2s when I moved a couple of years ago. (fraudulent CC applications from my previous address). Gave it a few months and then applied for a card for 0% and phone and got them OK. The card people did call me to confirm a few things and I had to answer a few extra questions at the phone shop. Just my experience though.

Ahhh, see that makes sense now. I'm not calling you a liar (lol) but now it makes sense. Cat 2 & 3 for that matter are bizzare in themselves in that after 6months they tend to be 'forgotten' - whereas the cat 4's and above stay for 12/13 months usually. Remember cat 2 is specific to N Hunter a lot of the time as well, so you could get a cat2 but N Hunter could be blank in which case the cat 2 would have zero effect (as sounds in your case)

So for instance, say I had a cat2, applied to HBOS who declined me for a CC but then tried again in say 6 months time, i'd probably get one.

You have to realise a lot of cat 2 & cat 4 (believe it or not) are not that serious if proven that you are indeed the applicant and fraud is not a factor...... So if you had a cat4 even, then its easy to get removed by sending ID to the lender, i've had loads of cifas due to the incorrect link on my credit file and after a swift sharp threat, they seem to come off fast enough..... :beer: