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Cifas Category 6 Fisrt Party Fraud

rachelanne
rachelanne Posts: 6 Forumite
edited 24 February 2011 at 2:07PM in Budgeting & bank accounts
Plesase help me!!!!!!

I paid a cheque into my bank account at Lloyds which was fraudulent, and now I have a Category 6 First party fraud against my name. I am going throught Lloyds complaints department about this matter but not really getting anywhere. I can not get a bank account anywhere now :mad:
Lloyds have told me it will stay on my credit file of 6 years, which I think is crazy... Can anyone suggest how I can get it removed, as I have looked on Cifas website and it say's the member who added it needs to remove it, ie: lloyds...which I dont think they will.
Thank you
«13

Comments

  • You failed to mention (on purpose?) whether you were party to that fraud or it’s victim.
    Obviously the bank thinks you were in cahoots with the fraudster.

    Maybe you can give a few more details of what happened.
  • chambta
    chambta Posts: 2,770 Forumite
    Part of the Furniture Combo Breaker
    You failed to mention (on purpose?) whether you were party to that fraud or it’s victim.
    Obviously the bank thinks you were in cahoots with the fraudster.

    Maybe you can give a few more details of what happened.

    Rather important point.

    It you were the innocent victim (as I'd imagine given your posting) then you can challenge it via Lloyds internal complaints process and then ultimately with the FoS it's not resolved satisfactorily.
  • I was sent the cheque from a company, which it turns out the cheque was stolen, the bank thinks the company were trying to use me in a fraudulent way. I was not involved ,I'm a honest person. I have been to the police to see if the bank have informed them of this matter but Lloyds have not contacted the police. Surely if Fraud is a big thing then I can’t understand why they don’t inform the police!!!!
    I called the FOS but they are not sure if they can help.
    Let me know if you need any more information.
    Thank you
  • Tixy
    Tixy Posts: 31,455 Forumite
    How much was the cheque for?
    Why was the company paying you this money? can your prove a legitimate reason for them paying you the money (a proper paper trail). Are you in anyway connected with the company or its directors or shareholders?

    Assuming you can prove all this I would write to lloyds setting out all the circumstances and explaining the reason for the payment to you and formally complain and request the marker is removed.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • savagej
    savagej Posts: 1,158 Forumite
    As I understand it, they should only put a CIFAS marker of any number against your name if they have what they deem as enough evidence to take the matter in front of a court and you stand a good chance of prosecution. I am sure it states that on CIFAS' website somewhere. I would challenge the bank, report it to the Police, and if necessary sue the bank (and the credit reference agencies) for defamation if you are innocent. The bank is not the Police, or the Crown Prosecutor, or a Judge but if they are acting as if they are I would take this as far as necessary to get the marker removed.

    I would also immediately serve on all of them what I think is called a section 10. Data Protection Act 1998 notice, this will give them 28 days and after that if they have not complied you can sue them under that Act too.
  • No I'm not connected to the company it was a company called Sun Solutions which do Mystery Shopping or thats what they say.
    I have emails from the company which I took to Lloyds. I informed the complaints department (as I have written two letters to the complaints department) that I have evidence that I'm not envoled, they said they spoke to there Fraud team and it would be up to the Bank Manager if they would re-open my account, but it still had go to through a higher department which they said no.
    If they still wont open an account for me then I have no chance of them removing the Cifas.
    I have been to the police and got a case number which I gave to the bank but they didnt seem interested, they wont help me one bit!!!!
    savagej I will check that out
  • rb10
    rb10 Posts: 6,334 Forumite
    So when you received this cheque, what were your thoughts on it?

    Is there any legitimate reason why this company might be sending you a cheque in the post?

    If you can provide any form of evidence - be that letter, email, or otherwise - that you could have reasonably expected that this was a genuine payment that was for you, then you should have a strong case in your complaint.
  • Tixy
    Tixy Posts: 31,455 Forumite
    edited 24 February 2011 at 3:54PM
    Have you undertaken some mystery shopping assignments for them? is that what they were paying you for? presumably that would be easy to prove/ provide a trail of.

    Usually these type of companies give out assignments by email which presumably you could use to prove you were asked to do work and completed it.

    Have they ever paid you before for previous work? have they always paid you by cheque?

    How much did they pay you?

    Did they pay you more than you were expecting? and if so did they then ask you to repay to them any of the amount they paid you?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • The company said they would send a cheque in the post then send me a payment package for the Mystey shopping. Looking back now I should of realised it was not right and I did think the cheque would probably bounce anyway..Regardless of that I have 3 emails from the company saying they are going to send me a cheque for x amount and then the payment package so I can prove to the bank its nothing to do with me and I'm not a fraudster (which they have made me feel) I have been very honest with the bank and they have time and time again given me wrong information..they said the matter would just stay on Lloyds file, clearly thats not correct as I have the Cifas marker.
  • GEEGEE8
    GEEGEE8 Posts: 2,440 Forumite
    How much was the cheque for?
    9/70lbs to lose :)
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