CIFAS Warning

scottere

I was most surprised recently to be rejected for a bank account for a business I'm starting. I got hold of my credit report, and found a CIFAS warning placed against me, by a company I had a secured loan with.

The warning was something like "Fraudulent Identity, Facility Granted".

I requested all information held on me by the company, but that contained no information relating to this.

I have asked the company to remove the warning, but they have stated that they will not do so as I "have supplied no evidence to question the accuracy of what we confirmed to be false during our investigation".

The problem I've got is that I've no idea what they "confirmed to be false", or how they confirmed it to be false. This makes it pretty hard to provide evidence to question the accuracy of it!

I've pointed out to them that the facility was granted, no payments were ever missed, and that it has now been fully repaid, including a steep early repayment charge (I was moving house so had to clear it). In addition, I've pointed out that I have no criminal record, and have at no point been contacted by the police or any authority regarding this matter.

Does anyone know how long the warning will remain in place if I cannot force them to remove it? Does anyone have any tips about how I can get them to remove it? The CIFAS website states that if they send me a final decision letter, I can have CIFAS review the case. Does anyone have any experience of doing this?

In the meantime, I cannot get a bank account opened for my business, which makes things fairly complicated.

jonesMUFCforever

Why not use your existing bank?

newfoundglory

I would skip the CIFAS review process and try to force this company and the credit reference agencies to comply under the data protection act.

If you requested all the information the company held about you - perhaps you did this under the Data Protection Act 1998 - this should also contain all the details you supplied on your application form. Under this they must also provide you with the information which they believe to be wrong. If they cannot, or will not provide this, you should complain right away to the Information Commissioner (http://www.ico.gov.uk). They may be able to force them to hand the data over to you, or correct anything wrong this loan company holds about you.

If you can't find anything wrong or incorrect with the data they have provided you with, then you should have the CIFAS warning removed - also under the Data Protection Act. You should write to the credit reference agencies concerned to get this done.

Under principle 3 of the data protection act (says data which can identify an individual must be adequate, relevant and not excessive) and principle 4 (the data must be accurate and up-to-date), you should ask them to comply and correct the data they hold about you. Again, if they fail to comply company to Information Commissioner.

Astaroth

There are exceptions to the DPA and I believe (though may be wrong) that files relating to fraud would be excluded - if they werent then a fraudster could simply as for their file, see they are being investigated and then skarper.

Have they clarified which category (its a number) of fraud it has been loaded under? If you are a suspected victim of identity fraud there is a cifas loading for that as well as the perpitraiter but it wouldnt be the first time that someone has mixed up the two numbers/ codes

James

Sorry to learn of you misfortune - I'd say to anyone if you don't want this to happen to you. If you want to hold the lender or facilitaor to account when things go wrong rather than vice versa then try this:

Keeping Your Identity Safe.