Please help - Being accused of fraud

Wadsworth

Hello. I am sorry if this isn't in the correct section.

I recently applied for a job in a call centre for a bank. I was refused the job because they had taken out a credit check on me. A week later I received a letter saying that because I didn't click the link on the application saying that I had a poor credit history, they are now reporting me to CIFAS for fraud. This would stay on my file for 6 years.

I spoke to the department that sent the letter explaining that it was a genuine mistake on my behalf, they said that they "have heard it all before" and will not accept that as a good enough reason.

I am going out of my mind with worry. My credit score is in a bad way as it is (due to getting made redundant, and struggling with my bills), and this is the last thing I need. I just want to get back in employment and work my way out of the financial difficulty I am in. I am not a crook or anything.

Any advice would truly be appreciated.

fermi

Not something I am overly familiar with, but......

Unless they are prepared to back up what they say by reporting the matter to the police etc, then I would suggest that they should not be reporting anything to CIFAS? And given what you have said, I don't think they would have those grounds?

See: http://www.cifas.org.uk/CIFAS_Staff_Fraud_Database

Assuming I have the right context from that link that is. I would personally get on to CIFAS PDQ, so that you know what they can and can't do, and so can rebut the companies claim if they try anything,

Wadsworth

Thank you for your reply.

The letter states that "it is their intention to record on the fraud prevention database' I am assuming this is CIFAS?

They are going to get back to me with their final decision next week. I cannot just allow them to do this to me. This kind of thing could affect my chances of getting back into employment, let alone what other kind of damage it could cause.

ValHaller

Unless the application form was quite specific eg defining poor credit as CCJ's and IVA's or some equally clear cut criteria, then whether or not your credit is poor is a judgement call rather than a fact.

If the application form left any room for doubt as to how you should answer, this is also a Data Protection issue and by reporting you to CIFAS I believe that the Bank is in breach of the Data Protection Act in processing information unfairly. You should seek advice from the Information Commissioner's Office on how to take the complaint forward.

Find_The_Real

Not sure if this guide is of any help as it is a CIFAS guide that deals with this kind of area.

http://www.cifas.org.uk/secure/contentPORT/uploads/documents/Staff Fraud/CIPDGuide.pdf

I think the problem these days is some companies make it part of the application process online and don't necessarily make it clear the reasons for a credit check. I applied for an insurance company and I was concerned by the fact they were just asking me to tick a box to confirm I was happy for this to be done. In that past I had always had to sign and was made aware of the consequences of putting incorrect or false data when working for previous financial institutions.

Was the application and credit check agreement completed in writing or electronically Wadsworth?

Wadsworth

On the application it does ask if you have any CCJ's or bad credit. It was my mistake to click on the answer 'No'. I have filled in so many applications where you tick 'yes' or 'no', and have always answered them honestly.

On this occasion I made a mistake. After speaking to them their response was that 'they've heard it all before'.

I am worried what kind of consequence this might have on me. I have defaults on my file, but I do not have any CCJ's. All I wanted to do was hopefully get this job working in the call centre and start making efforts to get my credit rating better than it is now. I am astounded how this has turned out for me.

Wadsworth

Hi. It was an online application.

It was just a mistake that I clicked the wrong answer.

Find_The_Real wrote: »

Not sure if this guide is of any help as it is a CIFAS guide that deals with this kind of area.



I think the problem these days is some companies make it part of the application process online and don't necessarily make it clear the reasons for a credit check. I applied for an insurance company and I was concerned by the fact they were just asking me to tick a box to confirm I was happy for this to be done. In that past I had always had to sign and was made aware of the consequences of putting incorrect or false data when working for previous financial institutions.

Was the application and credit check agreement completed in writing or electronically Wadsworth?

ValHaller

Wadsworth wrote: »

On the application it does ask if you have any CCJ's or bad credit. It was my mistake to click on the answer 'No'. I have filled in so many applications where you tick 'yes' or 'no', and have always answered them honestly.

On this occasion I made a mistake. After speaking to them their response was that 'they've heard it all before'.

I am worried what kind of consequence this might have on me. I have defaults on my file, but I do not have any CCJ's. All I wanted to do was hopefully get this job working in the call centre and start making efforts to get my credit rating better than it is now. I am astounded how this has turned out for me.

If you have reported the question accurately ("CCJ's or bad credit"), then only the CCJ's are objective information with a clear and universally agreed answer. If the question was "CCJ's or ever been refused credit" and you had been refused a loan, then your answer was wrong.

But 'bad credit' is so subjective that there will be no universally agreed answer to the question for your situation.

Wadsworth

I like the way you are thinking ValHaller. I will double check everything in the application and question this if I have to.

They will get back to me with their decision next week. Hopefully they won't take this any further, but judging by the tone of his voice on the phone, I am not so sure...

*EDIT - this is the actual question asked...

Have you ever had any defaults, County Court Judgements (CCJ's) or bad credit history?

I mistakenly answered 'No'

ILW

I would suspect it is the "hunter" database they are referring to, which highlights differences in facts given at different times.

ValHaller

Wadsworth wrote: »

I mistakenly answered 'No'

So have you had defaults? (Even if you have, I still think that there are arguments to make, although they are more difficult)