Urgent help regarding CIFAS

Burneracc1735

After completing a background check for a job, I have recently been made aware of a CIFAs marker that the bank has placed against me in Sep 2017 regarding a payment going into my account. 

I called the bank about this and the guy instantly placed a complaint in for me. 2 days later, I find an email from the bank asking for feedback on how they treat customers who have been victims of fraud, I called the complaint team to discuss this as it contradicts the marker(misuse of facility). The guy on the phone says the marker was put against money made into my account (where 3k was spent and 1k put into my savings). I had no awareness of these transactions because I didn’t have access to my online banking (I even went to the branch and called prior to my account being closed to ask what was happening with my account as I couldn’t find this information out myself). I obviously told him I didn’t authorise any of these transactions and he updated my complaint.  I requested data from the bank to understand what took place and the data showed that 12k was deposited into my savings account, 3k was sent to my current account where several transactions took place, non that I recognise and even an atm withdrawal from a place I’ve never been to. All of this occurred on the same day, the bank never texted/called me to authorise these (which they should have considering these a very large payments) and I’m guessing this is why I could not access my online banking. 

I suspect a close ‘friend’ had an involvement in this as I remember them asking if they could bank card as they were having issues with their bank - which I (stupidly) gave. (I wasn’t offered any money for this, I thought I was doing a friend a favour. I did ask them if they had lost my card in 2017 but they said no they still had it)
I  have reported this issue as fraud to the bank but the guy I spoke with did not seem too confident on if this would be investigated. I also don’t think the bank would handle this properly as I have been receiving conflicting information from different team members (ie saying 1k was paid into my account when the data request showed £12k from a random company) 

What should I do? Should I get the financial ombudsman involved? I have received another job offer from another company and I’m hoping to resolve this as quickly as possible (but it has been 30 days since I’ve logged the complaint and I’ve heard nothing back from the bank).

cymruchris

To clarify your above comments - you gave your bank card to someone - and they were using your banking facilities in your name - so anything and everything they did would have no comeback on them - but every possible comeback on you - including a CIFAS marker. 

How did this friend operate the account? Were they using it for their day to day banking?

Did you have oversight as to what they were doing with the account?

How long were they doing this for?

Burneracc1735

cymruchris said:

To clarify your above comments - you gave your bank card to someone - and they were using your banking facilities in your name - so anything and everything they did would have no comeback on them - but every possible comeback on you - including a CIFAS marker. 

How did this friend operate the account? Were they using it for their day to day banking?

Did you have oversight as to what they were doing with the account?

How long were they doing this for?

I’m guessing they operated through internet banking ( I didn’t give them log in details but that doesn’t matter since they can use a card reader). I did not give them any information about my savings account but I guess once you have access to current, you can access the savings.

Not too sure but I think roughly a week before the transactions. From the data request, they sent money from their old account into mine, then for the next 3 days there were payments from me through Apple Pay (Uber etc etc). Then there were large purchases and transfers taking place all on one day

I did have online banking on my phone (didn’t check this often as this was during my freshers so I was hungover most of the time). I did not have access to this though when the transactions took place but I’m guessing that’s because the bank restricted this.

cymruchris

To be fair - if you've given someone access to your account - and they were using it as their own - and they've then ripped you off - the CIFAS marker is likely appropriate, so you'll not likely get it removed. 

There's a lot of gaps here in this story though - with them being a close friend - haven't they explained what they did and why? Have you asked them? Did you ask them what these large amounts were? Are they still a close friend? If not - what happened so that they no longer were? Did they admit any involvement in these large transactions?

If you weren't watching what was happening on your account - and they apparently didn't have access - how would either of you know what's gone in - what's gone out - and if anybody owed anyone anything?

Burneracc1735

cymruchris said:

To be fair - if you've given someone access to your account - and they were using it as their own - and they've then ripped you off - the CIFAS marker is likely appropriate, so you'll not likely get it removed. 

There's a lot of gaps here in this story though - with them being a close friend - haven't they explained what they did and why? Have you asked them? Did you ask them what these large amounts were? Are they still a close friend? If not - what happened so that they no longer were? Did they admit any involvement in these large transactions?

If you weren't watching what was happening on your account - and they apparently didn't have access - how would either of you know what's gone in - what's gone out - and if anybody owed anyone anything?

I asked them if anything took place with the account (did they try to buy something etc) they said no and that they still had my card when I asked about it. (This is back in 2017) I trusted them so this didn’t raise any suspicion to me. As for the nature of our relationship now, we arent close anymore since we’ve drifted apart. I have tried contacting them recently but not been successful - I doubt they would admit anything since I was kept in the dark for years. 

I didn’t think it would be something I would have to keep constant tab on 

cymruchris

The bank will know ‘how’ the transactions took place - and will know the technical details of the processes - how the account was accessed - whether something was done online - or by using a card - or by using a card reader etc - so they’ll have all that exact detail.

You’ve either got one issue from two sources - or two issues from one source - the likely possibility seeing this as an outsider - is that you gave your friend the permission to use your account - and they did use it - and then were possibly involved in some kind to money laundering scam - but ultimately it’s your account - and you are responsible for things that happen on your account.

I would think it unlikely that in this narrow time window of you giving them your card - and the fraud happening at about the same time is coincidence. 

So fast forward to today / you’ve got yourself a cifas marker that will last 6 years from the date of the issue.

I’d be very careful trying to blag my way out of it based on the fact you’d given your account to someone else. 

If it was genuine fraud not related to your friend - then there’s a chance they’d believe you - but if your friend was up to their necks in involvement - I think you’re not in a great position - but let’s see whether any of the other MSE members have a better insight than me. 

eskbanker

Burneracc1735 said:

I  have reported this issue as fraud to the bank but the guy I spoke with did not seem too confident on if this would be investigated

Unsurprising - if you want your bank to act on unauthorised transactions then you need to notify them within 13 months, so four years is way too late.

Burneracc1735 said:

What should I do? Should I get the financial ombudsman involved?

FOS won't be interested unless there's evidence that the bank have acted unreasonably, but there's nothing in what you've posted to suggest that they have, so the best thing to do will be to keep your head down and wait for the marker dropping off in 2023.  You're lucky that the CIFAS marker presumably hasn't stopped you banking with another bank in the mean time, as it's not unusual for all banking facilities to be withdrawn....

Burneracc1735

eskbanker said:

Burneracc1735 said:

I  have reported this issue as fraud to the bank but the guy I spoke with did not seem too confident on if this would be investigated

Unsurprising - if you want your bank to act on unauthorised transactions then you need to notify them within 13 months, so four years is way too late.

I was told on the phone that the bank has up to 6 years to investigate so that’s why I put the case in.
 eskbanker said:

Burneracc1735 said:

What should I do? Should I get the financial ombudsman involved?

FOS won't be interested unless there's evidence that the bank have acted unreasonably, but there's nothing in what you've posted to suggest that they have, so the best thing to do will be to keep your head down and wait for the marker dropping off in 2023.  You're lucky that the CIFAS marker presumably hasn't stopped you banking with another bank in the mean time, as it's not unusual for all banking facilities to be withdrawn....

I plan on working within the financial sector so this isn’t something I can ignore, it
impacts my job opportunities 

eskbanker

Burneracc1735 said: 

eskbanker said:

Burneracc1735 said:

What should I do? Should I get the financial ombudsman involved?

FOS won't be interested unless there's evidence that the bank have acted unreasonably, but there's nothing in what you've posted to suggest that they have, so the best thing to do will be to keep your head down and wait for the marker dropping off in 2023.  You're lucky that the CIFAS marker presumably hasn't stopped you banking with another bank in the mean time, as it's not unusual for all banking facilities to be withdrawn....

I plan on working within the financial sector so this isn’t something I can ignore, it
impacts my job opportunities 

Unfortunate if it impacts on your job prospects, but that doesn't mean that the marker shouldn't have been placed or that it should now be removed.

sambaird

Forget about the financial sector employment wise for 6 years. If you can’t be trusted to keep your account / card / pin secure and personal, why would any company in the sector trust you with potential access to their systems/data/customer information?

Argue with the bank, even take it to the FOS if you want - you’ll be spinning your wheels. Take it as a harsh (but ultimately fair) life lesson.

NewLeaf1986

This is a sad and infuriating situation to find yourself in, however you have been complicit in the actions that took place.

It was a breach of the terms and conditions you agreed with the bank for you to give a third party full access to your bank account without formally adding them as a joint account holder. 

This in and of itself constitutes a misuse of facility, notwithstanding the transactions which took place on the account.

On the basis alone that you gave a third party full use of your debit card and account without gaining authorisation from the bank to do so, you qualify for the CIFAS marker they left on your history.

It will lapse six years after it was recorded. 

A lesson learned.