Cifas marker from tenant referencing

Borkshire

Hi all,

I have a question about a Cifas marker I have been made aware of, its validity, and my recourse options.

Last year my lease was up and I had to search for a new place. This is in London so the options are not always the best and the process not the smoothest with availability etc. I found a place I would have liked to share with my roommate, we made an application, went to tenant referencing, he passed I didn't, I enquired why and the letting agent just said the referencing company couldn't confirm my address and they decided not to go ahead with our application and we moved on and found another place, again tenant referencing, both passed, moved in, all fine.

In December my main current account bank with who I've been with longest (10 years) wrote they would be closing my account on new years, no explanation why.

I looked on my credit report and nothing, I started researching online and found this could happen because of a Cifas mark. 

I enquired with Cifas with a DSAR and found that I had a Cifas mark against me.

The Cifas mark is "False application - facility refused. Applying for an account, insurance policy, or other facility with one or more material falsehoods in the information provided.".

The Product relating to the application, proposal, account or facility is "Tenant Referencing".

The documents they supplied in the filing claimed to be fraudulent is my bank statement and wageslip.

From what I understood the insurance group that trades as the tenant referencing company that was used during that property that I didn't pass is the one who filed it.

I sent an enquiry to this insurance group asking about this marker, they responded that they are satisfied with the Cifas marker and that the documents "went through our internal checks, and these did not meet our criteria".

First of all I'm incredibly annoyed. I've researched about this Cifas marker, it stays for 6 years and is essentially a black mark as bankruptcy if not worse. It already cost me my longest held current account.

The statements provided are not fraudulent, and I'm even more annoyed because this reference check was incredibly intrusive as they called my employer 3 times with 3 different people each time! and requested 6 months of bank statements! Them failing me cost us part of our holding deposit and another headache in finding another apartment.

So I would like to ask, for one, do they even have a basis to file a Cifas for tenant referencing, is tenant referencing even a facility? As far as loans and credit and other such financial facilities there are professionals checking and stringent checks, I've rented a lot and have never found these tenant referencing companies to be anywhere near as professional as for those services above despite them requiring just as if not more intrusive information. I also don't understand the facility part because they themselves state that at the end the decision lies with the landlord/letting agent... what exactly is the facility I applied for then? so they can stick a green/red badge on me depending entirely on their own opinion in a report to the letting agent????

If they do have a basis for this, what can I do to challenge this? Does this need to go to court? I know my next step is asking Cifas itself to review directly but I somehow doubt they will remove it given this is a huge insurance group in their club that has decided that my documents are fraudulent and that's that.

I'm honestly astounded that a failed tenant referencing check can screw me over this bad especially when nowhere in this process did I have any recourse, they never contacted me about any queries they may have had with my documents throughout the referencing, If they had asked I would have let them do open banking even, but no, someone just decided that they are fraudulent and that's it? 6 years fraud black mark? Seems very trigger happy.

Sorry for rambling.

molerat

https://www.cifas.org.uk/contact-us/i-want-to-make-a-complaint

penners324

Make a formal complaint to the reference agency. If that is rejected then complain to the FOS or ICO

DullGreyGuy

penners324 said:

Make a formal complaint to the reference agency. If that is rejected then complain to the FOS or ICO

It is probably not in the scope of the Financial Ombudsman as the OP is not the customer of the insurer. Same as if you make a third party claim against someone else's insurance you cannot go to the FOS if you dont like their valuation etc.

GreenClementine

Borkshire said:

Hi all,

I have a question about a Cifas marker I have been made aware of, its validity, and my recourse options.

Last year my lease was up and I had to search for a new place. This is in London so the options are not always the best and the process not the smoothest with availability etc. I found a place I would have liked to share with my roommate, we made an application, went to tenant referencing, he passed I didn't, I enquired why and the letting agent just said the referencing company couldn't confirm my address and they decided not to go ahead with our application and we moved on and found another place, again tenant referencing, both passed, moved in, all fine.

In December my main current account bank with who I've been with longest (10 years) wrote they would be closing my account on new years, no explanation why.

I looked on my credit report and nothing, I started researching online and found this could happen because of a Cifas mark. 

I enquired with Cifas with a DSAR and found that I had a Cifas mark against me.

The Cifas mark is "False application - facility refused. Applying for an account, insurance policy, or other facility with one or more material falsehoods in the information provided.".

The Product relating to the application, proposal, account or facility is "Tenant Referencing".

The documents they supplied in the filing claimed to be fraudulent is my bank statement and wageslip.

From what I understood the insurance group that trades as the tenant referencing company that was used during that property that I didn't pass is the one who filed it.

I sent an enquiry to this insurance group asking about this marker, they responded that they are satisfied with the Cifas marker and that the documents "went through our internal checks, and these did not meet our criteria".

First of all I'm incredibly annoyed. I've researched about this Cifas marker, it stays for 6 years and is essentially a black mark as bankruptcy if not worse. It already cost me my longest held current account.

The statements provided are not fraudulent, and I'm even more annoyed because this reference check was incredibly intrusive as they called my employer 3 times with 3 different people each time! and requested 6 months of bank statements! Them failing me cost us part of our holding deposit and another headache in finding another apartment.

So I would like to ask, for one, do they even have a basis to file a Cifas for tenant referencing, is tenant referencing even a facility? As far as loans and credit and other such financial facilities there are professionals checking and stringent checks, I've rented a lot and have never found these tenant referencing companies to be anywhere near as professional as for those services above despite them requiring just as if not more intrusive information. I also don't understand the facility part because they themselves state that at the end the decision lies with the landlord/letting agent... what exactly is the facility I applied for then? so they can stick a green/red badge on me depending entirely on their own opinion in a report to the letting agent????

If they do have a basis for this, what can I do to challenge this? Does this need to go to court? I know my next step is asking Cifas itself to review directly but I somehow doubt they will remove it given this is a huge insurance group in their club that has decided that my documents are fraudulent and that's that.

I'm honestly astounded that a failed tenant referencing check can screw me over this bad especially when nowhere in this process did I have any recourse, they never contacted me about any queries they may have had with my documents throughout the referencing, If they had asked I would have let them do open banking even, but no, someone just decided that they are fraudulent and that's it? 6 years fraud black mark? Seems very trigger happy.

Sorry for rambling.

Was it Homelet?

If so I had a horrifying experience with them as well.  Please give me an update on how you are getting on.

Grizebeck

Consider an injunction to force the company to remove this

Borkshire

Grizebeck said:

Consider an injunction to force the company to remove this

I'm slightly confused, isn't an injunction related to domestic abuse? I've never done anything legal, so I'm unsure where to start but the Gov.uk site is giving me information regarding domestic abuse victims applying for injunction.

Borkshire

GreenClementine said:

Borkshire said:

Hi all,

I have a question about a Cifas marker I have been made aware of, its validity, and my recourse options.

Last year my lease was up and I had to search for a new place. This is in London so the options are not always the best and the process not the smoothest with availability etc. I found a place I would have liked to share with my roommate, we made an application, went to tenant referencing, he passed I didn't, I enquired why and the letting agent just said the referencing company couldn't confirm my address and they decided not to go ahead with our application and we moved on and found another place, again tenant referencing, both passed, moved in, all fine.

In December my main current account bank with who I've been with longest (10 years) wrote they would be closing my account on new years, no explanation why.

I looked on my credit report and nothing, I started researching online and found this could happen because of a Cifas mark. 

I enquired with Cifas with a DSAR and found that I had a Cifas mark against me.

The Cifas mark is "False application - facility refused. Applying for an account, insurance policy, or other facility with one or more material falsehoods in the information provided.".

The Product relating to the application, proposal, account or facility is "Tenant Referencing".

The documents they supplied in the filing claimed to be fraudulent is my bank statement and wageslip.

From what I understood the insurance group that trades as the tenant referencing company that was used during that property that I didn't pass is the one who filed it.

I sent an enquiry to this insurance group asking about this marker, they responded that they are satisfied with the Cifas marker and that the documents "went through our internal checks, and these did not meet our criteria".

First of all I'm incredibly annoyed. I've researched about this Cifas marker, it stays for 6 years and is essentially a black mark as bankruptcy if not worse. It already cost me my longest held current account.

The statements provided are not fraudulent, and I'm even more annoyed because this reference check was incredibly intrusive as they called my employer 3 times with 3 different people each time! and requested 6 months of bank statements! Them failing me cost us part of our holding deposit and another headache in finding another apartment.

So I would like to ask, for one, do they even have a basis to file a Cifas for tenant referencing, is tenant referencing even a facility? As far as loans and credit and other such financial facilities there are professionals checking and stringent checks, I've rented a lot and have never found these tenant referencing companies to be anywhere near as professional as for those services above despite them requiring just as if not more intrusive information. I also don't understand the facility part because they themselves state that at the end the decision lies with the landlord/letting agent... what exactly is the facility I applied for then? so they can stick a green/red badge on me depending entirely on their own opinion in a report to the letting agent????

If they do have a basis for this, what can I do to challenge this? Does this need to go to court? I know my next step is asking Cifas itself to review directly but I somehow doubt they will remove it given this is a huge insurance group in their club that has decided that my documents are fraudulent and that's that.

I'm honestly astounded that a failed tenant referencing check can screw me over this bad especially when nowhere in this process did I have any recourse, they never contacted me about any queries they may have had with my documents throughout the referencing, If they had asked I would have let them do open banking even, but no, someone just decided that they are fraudulent and that's it? 6 years fraud black mark? Seems very trigger happy.

Sorry for rambling.

Was it Homelet?

If so I had a horrifying experience with them as well.  Please give me an update on how you are getting on.

Yes, it was Homelet, although in the Cifas report it uses the actual insurance company name, rather than their trading name of "Homelet".

Borkshire

DullGreyGuy said:

penners324 said:

Make a formal complaint to the reference agency. If that is rejected then complain to the FOS or ICO

It is probably not in the scope of the Financial Ombudsman as the OP is not the customer of the insurer. Same as if you make a third party claim against someone else's insurance you cannot go to the FOS if you dont like their valuation etc.

Is asking Cifas to review my only option at the moment?

Grizebeck

Borkshire said:

Grizebeck said:

Consider an injunction to force the company to remove this

I'm slightly confused, isn't an injunction related to domestic abuse? I've never done anything legal, so I'm unsure where to start but the Gov.uk site is giving me information regarding domestic abuse victims applying for injunction.

No that isn't correct.
So injunctions on the whole (simply put) force a party to perform an action OR to stop a party committing an action. 
So you would issue proceedings in the county court (filed at your local court)
It would be an injunction "on notice" 
The application would cost £332 unless you are on a low income then that could possibly change 

Grizebeck

Borkshire said:

DullGreyGuy said:

penners324 said:

Make a formal complaint to the reference agency. If that is rejected then complain to the FOS or ICO

It is probably not in the scope of the Financial Ombudsman as the OP is not the customer of the insurer. Same as if you make a third party claim against someone else's insurance you cannot go to the FOS if you dont like their valuation etc.

Is asking Cifas to review my only option at the moment?

No, see above