Fraud Marker

The_Masked_Avenger

My daughter can't open a bank account or get credit due to a Fraud Marker incorrectly placed on her CIFAS record by NatWest. She has never had a NatWest account or a loan/credit from them. They won't even tell her what led to them adding the marker to her name. This is really unfair and no one seems to be able to suggest how to resolve it! If she gets a solicitor involved, would she be able to reclaim costs and damages? 

Brie

I think her best step would be to lodge a complaint with them, if she hasn't done so already.  This may be difficult if she doesn't have an account as there may be no way for NatWest to log anything on their system as (supposedly) she isn't on it.   And then escalate it should they shut the complaint down without helping her.

I'm guessing that the reason may be that there was identity theft.  Where someone used her details to take out a loan or similar and that this happened without her noticing.  An alternative may be that something happened with another part of the NatWest group - so RBS perhaps.

MattMattMattUK

If she submits a DSAR to CIFAS she will likely get some useful information and it will probably help when trying to get Natwest to figure out what have they have done.

https://www.cifas.org.uk/dsar

tacpot12

Suing them for their mistake would seem a reasonable course of action, if they were reckless in making their mistake, or if they will not correct it as soon as it is clear that it is a mistake.

Does your daughter live at home with you? Do you have Home Insurance? Sometime people with Home Insurance have legal expenses cover that they don't know about. She should be covered by any policy you have if she lives with you. If she is covered, you should talk to the Legal Helpline asap for advice. NatWest might also take her complaint more seriously if it is made by solicitors representing her.

Nasqueron

It's a big leap to threaten to sue as the staff will immediately stop talking to her and any complaint would be put on hold. Much easier to formally complain and escalate to FOS as needed

The_Masked_Avenger

Thanks for your replies. She has asked NatWest to remove the marker but they said they reviewed her case and found no reason to remove it! Still no response as to why it was placed in the first place and it seems completely wrong they are allowed to do this. She's had to turn down job offers because she doesn't have a bank account 😡

Nasqueron

The_Masked_Avenger said:

Thanks for your replies. She has asked NatWest to remove the marker but they said they reviewed her case and found no reason to remove it! Still no response as to why it was placed in the first place and it seems completely wrong they are allowed to do this. She's had to turn down job offers because she doesn't have a bank account 😡

Open a basic bank account - this is an industry term, relating to people with poor or no credit history or similar issues like fraud markers, it allows payments in like a salary - most banks offer them - an example (not a recommendation) is like this:

https://www.nationwide.co.uk/current-accounts/flexbasic/ 

She needs to COMPLAIN to NatWest, not ask them to remove it. Ring, write, email, do on the app whatever her preference but mark it as a complaint clearly then the bank have to take action and either issue a deadlock letter or agree to resolve it. After 8 weeks or on the receipt of the deadlock she can refer to the FOS. There may well be a compensation element if they agree it was incorrectly applied.

Please don't take this the wrong way but I would strongly suggest you have an open and honest conversation with her, you don't say her age but there are a fair few cases of people, particularly young ones/students acting as money mules (basically receiving money in their account then sending it on while keeping a small fee) to allow criminals to launder cash. Similarly trying to take out credit using false details. NatWest are unlikely to just chuck around a CIFAS marker for no reason and I wouldn't automatically assume she has never had dealings with NatWest 

CIFAS themselves reported over 8600 cases in just 9 months in 2017

https://www.cifas.org.uk/newsroom/new-data-reveals-stark-increase-young-people-acting-money-mules