Cifas marker removal
Comments
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I was banned from this forum over 15 years ago for the most innocuous comment. I appealed and it got rejected. I lurk from time to time and continue to see poor advice given from amateurs as. I have registered again today to try and help you out and give some perspective.
I will choose my words carefully but the banker and born again are not talking sense.
If what you say is true you have an excellent chance of getting the cifas marker removed and I do not believe it is fair. The organisation will not remove it nor will cifas but the Financial Ombudsman Service are very likely to side in your favour.
If you have time on your hands you can read previous rulings here Financial-ombudsman website. Look for decisions-case-studies/ombudsman-decisions
The bar is high for placing a cifas marker and the handbook is on the cifas website under /fraud-prevention-community/member-benefits/data/nfd/nfd-principles
In order to place the marker the organisation must be satisfied under principle 4 that:
That there are reasonable grounds to believe that a Fraud or Financial Crime has been committed or attempted; and
That the evidence must be clear, relevant and rigorous;
They must be confident that they could report this as such to the police.
If you deliberately took out the money knowing there was little to no chance of paying it back and/or that money was spent on something that was not an essential you will lose.
It will depend on:
What your situation was at the time of application. A credit check would have been considered in ensuring a consumer is not over debted.
What you intended to use the money for or what you declared it's use to be on any loan application form.
What the money was used for.
Whether there is evidence that you had overstretched so much so that you could never repay the money back, through bank statements and credit reports.
Good luck.0 -
And you must have taken steps to try and resolve it. It is normal to be confused/stressed, put your head in the sand, not immediately sort the situation out, or not immediately make contact. That does not make it a financial crime and your attempt to contact and put things in order will count for you l.0
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dipityseren70 said:I lurk from time to time and continue to see poor advice given from amateurs as. I have registered again today to try and help you out and give some perspective.
I will choose my words carefully but the banker and born again are not talking sense.4 -
dipityseren70 said:I was banned from this forum over 15 years ago for the most innocuous comment. I appealed and it got rejected. I lurk from time to time and continue to see poor advice given from amateurs as. I have registered again today to try and help you out and give some perspective.
I will choose my words carefully but the banker and born again are not talking sense.
If what you say is true you have an excellent chance of getting the cifas marker removed and I do not believe it is fair. The organisation will not remove it nor will cifas but the Financial Ombudsman Service are very likely to side in your favour.
If you have time on your hands you can read previous rulings here Financial-ombudsman website. Look for decisions-case-studies/ombudsman-decisions
The bar is high for placing a cifas marker and the handbook is on the cifas website under /fraud-prevention-community/member-benefits/data/nfd/nfd-principles
In order to place the marker the organisation must be satisfied under principle 4 that:
That there are reasonable grounds to believe that a Fraud or Financial Crime has been committed or attempted; and
That the evidence must be clear, relevant and rigorous;
They must be confident that they could report this as such to the police.
If you deliberately took out the money knowing there was little to no chance of paying it back and/or that money was spent on something that was not an essential you will lose.
It will depend on:
What your situation was at the time of application. A credit check would have been considered in ensuring a consumer is not over debted.
What you intended to use the money for or what you declared it's use to be on any loan application form.
What the money was used for.
Whether there is evidence that you had overstretched so much so that you could never repay the money back, through bank statements and credit reports.
Good luck.
You said: you have an excellent chance of getting the cifas marker removed.
So we both agree that the OP should follow the complaints process and if necessary escalate their complaint to FOS. Neither of us has enough information to know how FOS are likely to determine the case. I think it's important not to give people false hope - hence my comment.
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Hi everyone,
I have had a Final Response from MCB:
Hi Michelle,
Thanks for waiting while we looked into your complaint. We’ve now completed our review and this is our Final
Response.
Your complaint
· You’re unhappy we have lodged a CIFAS marker against your name for "evasion of payment", which
has resulted in you having to change banks, which has been an extremely difficult process because of
the CIFAS marker.
· You do not feel we have been fair or given us the opportunity to fully explain your situation to us
before we lodged the marker against your name.
·You cannot stress enough how much this has affected your mental health. You are having trouble
sleeping and your existing health condition has been exacerbated by all of this.
Our review
We’ve looked into your complaint and agree that we could have supported you better. We’re sorry that we did
not provide the level of service that we should have.
Our final response: we’re upholding your complaint.
To put things right, we’d like to offer you a payment of £100.00.
We’ve also:
· Removed the CIFAS marker that was applied
If you’d like to accept this offer, which is made in full and final settlement of your complaint, please let us know
within the next 10 working days.
You can call us on 020 3375 0221 or email us at complaints@mycommunitybank.co.uk. We’re open Monday to
Friday, 8am to 6pm (excluding bank holidays). We’ll need your bank details to make the payment.
As you have shared with us that this has affected your mental health we would also like to make you aware of
the following organisation which offers support - Mind (Mind.org.uk) on 0300 123 3393 9am-6pm Mon-Fri.I have, of course, accepted their decision and have asked if they can put it in writing to me with the date the marker has been or is being removed.
:think: Of all the things I've lost I miss my mind the most :think:9 -
That's a very good outcome.I came into this world with nothing and I've got most of it left.1
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