NewDay CIFAS

BucketListExplorer

Good morning.

My NewDay credit card was closed without warning last year, and I was informed that my credit facilities had been withdrawn. Soon after, Santander notified me that they were closing my current accounts with 60 days' notice. They cited a CIFAS category 6 (misuse of facility) marker on my credit file.

I submitted a Data Subject Access Request (DSAR) through CIFAS. It revealed that NewDay had placed the misuse of credit facility marker against me.

When I discovered this, I contacted NewDay immediately for more information. They refused to provide details directly, but the DSAR from CIFAS specified the dispute the marker was related to. Armed with this information, I contacted NewDay again to challenge the marker. Despite providing them with all the necessary evidence (and more) to support my claim, they held their position, stating they were satisfied with how they had handled the case. I had no other option but to escalate my complaint to the Ombudsman. 

A year later, the Ombudsman ruled in my favor. They stated that if NewDay had properly considered the evidence I submitted, the incident would not have happened. The Ombudsman ordered NewDay to remove the CIFAS marker from my file, refund the disputed claim in full, and pay £850 in compensation for the distress and upset this situation caused me. I accepted the decision on July 31st and expressed my sincere gratitude to the Ombudsman for their assistance. 

I have a couple of questions if anyone is so kind to assist me with;

1. When is it considered reasonable to expect NewDay to remove the CIFAS marker following my acceptance of Ombudsman outcome?
2. When is it considered reasonable that I should receive my refund+compensation?
3. I haven't been able to remortgage since this issue came to light - when is it 'safe' following the remove of the CIFAS marker, to consider applying?

Thanks in advance for any help and assistance.  

MyRealNameToo

BucketListExplorer said:
A year later, the Ombudsman ruled in my favor. They stated that if NewDay had properly considered the evidence I submitted, the incident would not have happened. The Ombudsman ordered NewDay to remove the CIFAS marker from my file, refund the disputed claim in full, and pay £850 in compensation for the distress and upset this situation caused me. I accepted the decision on July 31st and expressed my sincere gratitude to the Ombudsman for their assistance. 

I have a couple of questions if anyone is so kind to assist me with;

1. When is it considered reasonable to expect NewDay to remove the CIFAS marker following my acceptance of Ombudsman outcome?
2. When is it considered reasonable that I should receive my refund+compensation?
3. I haven't been able to remortgage since this issue came to light - when is it 'safe' following the remove of the CIFAS marker, to consider applying?

Thanks in advance for any help and assistance.  

Why didnt you ask the ombudsman when they sent you their interim decision? 

Generally firms have 4 weeks after you accepting the decision to apply the ombudsman's decision though in practice its often much quicker. 

Personally would have asked the ombudsman to require the company to confirm to you when the marker had been removed and then you wouldnt have uncertainty on if they'd done it or not. In the absence of that I'd wait and then do another DSAR and if the record has been removed its probably then "safe"