Unwarranted Cat 6 Cifas Marker from Sky

ozzy49
ozzy49 Posts: 39 Forumite
edited 6 August 2019 at 4:06PM in Credit file & ratings
Hi all,

Sorry for the long post! Really need some advice.

I recently applied for a mortgage which was declined and the Bank was unable to provide a reason despite having had a mortgage a couple of years ago and no issues with my credit reports from all 3 agencies. Around the same time, I had a call from my credit card provider to say they were closing my account and again, couldn't provide a reason.

I put a SAR in to Cifas which I got back today. It shows that Sky has registered a Cat 6 marker on my name! :mad:

I'm trying to upload an image of the letter but as I'm a noob, I can't do it :(

So, back in March 2016, I took up an offer through Hughes Direct for Sky Installation at £15. I was told that I'd get TV services free for 12 months and to call them at the end of the 12 months if I wanted to continue. I never did want the services (just the installation as I was having the house refurbished) so had no reason to call especially as I hadn't signed up to any agreement or contract and I hadn't provided any direct debit details. I just had to pay the £15 with a debit card.

I never heard anything until September 2018 when a payment went out from my bank account to "Sky Subscription" for £39.50. As far as I knew I didn't have any subscriptions so genuinely believed someone had used my details. I called the bank who refunded the payment and sent me a new card. All was fine.

I then started getting letters from Sky saying I owed them money, I called them up and explained the situation and they agreed to credit the amount back to the account and close it. I even told them that I'd realised the payment that went out of my bank account must have been relating to this but I'd got my money back from the bank anyway.

As far as I can tell, I have not committed any sort of fraud in the slightest and I cannot understand how they have stated to Cifas "Compromised card used to make payment" when it was my own card that was used.

I've explained everything to Sky today who agree with me but nobody understands really what Cifas is. I got through to a senior manager (who was actually pretty helpful) in the end who spent 1 hour speaking with the Finance and Legal teams in their Head Office, they insisted they hadn't filed the Cifas, it's impossible for them to do so as they're not a credit provider and as such they don't even know how they'd remove it. They're blaming the bank for the marker. The chap is willing to write me a Final Response Letter stating the above but I need this sorting as soon as possible really as my house purchase is about to fall through.

I called Cifas to explain who confirmed it was definitely Sky that added the marker but if they couldn't remove it I should get in touch with the Ombudsman.

Now, given how adamant Sky are that they haven't added the marker, is there a chance it wasn't them and it was my bank despite the SAR stating issuer as Sky? (Sky's explanation is that their name is only on the report because that's who the transaction relates to).

Also, surely if I send the letter from Sky (when I receive it) to Cifas explaining that the marker is unwarranted but Sky don't know how to remove it, they should be able to remove it? Why are they telling me to go directly to the Ombudsman?

I'm worried all my credit cards and bank accounts will soon start getting closed if I don't get this sorted ASAP. Any help would be really appreciated!

Thanks
Oz

EDIT: Added the letter at the following link: https://imgur.com/a/hTJ7Xk9
«134567

Comments

  • boo_star
    boo_star Posts: 3,202 Forumite
    First Post First Anniversary
    Sky are telling porkies.

    https://www.cifas.org.uk/services/national-fraud-database/national-fraud-database-members

    Scroll down to the "S" section...
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    First Anniversary Name Dropper First Post Photogenic
    They are probably not deliberately 'telling porkies'. It is probably more likely a case that the Sky customer service team have not got a clue what CIFAS is.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • boo_star
    boo_star Posts: 3,202 Forumite
    First Post First Anniversary
    They are probably not deliberately 'telling porkies'. It is probably more likely a case that the Sky customer service team have not got a clue what CIFAS is.

    Yeah but...
    I've explained everything to Sky today who agree with me but nobody understands really what Cifas is. I got through to a senior manager (who was actually pretty helpful) in the end who spent 1 hour speaking with the Finance and Legal teams in their Head Office, they insisted they hadn't filed the Cifas, it's impossible for them to do so as they're not a credit provider and as such they don't even know how they'd remove it. They're blaming the bank for the marker. The chap is willing to write me a Final Response Letter stating the above but I need this sorting as soon as possible really as my house purchase is about to fall through.

    It definitely went way beyond bog standard CS.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    First Anniversary Name Dropper First Post Photogenic
    If it were me, I would make an official written complaint to Sky before escalating to the Ombudsman. I would probably also submit a SAR to Sky...
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • ozzy49
    ozzy49 Posts: 39 Forumite
    I had a look at the Member list on Cifas and saw that they're a member. I told him about it, they said they've only recently joined as they were required to when they started doing Sky mobile.

    It certainly didn't feel like they were purposely lying or trying to hide anything as boo_star mentioned, it went far above normal CS. He was definitely senior management and had spoken with their Legal and Finance teams at Head Office.

    I just don't know where to go from here. I'm confused as it seems NOBODY in Sky knows how things work with Cifas yet I know it's definitely not the bank that loaded the marker because as far as they would be concerned, they would think I'm the victim of fraud - what me and the Bank genuinely thought at the time of chargeback
  • ozzy49
    ozzy49 Posts: 39 Forumite
    I've emailed a complaint and SAR to Sky Customer Services and their CEO just to see if I get a quick response. I'll be posting them out too but was hoping for a way to have this resolved quickly so my mortgage can proceed.

    Reading the forums about Sky complaints in general, they appear to be really slow in their responses. I'll send a complaint to the Ombudsman too but doubt that'll be a quick process.

    Sky really seem to be fine with removing the marker - just don't know how to do it and don't think it's possible!
  • boo_star
    boo_star Posts: 3,202 Forumite
    First Post First Anniversary
    ozzy49 wrote: »
    I had a look at the Member list on Cifas and saw that they're a member. I told him about it, they said they've only recently joined as they were required to when they started doing Sky mobile.

    It certainly didn't feel like they were purposely lying or trying to hide anything as boo_star mentioned, it went far above normal CS. He was definitely senior management and had spoken with their Legal and Finance teams at Head Office.

    I just don't know where to go from here. I'm confused as it seems NOBODY in Sky knows how things work with Cifas yet I know it's definitely not the bank that loaded the marker because as far as they would be concerned, they would think I'm the victim of fraud - what me and the Bank genuinely thought at the time of chargeback

    Recently? Sky Mobile has been going for 2 1/2 years :rotfl:

    I suppose if they've acknowledged that they ARE CIFAS members but are still coming up with nonsense excuses like this you'll just have to write a formal complaint to them and escalate to the Ombudsman if necessary.
  • Candyapple
    Candyapple Posts: 3,384 Forumite
    First Post First Anniversary Combo Breaker Intrepid Forum Explorer
    The only way you’ll get this resolved in time to get your mortgage is if you instruct a solicitor to take legal action against Sky and also compensation for the stress/delay/potential loss of mortgage due to their error.

    If you’re not willing to go that far, then if you have a property in the pipeline you may as well pull out now as this will take months to be resolved, I’d hazard a guess at 6.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • muhandis
    muhandis Posts: 994 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    edited 12 July 2019 at 7:40PM
    1. Don't put any stock in what Sky tells you over the phone.

    2. Put in a formal complaint to Sky asking that the marker be removed. (I think you've done this already and hope you have stressed the impact it is having on your life). Start the 8 week clock or wait for their final response (best case scenario, the letter they are supposedly sending you is the final response).

    3. Call the FOS tomorrow morning, explain the issue, the impact it is having on your life and ask them if you can complain right now or whether you need to wait for Sky's final response. From experience (albeit 4 years ago), their customer support is very knowledgeable and there are very few situations they haven't come across.

    In your place, I would pull out of any mortgage (or other credit) related activities at the moment as this will take at least a few weeks and more realistically a few months to resolve.


    FYI, this is what Sky is ought to have satisfied itself with before recording a fraud marker against your name on CIFAS -

    To record information with CIFAS, xxxxxx needed to have enough evidence to make a formal complaint to the police or other relevant law enforcement agencies. CIFAS’s guidance says that the business must have carried out checks of sufficient depth to satisfy this standard of proof, and any filing should be for confirmed cases of fraud, rather than just having a suspicion.
  • muhandis wrote: »
    To record information with CIFAS, xxxxxx needed to have enough evidence to make a formal complaint to the police or other relevant law enforcement agencies. CIFAS’s guidance says that the business must have carried out checks of sufficient depth to satisfy this standard of proof, and any filing should be for confirmed cases of fraud, rather than just having a suspicion.


    This is interesting. Can you say where the statement comes from? It reads like a finding by the regulator following a complaint. From the many posts we get here about problems with CIFAS it seems that few organisations take heed of this protocol and are quite happy to blacklist individuals based on suspicion only.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards