Getting a CIFAs removed

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MSA197
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GabiAbi84
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Procedure for challenging:

“Step 1: Request a CIFAS letter

Make a Direct Subject Access Request (DSAR) to CIFAS, requesting a letter setting out the details of the marker(s) that they hold on their database.

This can often be a relatively small amount of information, and the institution that supplied it is not required to provide the evidence this was based on.

Step 2: Contact the institution that issued the marker and request removal

Once the CIFAS letter has been received, you can then contact the institution that issued your marker to request further information before asking for the marker to be removed.

Step 3: Request CIFAS review

If the institution turns down your request for the marker to be removed, you can then request a review directly with the CIFAS, provided that a final response letter has been issued by the institution.

CIFAS are required to adjudicate on the matter within 14 days.

Step 4: Complain to the relevant ombudsman or complaint service

If CIFAS uphold the institution’s decision and refuse to remove the marker, it’s possible to raise a complaint with the relevant ombudsman for the institution that put the marker in place.

If, for example, it was a bank, then the Financial Ombudsman would be the relevant authority to contact.”

(https://www.richardsonlissack.co.uk/...cifas-markers/


The issue is however the lack of evidence you have to support your side. They may remove it, they may not. If they don’t then your only other option is to wait until the 6 years is up and it is removed that way.
Last edited by GabiAbi84; 1 month ago
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MSA197
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(Original post by GabiAbi84)
Procedure for challenging:

“Step 1: Request a CIFAS letter

Make a Direct Subject Access Request (DSAR) to CIFAS, requesting a letter setting out the details of the marker(s) that they hold on their database.

This can often be a relatively small amount of information, and the institution that supplied it is not required to provide the evidence this was based on.

Step 2: Contact the institution that issued the marker and request removal

Once the CIFAS letter has been received, you can then contact the institution that issued your marker to request further information before asking for the marker to be removed.

Step 3: Request CIFAS review

If the institution turns down your request for the marker to be removed, you can then request a review directly with the CIFAS, provided that a final response letter has been issued by the institution.

CIFAS are required to adjudicate on the matter within 14 days.

Step 4: Complain to the relevant ombudsman or complaint service

If CIFAS uphold the institution’s decision and refuse to remove the marker, it’s possible to raise a complaint with the relevant ombudsman for the institution that put the marker in place.

If, for example, it was a bank, then the Financial Ombudsman would be the relevant authority to contact.”

(https://www.richardsonlissack.co.uk/...cifas-markers/


The issue is however the lack of evidence you have to support your side. They may remove it, they may not. If they don’t then your only other option is to wait until the 6 years is up and it is removed that way.
Thank you for the reply. I think I have basically done everything up to step 2.

Do you think of any other sources I can use as evidence? I have videos of my clubbing the day before/on and after they said the fraud occurred but I don’t think this would help
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IWMTom
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(Original post by MSA197)
I just found out that my 'friend' used me for fraud and I don't know what to do.

Background:

I've graduated university and got a grad offer from a big company. Sadly this offer was removed after a background check revealed a cifas marker. I got a SAR from cifas and it was revealed that the bank placed it in 2017 under "misuse of facility" for false instruments paid in. (in 2017, my bank account got closed with late notice. I contacted them ( via branch and telephone) as to why numerous times but no one could tell me why. I decided to give up and open an account else where which was successful.) I contacted the bank as I did not conduct any fraud. After speaking to the guy on the phone, he said I should place a complaint as it was likely placed through error.

Fast forward 2 days later, I was looking at any correspondent with the bank and found an email from 2017 asking for feedback on how they treat their customers who have been 'victim of fraud'. I immediately called the bank after finding this email as it contradicts the cifas data. the person on the phone told me to ignore this and told me the real reason why a cifas has been placed: Money had been transferred into my account(which was reported as a scam), £3k was transferred out and £1k into my savings(which is what the marker is regarding). I had no knowledge of any of these transactions and had no means to action them as my online banking wasn't working so I was unable to check any of my statements.

I told the guy that it wasn't me (the truth) and he then asked if I think anybody had access or found access to my bank account. I remember sharing my details with my friend at the time who was having difficulties with their account and need an account to get their wages paid in, which I offered. - I remember asking them if their employer tried paying their wage into my account (during the time I was having difficulties with my bank) but they said th). I think they may have been behind this and I have detailed this story to the bank who are still investigating and deciding if they should remove the marker but I haven't received any updates from them.

I understand I broke their T&Cs by giving someone my details, however it wasn't for the intention of fraudulent uses (despite it being done without my knowledge). My question now is what should I do?

I don't have proof of our texts to show buy innocence since it happened 4 years ago and I have changed my phone. I have attempted to contact the person to understand what they did but they aren't replying to my messages and I doubt they would admit to anything since I was kept in the dark for years.

I plan on working in the financial service and to study for my Aca but this would be difficult with that marker so I won't be able to start my career at all.

I know this is a very particular situation and yes I was naive to trust in my friend but I really need help and advice.
(no judgement/ reiterating my stupidity)
You shared your account details and allowed fraudulent activity to take place on your account, thus misusing your facility...

Not really sure what avenue of appeal you could possibly have? Wait it out. This is an important lesson in money management.
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MSA197
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(Original post by IWMTom)
You shared your account details and allowed fraudulent activity to take place on your account, thus misusing your facility...

Not really sure what avenue of appeal you could possibly have? Wait it out. This is an important lesson in money management.
Please read the post properly, I did not allow the fraudulent activity to take place. Wasn’t aware this had occurred until recently. I understand that it sounds stupid but not everyone that gets duped in the way, people get taken advantage of.
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IWMTom
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(Original post by MSA197)
Please read the post properly, I did not allow the fraudulent activity to take place. Wasn’t aware this had occurred until recently. I understand that it sounds stupid but not everyone that gets duped in the way, people get taken advantage of.
I did read it properly. You did allow fraudulent activity to take place.

Whether you "meant" for this to happen or not, it happened either way. As far as the bank is concerned, you are a fraud risk. They were duty bound to report this to CIFAS.

Like I said, wait it out.
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StriderHort
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(Original post by MSA197)
Please read the post properly, I did not allow the fraudulent activity to take place. Wasn’t aware this had occurred until recently. I understand that it sounds stupid but not everyone that gets duped in the way, people get taken advantage of.
Giving your 'friend' the use of your account was in itself misuse of the facility, so technically you have done the thing the bank accuse you of. I suspect any appeal would be very unlikely, especially since you haven't taken any action against who you think it was. (I'd have called the police)
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MSA197
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(Original post by StriderHort)
Giving your 'friend' the use of your account was in itself misuse of the facility, so technically you have done the thing the bank accuse you of. I suspect any appeal would be very unlikely, especially since you haven't taken any action against who you think it was. (I'd have called the police)
I have asked the bank if I need to get the police involved but they said that I should wait since no-one has been assigned to my complaint yet and only that person who's investigating it can guide me.

My issue is my lack of evidence, we used to speak on iMessage a lot (this wasn't just a random person, it was a close friend to me at the time - the reason I put friend is quotation is they aren't a genuine friend if they did that to me without my awareness). Anyways, I got a new phone in 2019 so my messages only goes back that far. I don't have my old phone on hand as I have given them to family members. If I report them to police, what is the likelihood of them assisting me without proper evidence?
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StriderHort
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(Original post by MSA197)
I have asked the bank if I need to get the police involved but they said that I should wait since no-one has been assigned to my complaint yet and only that person who's investigating it can guide me.

My issue is my lack of evidence, we used to speak on iMessage a lot (this wasn't just a random person, it was a close friend to me at the time - the reason I put friend is quotation is they aren't a genuine friend if they did that to me without my awareness). Anyways, I got a new phone in 2019 so my messages only goes back that far. I don't have my old phone on hand as I have given them to family members. If I report them to police, what is the likelihood of them assisting me without proper evidence?
Just my 2p, but I wouldn't be asking the banks advice on such a thing, esp since they have marked you as a risk and barred you, they're not on your side now. If I knew someone had been in my account without my say so I'd call the police right after the bank. What the police actually do about it is another matter and not really my place to know how they investigate, but they can at least open a file and question the person you described. It's also a clear statement that you consider yourself a victim. I'd go so far as to say NOT reporting the crime against YOU looks suspicious as if you knew fine well what your friend was doing and indeed were complicit.
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MSA197
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(Original post by StriderHort)
Giving your 'friend' the use of your account was in itself misuse of the facility, so technically you have done the thing the bank accuse you of. I suspect any appeal would be very unlikely, especially since you haven't taken any action against who you think it was. (I'd have called the police)
Please understand I'm not here to get away with doing something bad. I have told the truth to the bank and even asked them to remove the complaint since I understood that I should not have given out my details as it does break T&C's. The complaint is only still active as the women on the phone advised me to keep it open, thanked me for my honesty and said sometimes in these situations, they can still remove it. I'm just seeking advice on what to do since no one around me has been involved in a situation like this before
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StriderHort
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(Original post by MSA197)
Please understand I'm not here to get away with doing something bad. I have told the truth to the bank and even asked them to remove the complaint since I understood that I should not have given out my details as it does break T&C's. The complaint is only still active as the women on the phone advised me to keep it open, thanked me for my honesty and said sometimes in situations, they can still sometimes remove it. I'm just seeking advice on what to do since no one around me has been involved in a situation like this before
I'm not personally accusing you btw, just saying that not reporting a crime against you can be considered suspicious, especially as you have a clear suspect who you owe no loyalty to given what's now at stake for you.

And think about it, why would you trust the bank to advise you on whether to report a suspected crime to the police? they have no interest and nothing to lose, for all you know this person has committed other fraud using your details in some way and the sooner police investigate the better...

It's not for me to say exactly what your bank will do, but generally after a marker has been placed they stop talking to you honesty and will say almost anything to get you off the phone/out the branch, often giving people mixed messages or otherwise false hope of progress. As said I don't think an appeal is likely as you HAVE misused the facility and exposed them and yourself to risk, and it's generally only factual errors you can get them to take back markers on.
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MSA197
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(Original post by StriderHort)
Just my 2p, but I wouldn't be asking the banks advice on such a thing, esp since they have marked you as a risk and barred you, they're not on your side now. If I knew someone had been in my account without my say so I'd call the police right after the bank. What the police actually do about it is another matter and not really my place to know how they investigate, but they can at least open a file and question the person you described. It's also a clear statement that you consider yourself a victim. I'd go so far as to say NOT reporting the crime against YOU looks suspicious as if you knew fine well what your friend was doing and indeed were complicit.
Okay thanks. I will call them tomorrow and see if they can offer me any help
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RedGiant
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(Original post by MSA197)
I told the guy that it wasn't me (the truth) and he then asked if I think anybody had access or found access to my bank account. I remember sharing my details with my friend at the time who was having difficulties with their account and need an account to get their wages paid in, which I offered. - I remember asking them if their employer tried paying their wage into my account (during the time I was having difficulties with my bank) but they said th). I think they may have been behind this and I have detailed this story to the bank who are still investigating and deciding if they should remove the marker but I haven't received any updates from them.
This sounds very strongly of money muling. Why did £1k go into your savings account? As remuneration for letting them use your account? By "details" I assume you mean login details, in which case the bank will very quickly conclude that you transferred the money. "having difficulties with my bank" probably means that your account was frozen and subsequently closed, as per the usual.

Given that it was 4 years ago, the fact that you shared your login details and that you have no paper trail, I highly doubt it will be removed. Your biggest worry should be getting another bank account if/when the account(s) that you presumably have now get closed.

(Original post by MSA197)
I know this is a very peculiar situation
It's really not. A variant of your story appears on this forum multiple times a week.
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MSA197
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(Original post by RedGiant)
This sounds very strongly of money muling. Why did £1k go into your savings account? As remuneration for letting them use your account? By "details" I assume you mean login details, in which case the bank will very quickly conclude that you transferred the money. "having difficulties with my bank" probably means that your account was frozen and subsequently closed, as per the usual.

Given that it was 4 years ago, the fact that you shared your login details and that you have no paper trail, I highly doubt it will be removed. Your biggest worry should be getting another bank account if/when the account(s) that you presumably have now get closed.



It's really not. A variant of your story appears on this forum multiple times a week.
I don't know, I can't explain a transaction that I did not do. I only found out about that transaction 10 days ago when the guy told me on the phone. I was not promised any money from the person.
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RedGiant
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(Original post by MSA197)
I don't know, I can't explain a transaction that I did not do. I only found out about that transaction 10 days ago when the guy told me on the phone. I was not promised any money from the person.
The good news for you is that you have only circa 2 years left of your marker and have somehow not had your other account(s) closed down (presumably). Work for a non-CIFAS company for a few years, do your ACA, then go work for whoever you want.
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relivemyyouth
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(Original post by RedGiant)
This sounds very strongly of money muling. Why did £1k go into your savings account? As remuneration for letting them use your account? By "details" I assume you mean login details, in which case the bank will very quickly conclude that you transferred the money. "having difficulties with my bank" probably means that your account was frozen and subsequently closed, as per the usual.

Given that it was 4 years ago, the fact that you shared your login details and that you have no paper trail, I highly doubt it will be removed. Your biggest worry should be getting another bank account if/when the account(s) that you presumably have now get closed.



It's really not. A variant of your story appears on this forum multiple times a week.
And in national newspapers regarding money laundering fraud. The OP has literally described a textbook case.

I wouldn’t even give access to my parents like this. Its totally against the bank’s T’s and C’s.

Like others have said, I would ride out the CIFAS marker and do something else in the interim where it isn’t likely to be a problem.

Also saying stuff like you weren’t aware, or it was an accident doesn’t wash in the adult world. You have to understand what the rules and obligations are of everything you sign up for, especially finance or insurance because there is a paper trail. Have you checked your credit ratings too? If not, sign up for all the main agencies and have a look. Maybe your ‘friend’ did other things on top.
Last edited by relivemyyouth; 1 month ago
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struggler07
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(Original post by MSA197)
I just found out that my 'friend' used me for fraud and I don't know what to do.

Background:

I've graduated university and got a grad offer from a big company. Sadly this offer was removed after a background check revealed a cifas marker. I got a SAR from cifas and it was revealed that the bank placed it in 2017 under "misuse of facility" for false instruments paid in. (in 2017, my bank account got closed with late notice. I contacted them ( via branch and telephone) as to why numerous times but no one could tell me why. I decided to give up and open an account else where which was successful.) I contacted the bank as I did not conduct any fraud. After speaking to the guy on the phone, he said I should place a complaint as it was likely placed through error.

Fast forward 2 days later, I was looking at any correspondent with the bank and found an email from 2017 asking for feedback on how they treat their customers who have been 'victim of fraud'. I immediately called the bank after finding this email as it contradicts the cifas data. the person on the phone told me to ignore this and told me the real reason why a cifas has been placed: Money had been transferred into my account(which was reported as a scam), £3k was transferred out and £1k into my savings(which is what the marker is regarding). I had no knowledge of any of these transactions and had no means to action them as my online banking wasn't working so I was unable to check any of my statements.

I told the guy that it wasn't me (the truth) and he then asked if I think anybody had access or found access to my bank account. I remember sharing my details with my friend at the time who was having difficulties with their account and need an account to get their wages paid in, which I offered. - I remember asking them if their employer tried paying their wage into my account (during the time I was having difficulties with my bank) but they said th). I think they may have been behind this and I have detailed this story to the bank who are still investigating and deciding if they should remove the marker but I haven't received any updates from them.

I understand I broke their T&Cs by giving someone my details, however it wasn't for the intention of fraudulent uses (despite it being done without my knowledge). My question now is what should I do?

I don't have proof of our texts to show my innocence since it happened 4 years ago and I have changed my phone. I have attempted to contact the person to understand what they did but they aren't replying to my messages and I doubt they would admit to anything since I was kept in the dark for years.

I plan on working in the financial service and to study for my Aca but this would be difficult with that marker so I won't be able to start my career at all.

I know this is a very peculiar situation and yes I was naive to trust in my friend but I really need help and advice.
(no judgement/ reiterating my stupidity)
Just ride it out you got 2 years left of the cifas marker
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Quady
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(Original post by MSA197)
Okay thanks. I will call them tomorrow and see if they can offer me any help
Howd you get on with the police?
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MSA197
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(Original post by Quady)
Howd you get on with the police?
It’s been reported and currently being investigated
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MSA197
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(Original post by struggler07)
Just ride it out you got 2 years left of the cifas marker
This isn’t something I can just ride out since it’s affecting my career. I’m looking to work in the financial services so this is a serious issue
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