I have a few questions about CIFAS, FOS and legal action.

[cifarce]

There are some forum posts here regarding CIFAS. 

 

I have ended up a mess dealing with this sort of stuff, got a marker removed that I was challenging from a month before the submission.  Lost bank accounts,  work etc...  I am now driven by pure disdain for CIFAS who essentially coaches it's members into think they can do what they want.  They are nothing more than a non FCA regulated private database that charges it's members to have access to a database outside the scope of the FCA. 

 

I have a good way, bulletproof, for anyone to challenge them.  Particularly those who've done nothing wrong...  But I think even those who have done wrong at minimum should be able to approach member, FOS and CIFAS and get a copy of 1. the allegation, 2. the supporting evidence.  The actual category names are useless to providing any meaningful information and if the marker is applied incorrectly it's impossible to challenge them constructively without knowing.

 

But it's became apparent to me that CIFAS members, at least some, just rampantly submit people for anything...  They also do so by following some guide called 'NDF handbook' which appears to offer a sort of recipe for justifying a submission. I also discovered CIFAS actually don't investigate independently but they feed back to banks to 'double check' their evidence first.  According to CIFAS my bank 'chose to withdraw it's marker' But that is in no way what happened, although I'm certain that's how it was recorded.

 

I just want some advice around my case, evidence for losses and, DSARs.  But I also think I have a very good way for anyone to challenge the marker.  Essentially by immediately requesting complete clarification of the marker from the outset, and if denied using that as the basis for a FOS complaint.  A bit like, 'prove my innocence?'

 

how am I supposed to prove I'm innocent of a crime that never occurred.  Then present that to the FOS.  With the FOS taking notice and having the FCA at least be aware that banks are openly submitting people without reviewing evidence.   I find it disgusting and want to provide people a A, B, C steps from challenging markers in this way... Which is the only way people wont get shut down at the FOS when they raise a complaint from the outset.  I know what evidence a bank should have and what CIFAS can provide...   I was also lucky that my marker could only point to a single piece of UK legislation.  But it would have been easier from the outset had I had known and if my marker was for another reason it would have been harder to challenge.

 

I also have some very interesting phone call recordings of staff from fraud team talking to the customer service staff admitting they don't review evidence members send in so it doesn't matter what evidence I sent in... Also the first call I made with recordings of the same fraud team refusing to speak to me, then coaching the staff to ask me for evidence that would have nothing to do with the case as being 'the only acceptable evidence'.  Something I was more than aware of at the time.

[whitelist]

Just my opinion about this but?

 

Just like the credit reference agencies, they are not responsible for the data published in the credit files. Any complaint has to be resolved with the original creditor.

 

You can write to the credit agencies and raise a dispute, they inturn will contact the original creditor to confirm if the information is correct or not.

 

But you are better off doing it yourself, contacting the original creditor as an official complaint.

 

If you then still disagree with any final response, you can elevate to the Financial Ombudsman Service

 

But you must go through the creditors complaint procedure first and have a full and final response.

Edited March 24, 2023 by whitelist