Good evening to you all - CIFAS

[OnTheLine]

As with a lot of people who join, I need some help. I'm not sure which category this would fall under, I've read through the headings and none really seem appropriate. Maybe some kind person could give me an indication?

So, my problem is that I have a Cat 4 CIFAS marker registered against me by a bank. Cat 4 is fraudulent information supplied. I wouldn't lie about my income, I have no reason to. Plus I know better as I work in financial services. I'm CeMAP qualified, studied Compliance, Financial Crime and currently studying AML. This marker is severely limiting my career! Oh, and I can't remortgage or change my car (unless I pay cash of course!) or have access to loans etc should I need one. My career is easily the biggest worry though as this marker will stay in place for six years. Six long, long and very unfair years.

I think I'm going to have to find a lawyer to write a strong letter and give my accounts to a forensic accountant to provide a month by month breakdown of the money that I earned. The other problem is finding someone who understands CIFAS markers as this has proved very difficult.

I've trawled the Internet for hours and hours trying to find information about anyone who has managed to successfully get a marker removed and found nothing. Judged guilty and I'm struggling to fight it because the bank uses the 'fraud' line and won't disclose any further details. I know for sure it's the issue stated above as it was in the letter to my local MP as I asked him to approach the bank. I rue the day I submitted the remortgage application, it's a millstone round my neck.

im hoping someone on here can recommend a solicitor who knows and understands fraud (what it is and what it isn't!) and CIFAS markers. Thank you for reading, this is a lot longer than I meant it to be, sorry.

[Amethyst]

Re: Good evening to you all

Do you have copies of your remortgage application documents - and have you gone down the route of finding out what has been flagged as fraudulent in your application - they probably wouldn't tell you but if you feel it is directly related to that remortgage get all the paperwork - under a subject access request if you need to.

It may not be your application but could be there because someone has made an application in your name.

I'll ask someone to have a look in tmw on the CIFAS side, but I reckon your first step is to find out exactly what has caused the marker in the first place so you can argue your case.

[OnTheLine]

Re: Good evening to you all

Do you have copies of your remortgage application documents - and have you gone down the route of finding out what has been flagged as fraudulent in your application - they probably wouldn't tell you but if you feel it is directly related to that remortgage get all the paperwork - under a subject access request if you need to.

It may not be your application but could be there because someone has made an application in your name.

I'll ask someone to have a look in tmw on the CIFAS side, but I reckon your first step is to find out exactly what has caused the marker in the first place so you can argue your case.

thank you Amethyst. I do have the mortgage app and my circumstances were all laid out to be understood.

The bank asked if it could approach HMRC for my SA302 as my accountant is not audited. I agreed as I didn't think there would be an issue. HMRC provided the info and three days later the marker was registered. No clarification re my income with my broker or anything, not one question.

The company accounts run from September, the SA302 covers the tax year.
I started my first contract for a bank on 4 April 2011 working under an umbrella company but after 5 months I changed to a jointly owned limited company. As the SA302 declared an income less than the figure declared in the company accounts, I'm labelled a fraudster.

I provided copies of my contract showing my day rate, and the payslips I received under the umbrella company. The remortgage application criteria was 1 years accounts and a projection for the balance. As I could prove income for the preceding 5 months, I submitted the payslips, one years accounts and a projection for the remaining 7 months based on my current day rate.

Most annoyingly, even if the bank had taken the lower figure from HMRC, I would still have fit the affordability criteria.

If I submit a DSAR, anything pertaining to this 'fraud' would not be released to me. I'm also registered on the National Hunter database by the way. I contacted CIFAS and they were not interested whether the marker had been correctly applied or not, I was just referred back to the bank. I know errors have been found in files when CIFAS have been audited though.

Please move over to another thread if there's somewhere more appropriate, thank you.

[Tools]

Re: Good evening to you all - CIFAS

Hi OnTheLine, I have a contact at CIFAS, I will ask them tomorrow for more information on why this would be on someone's file and what they can do if they can do if they feel it has been added in error.

[OnTheLine]

Re: Good evening to you all - CIFAS

Thank you, all help is appreciated.

[Tools]

Re: Good evening to you all - CIFAS

Apologies for not getting back to you sooner have only just managed to speak with my contact at CIFAS.

Basically you would need to send a SAR to CIFAS, as suggested earlier by Amethyst, who will then give you everything they hold on your file. This may not give the reason for the marker but it would identify who placed the marker against you.

From there you would need to SAR the culprit (assuming it's the mortgage lender you applied to) for more detailed information of why the marker was placed there.

One thing she did suggest to try in the meantime, is speak with Experian.

I have tagged this post for the Experian Customer Service Reps we have on LegalBeagles who may be able to advise you from here [MENTION=62389]ExperianExperts[/MENTION] [MENTION=52111]James Jones Experian[/MENTION]

[OnTheLine]

Re: Good evening to you all - CIFAS

Good afternoon everyone!
I sent a DSAR request to CIFAS and also National Hunter. Both replied quickly and it is indeed the bank that placed the marker. I appealed to CIFAS and I was just referred back to the bank as it's down to the bank to remove the marker. Sadly, CIFAS was not interested whether the marker had been placed fairly or correctly. I know CIFAS get audited and errors in the files have been found, but I'm clearly not going to get anywhere with appealing to CIFAS. I did note some information relating to my company name and dates were incorrect, I've also pointed this out but to no avail.

I've not sent a DSAR to the bank because any information relating to the 'fraud' will be omitted. I know it's down to the SA302 figure though.

The marker doesn't show up on the usual credit report, only protective markers show up. I'm unable to get finance because unless it's for something like a mobile phone or Sky, CIFAS and / or NH will be checked. I only found out I had it when I went to change my car. That was embarrassing....

It's unfair (in my eyes anyway) that I will never be compensated for the time, expense, upset and damage to my career this marker has caused me IF I'm ever successful in getting it removed. Any money I spend on a solicitor and forensic accountant will never be recovered. I have been advised by a solicitor that the bank will fight me if I take it to court because if I was to win, it'd set a precedent. The bank has deep pockets and I unfortunately do not, but if hiring a solicitor and FA is the only way I'm possibly going to get a resolutions on this situation then so be it.

I'm shocked as to how I've been judged and deemed to be guilty and (potentially) punished for six years without any prior reference to me, my broker or accountant about the information provided, no questions, no clarification, nothing. In my opinion, banks wield far too much power, and can far too easily ruin an innocent person's career and financial situation.

Both my my mortgage broker and accountant are shocked as to the action taken against me, and so am I.

Thank you for reading...

[OnTheLine]

Re: Good evening to you all - CIFAS

Tools - thank for contacting CIFAS :-)

[James Jones Experian]

Re: Good evening to you all - CIFAS

A copy of your credit report should include the CIFAS marker and would name the bank that filed it. But it sounds like you already know all of this. I don't know whether a SAR made to the bank would include fraud-related data. But what you might be able to do, if you fail to get a satisfactory response from the bank, is make a formal complaint to them, get a final response and then ask the Financial Ombudsman Service to look at it for you.

James Jones, Experian

[Tools]

Re: Good evening to you all - CIFAS

Thank you James, much appreciated

[OnTheLine]

Re: Good evening to you all - CIFAS

So, I now have a lot more time on my hands as a broken shoulder (courtesy of a store I was shopping in) is preventing me from doing pretty much everything.

Do we have any solicitors here that specialise in fraud issues, and have any connections with a firm of forensic accountants? I feel this is the most appropriate way forward.

[Amethyst]

Re: Good evening to you all - CIFAS

Have you seen the figures entered by your broker ?

The bank asked if it could approach HMRC for my SA302 as my accountant is not audited. I agreed as I didn't think there would be an issue. HMRC provided the info and three days later the marker was registered. No clarification re my income with my broker or anything, not one question.

[OnTheLine]

Re: Good evening to you all - CIFAS

Yes, the figures were entered as per the company accounts. At the time the company was a jointly held company, 51% to 49% with my share being the 49%. I provided proof of a corporation tax bill paid based on the company accounts.

Every scrap of information I've provided has been officially generated ie by my accountant, HMRC, the company I get my contracts through and payslips from the umbrella company I worked under for 5 months. I offered to provide the bank with company bank statements showing the money I've earned on my contract, as well as my personal bank statements to show money being paid from the business account into my personal account but the bank declined. I have absolutely nothing to hide, everything has been done properly.

IF I was trying to defraud the bank by overstating my earnings (which is definitely not the case!) I would not have allowed the bank to approach HMRC because my plan would have failed at the first hurdle. Plus, I don't need to lie about my earnings, I earn enough to support the mortgage that I have.

I wouldn't jeopardise my career in financial services either, that'd be absolutely crazy. I love what I do.

[Tools]

Re: Good evening to you all - CIFAS

Makes a refreshing change nowadays

[Amethyst]

Re: Good evening to you all - CIFAS

I hope you didn't take it I was accusing you of adjusting your figures, I'm not at all... I have seen some cases where brokers have done so in between customer and bank, and as you were convinced your figures were correct that may have been an angle to look into.

When you say your company ''at the time'' was jointly held, does that mean it now isn't ? If you sold in full or in part, or diluted your shareholding, at around the same time you were applying then that may have flagged something up with future income forecasts possibly? What are the timescales on the company ?

Any issues surrounding the company ? Debt issues / fraud/tax issues as they could impact on you as director ?

Were there any other applications etc made around the same time?

Only thing you can do is get the SAR's in to find out where this has come from.