Advice Please - CIFAS

[beanybaba]

In 2011 (I was 16 at the time, still at school) I lost my Llyods TSB debit card. After searching for it, I reported it missing the next morning. I was told a new card would be sent out to me straight away. A few weeks later I received a letter informing me that my bank account had been closed.

For months I tried to get another bank account without success and thanks to the internet found out after doing an SAR with CIFAS that Lloyds had recorded a category 6 - First party fraud marker. I sent numerous letters to llyods who finally informed me that the day after my card went missing, there had been a fraudulent transaction of £1000 on my card, they also sent me a final response basically refusing to remove the marker. I even took it to the financial ombudsman, they stated that there was not enough evidence to prove I wasn't responsible for fraudulent transactions on my card. Due to being very young and clueless as to what to do next, I let it go.

However, now some time has passed, I feel this is still haunting me. I am unable to open bank accounts for myself or either or my children, Iv also been refused a student loan despite being an A grade student. I am unable to get any credit whatsoever. I feel that if Llyods really thought I had been a fraudster they should have taken me to court because I know I have done nothing wrong. Instead iv been left with this black mark against my name, especially as I was a minor at the time, how can this be fair? I am deadly serious in wondering whether to take them to county court or small claims in order to try to get this removed. Any advice please?

[stevemLS]

Re: Advice Please - CIFAS

The question is surely not what evidence to suggest that you were not responsible for the transaction, rather what evidence is there that you were.

Did you get a proper reasoned report for the FOS?

Have you tried the Information Commissioner?

[beanybaba]

Re: Advice Please - CIFAS

Hi there,

thanks for responding. I did get a proper letter explaining, (id have to find it as it was years ago) and I know one of their points was that I didnt report the card missing until the next day, also they've stated that someone would have needed my card pin number to withdraw money. My defense was that I noticed my card missing in a busy city centre, id already used it at a cash point that day, potentially someone could have seen my pin. Anyway, they wouldn't budge. No I have not tried the information Commissioner, what do I need to do?

[stevemLS]

Re: Advice Please - CIFAS

OK, if you can find the letter and post it omitting any information which would identify you that would help.

You can submit a Subject Access Request to CIFAS for all information held on you, the difficulty with that, though, is that their whole purpose is to prevent fraud and data held for the prevention or detection of crime is exempt from disclosure so that might not get very far.

However, if they apply an exemption you can make a complaint to the Information Commission, CIFAS will be a data controller and so the DPA means that the information they hold must be accurate.

The ICO would investigate the matter and CIFAS would have to disclose any exempted information to them and then at least there would be an independent review of the totality of the information with a view of what was held was accurate.

If you remained dissatisfied, you can complaint to an Independent Tribunal and then get a judicial review. Unlike the remedies available in the county court the Information Tribunal is free to you.

Have a look at the ICO website (www.co.gov.uk I think), there is loads of information there (no pun intended).

If you do need to go through the whole process it may take many months but it is better than being in the kind of limbo you are now and you'll get loads of assistance here to help you through it.

[KatieTatie82]

Re: Advice Please - CIFAS

Hello, I know this is a couple of years old, but my 19 year old son is having a similar problem. He had a Barclays account at 17 years old. He lost his bank card and went into branch around a week after he lost it. They asked him various questions then told him he failed security and his account would be closed. He was 17 at the time, didn't think anything if it and left it. He opened a santander account within weeks of this with no issue. The problem came to light in June this year when he turned 19 he attempted to upgrade to an adult santander account, after this his account was closed immediately and he was advised to get a SAR. This showed a first party fraud marker from Barclays. After visiting Barclays and appealing via financial ombudsman he still hasn't made progress. He has a job now and has managed to open a building society account to have his wages paid in, but it is cash in, cash out at a machine with no other facilities such as card payments or online purchases. This will last until March 2022 (6 years after the marker was put on). He knows nothing about the fraud which happened during that week his card went missing - he never had any money in his account and £4000 was paid in then paid out, some kind of laundering scheme I assume, but he was 17, didn't have money and assumed fraud couldn't happen to him - I am quite savvy and also had no idea this could happen. I just wondered how things have progressed with you and whether you ever got anywhere and if you have any advice? Thank you. Katie

[Debt Camel]

Re: Advice Please - CIFAS

If he has gone to the FO there is no other option I can think of.

One option that may make his life easier is if he was to get a prepaid credit card eg Monzo https://www.moneysavingexpert.com/cr.../prepaid-cards which is top of MSE's choice and also has some good analyse-spending features which most 19 year olds may find useful

You aren't usually credit checked for these cards - but if he is, could you apply for one for him? Then there is the question of how to top it up - if he gives you the cash, you could transfer it onto the card. One option may be for him to get his salary paid to you each month and you move it onto the card. Or better perhaps move it all onto the card except £100 say which you could transfer to his building society account.

[KatieTatie82]

Re: Advice Please - CIFAS

Thank you for this advice. I hadnt even thought of a pre paid card. Just applied for a Monzo card in my name for him to use. He can give me the cash and I can load it via bank transfer. Noticed another pre paid card with Pockit which will cost 99p and it states no credit checks so I will give him this advice and see if he wants to order one of those. Again, thank you.

[Amethyst]

Re: Advice Please - CIFAS

The ICO would investigate the matter and CIFAS would have to disclose any exempted information to them and then at least there would be an independent review of the totality of the information with a view of what was held was accurate.

The bank may be concerned that the account was used as a mule account, which sadly is common in student accounts. https://www.cifas.org.uk/secure/cont...le%20Guide.pdf ( if you google mule account students there's stacks of articles about the issue )
Again sadly, some of the people who are conned into allowing their account to be used in this way are told to report their card as stolen after a certain period ( once the money has gone in and been withdrawn ) as a way of reassuring them thy woulnd't be affected by it. Did the bank run any traces on the money where it was paid in from and where it was transferred or withdrawn ? And Barclays had a massive problem with accounts being used in money scams such as the Ebay Car scams ( which we have seen a lot of on this site ).

I'm not saying that is what happened in your son's case, but it could be what was suspected that lead to the marker.

Hopefully the prepaid card will make life a bit easier for him until the marker is removed.

[seduraed]

Re: Advice Please - CIFAS

He mightold look at a credit union account the one I have has a prepaid card attached to it . However you do have to keep £5 in the account.