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SolicitorRM, Solicitor
Category: European Law
Satisfied Customers: 3632
Experience:  Director and Principal Solicitor. UK
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I have an issue with a wrongfully placed CIFAS marker and

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hi, I have an issue with a wrongfully placed CIFAS marker and have drafted a letter to NatWest and was wondering if you could read over the letter and provide me with guidance as to, the chances of the marker being removed, anything else I should include in this letter and if this letter was rejected by the bank who I would appeal to next (if it would be the ombudsman). my letter is as following;

Hi thank you for your enquiry and patience. I will review the letter now.

Customer: replied 10 days ago.
Thank you, ***** ***** your response.

Hi, I have had the opportunity to read your draft letter. I am sorry to hear of your situation. This is going to be purely based on the bank's discretion regrettably. That you did allow another person who was not named on your account to use your card and your card was used to commit an offence is what links you to the offence and hence the CIFAS marker. You were a victim in your relationship, however the bank will be concerned that you waited a long time before contacting them and as sich they will not have been able o recover money taken from your account by the fraudsters.that they are asking you to pay the £1000 shows they believe you were party to the fraud. Did you tell the police you had been forced to give your bank details? if you had that report could be of some assistance. The reasons you are seeking to get it removed are not legal grounds and they appeal to the bank's understanding and discretion and for that reason the draft that you have done would be ok. If you can get a supporting letter from your doctor if your mental health issues are on your file or if you ever told them of the abusive boyfriend that would really help your case. Please change plea to plead.

I hope this helps but if you would prefer to talk to me you can ask the call offer and I will be able to address any further questions you may have by phone. Calls are chargeable so please do not accept if the chat is sufficient for you. All the best

Customer: replied 10 days ago.
Thank you for your swift and thorough reply. I definitely understand I had breached the terms and conditions. I also understand they will not recover money due to the time it has taken me to come forward - however, at this point I’m not concerned as money comes and goes and I just want my financial independency. I had not told the police at the time, only my therapist, therefore I can only provide them with a letter from my doctor. Thank you I will also change plea to plead.
As I know this at full discretion of the bank. If they do not see fit to remove this - what else am I able to do ?

You are welcome. If your doctor's letter is very supportive of you and can show that you were a victim yourself then hopefully the bank will understand if they still refuse to do anything with the marker and their reasons for refusal are unreasonable then you can escalate to the Financial Ombudsman service

Customer: replied 10 days ago.
Thank you - that is very helpful and I feel hopeful after these two years that I won’t have to keep this burden.

No problem. You were very young too at the time so i would like to think your therapist/doctor will mention that too.

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Customer: replied 10 days ago.
definitely - I will aim to get this all included in my letter from my doctor. I can most definitely do that for you. Once again thank you.

Thank you for your feedback, it is much appreciated.

Customer: replied 10 days ago.
Hi - it’s malaika again - I just wanted to ask when they receive the letter and the doctors note attached to it. Are they legally allowed to contact my doctor or will the letter be sufficient?