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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11629
Experience:  Senior Associate Solicitor
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Remove my name from the fraud list, London, raised a concern

Customer Question

Remove my name from the fraud list
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: raised a concern to the bank
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. BackgroundI found a house I wanted to buy and asked my mortgage advisor to apply for a mortgage in Natwest. My mortgage was declined and I have been blacklisted. My current bank, - Barclays - is closing all my accounts and I can't open a new bank account in any UK-based bank.I tried to understand the reason and applied for Cifas. Based on its report one of my bank statements was altered and Natwest accused me of application fraud. It can't be true as I downloaded all the bank statements from my mobile application and sent them to my mortgage advisor.At the moment, none of the Natwest teams can help which is very frustrating as the whole situation can impact my work and personal life, and my mortgage history.
Submitted: 9 days ago.
Category: Law
Expert:  JimLawyer replied 9 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. Whilst it is quite comment, you need to get this fraud marker removed and indeed you have a valid reason to do so.

First of all, unless you have already done this, you will need to make a formal complaint to Natwest here:

If they uphold your complaint they can remove the marker. You need to detail why the Cifas marker was unwarranted. If they reject your complaint then ask them for a final response letter (a "deadlock" letter) and then you need to escalate the dispute to CIFAS themselves who will do an independent review of the case. The address to write to is :

Cifas
6th Floor, Lynton House
7-12 Tavistock Square
London
WC1H 9LT

That should take no longer than 14 days to complete. If CIFAs agree with the company which registered the marker, you would have to escalate it to the Financial Omudsman Service (http://www.financial-ombudsman.org.uk) who can review the evidence and they can order the CIFAS marker to be removed.

If you want to find out if CIFAS holds any fraud data against your name, you can make a subject access request to them here:

Ultimately, if Natwest and CIFAS refuse to remove the marker, the Ombudsman is your last chance so you do need to go through the process and reach the Ombudsman stage - all being well they will uphold your complaint and the marker will be removed as if it was never put on your credit reports.

I hope this helps and answers the question - please feel free to ask me anything else. .

Have a good day,
Jim

Customer: replied 9 days ago.
Thank you very much, Jim.
I did raise a formal complaint with Natwest and received the response that they correctly applied their lending policy and process and there is no exception to overturn this decision. But I'm not sure it's a "deadlock" letter you're talking about. I will ask my mortgage advisor to have a look.
I will certainly proceed with all the recommended steps but I'm wondering if it makes sense to hire a solicitor who can act on my behalf. It seems the bank doesn’t take me seriously.
One more concern is that I will need to extend my visa in two years I want to make sure this misunderstanding won't impact my case.
Please advise, Olha
Expert:  JimLawyer replied 9 days ago.

Thanks, ***** ***** a deadlock letter is simply their final response and that response does not resolve your complaint. A solicitor could do this though you would be paying them to follow the steps which I outlined, but it's your choice of course. I do not see this affecting a visa, generally it's CCJ's and evidence of poor money management which may affect that but you would need to ask an immigration expert on this site to be sure.
Many thanks

Customer: replied 9 days ago.
the last one :) If I follow all the steps and will still need solicitor help. Can you or someone from your team to help?
Expert:  JimLawyer replied 9 days ago.

Hi, I couldn't as solicitor-client relationships are not permitted on this site, however there are a couple of self-employed solicitors who work on this site too and they could do it externally. You would need to post a new question to ask for representation to deal with the fraud marker and one of them should pick it up for you and you can speak to them at that point.

Customer: replied 9 days ago.
Got it. Thanks a lot, Jim. Have a lovely day!
Expert:  JimLawyer replied 9 days ago.

My pleasure, and you too, thanks