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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8405
Experience:  Dual qualified Solicitor and Attorney
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I have a cifas marker on my name which was put by RBS where

Customer Question

i have a cifas marker on my name which was put by RBS where they are tagging me fraudulent and this has now affected the only bank account that i have for wages and self employment. i have gone to RBS this morning and they are telling me that they can’t remove the marker on my account I have lost up to £54,00 due to this
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: not yet i only got the information from Cifas and i spoke with RBS manager this morning and she could not do anything about it
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: which workplace are you talking about
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nothing else
Submitted: 23 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 23 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 23 days ago.

Have you spoken to Cifas about the marker?

Customer: replied 23 days ago.
i have spoken to them and it’s put on by Royal Bank of Scotland
Expert:  Jeremy Aldermartin replied 23 days ago.

The issue here is likely to be that you have a CIFAS marker, CIFAS stands for ‘Credit Industry Fraud Avoidance System‘, a not-for-profit fraud prevention membership organisation. It operates as a fraud prevention service, and manages the largest database of fraudulent conduct instances in the UK. Membership of the organisation encompasses a wide range of sectors, with members sharing their data with the aim of reducing fraud and crime. Most financial institutions are members of the CIFAS, and through it they share large amounts of data about companies and individuals.

CIFAS markers are adverse judgements through which one institution, be it a bank, loan company or an insurer, for example, can warn another about risks associated with a potential customer.

There is a range of markers that may appear on your file though the most likely is that for Misuse of Facility: this is where an account or other facility is obtained, with the deliberate intent of using that facility for a fraudulent purpose. This can remain on your file for up to six years.

They can however be removed. the steps are as follows:

Step 1: Request a CIFAS letter

Make a Direct Subject Access Request (DSAR) to CIFAS, requesting a letter setting out the details of the marker(s) that they hold on their database.

This can often be a relatively small amount of information, and the institution that supplied it is not required to provide the evidence this was based on.

Step 2: Contact the institution that issued the marker and request removal

Once the CIFAS letter has been received, you can then contact the institution that issued your marker to request further information before asking for the marker to be removed.

Step 3: Request CIFAS review

If the institution turns down your request for the marker to be removed, you can then request a review directly with the CIFAS, provided that a final response letter has been issued by the institution.

CIFAS are required to adjudicate on the matter within 14 days.

Step 4: Complain to the relevant ombudsman or complaint service

If CIFAS uphold the institution’s decision and refuse to remove the marker, it’s possible to raise a complaint with the relevant ombudsman for the institution that put the marker in place.

If, for example, it was a bank, then the Financial Ombudsman would be the relevant authority to contact.

If it was a mobile phone company, the relevant ombudsman would be the Communications and Internet Services Adjudication Scheme (CISAS).

You can read more about CIFAS here: https://www.cifas.org.uk/

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 23 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day