Bank accused me of committing fraud.

[Ollie]

Hello

I have been reading lots of threads about cifas markers and I found this forum to be very useful.

My bank has left me in a very difficult situation and has made me extremely depressed and stressed.

Basically I had a basic debt card that was very old. Since September the card sometimes did not work in certain ATM's so I would try various other ATM's machines until I managed to withdraw money out. I was not bothered about this because it wasn't causing me any problems (stupid I know).

So fast forward to December I get employed with the bank I was banking with. In March I was visiting a friend in the city so I tried to withdraw money out for the day. My card was not allowing me to withdraw any money from every ATM machine so I contacted my bank and told them my card is not allowing me to withdraw any money. I told them due to me having the same card since 2013 I thought the card was faulty. The bank said the card hasn't been reported as faulty and my account was being reviewed by head office and someone will contact me in 3 days. So I couldn't use my account to withdraw money out so I ended up traveling home straight away as I couldn't withdraw any money.

I got a call back from head office and they accused me of conducting ATM reversals on the account. I didn't even know what ATM reversals was at that time. I pleaded with head office that I haven't committed fruad but they didn't care. Was told to go branch and collect my money in cash. So I went to the branch took my money and branch staff told me I could dispute it after 1 month.

So eventually I got dissmed from the bank I was employed with a couple weeks later. Which made me extremely stressed and depressed. So I put a complaint they day after I was fired over the phone and got the final response letter a couple weeks later. They claimed I started doing ATM reversals in December but I told them you employed me in December so why would I commit fraud in the same month I was employed with the bank. I told them this problem with my card has been happening before December aswell. I told them why don't they have cctv of me committing the fraud, they told me because they are chip and pin transactions they have sufficient evidence.

Pathetic really.

So a few weeks later I wanted to forget about this situation and open a bank account with a different lender. I wasn't able to open a bank account as I recived a letter saying I had information on the cifas system. I made a SAR on cifas which came back last week.

So this part I need help with....

The bank made a entry for first party fraud against me. But just below the information they submited against me it says:

"checks done by the member confirmed the details are incorrect or the party who confirmed the details were not valid."

So I want to know what should I do now. I have told me dad about this situation and he's telling me to find a solicitor. Can anyone recommend solicitors that are competent in cifas, most solicitors don't know what cifas is.

Does cifas conduct their own investigation on people for first part fraud cases? If so, I am really happy with the cifas report. However, the bank must remove the marker I think, cifas can't do it.

ATM reversal means withdrawing money from ATMs but no money leaves your account.

Thank you

[Joanna Connolly Solicitors]

Hello

I would start by sending a Subject Access Request to the bank so you can see what data/information they hold on you about this situation.

What was your job at the bank (just a general description)?

I also think you may need to establish whether you were unfairly dismissed (or not) if there is eventually no evidence of fraud by you.

Di

[Ollie]

Hello Di

I wanted to do a SAR on the bank but my father told me let a solicitor do it as they will be given more information that myself would not have access too.

I was working in the customer service department.

As for the unfair fair dismissal. I was in a temp contract that started in December for 1 year. So I don't think I can actually qualify for a unfair dismissal. As you need to be working at the company for more thank 2 years.

The jobs isn't really my main concern, I just want to be able to bank freely again

[Joanna Connolly Solicitors]

Hello Di

I wanted to do a SAR on the bank but my father told me let a solicitor do it as they will be given more information that myself would not have access too.

I was working in the customer service department.

As for the unfair fair dismissal. I was in a temp contract that started in December for 1 year. So I don't think I can actually qualify for a unfair dismissal. As you need to be working at the company for more thank 2 years.

The jobs isn't really my main concern, I just want to be able to bank freely again

I was thinking that if you were dismissed for a fraud that you didn't commit then it doesn't seem fair to have lost your income for the rest of the year's contract. (A lot will depend on the terms of your contract and whether you walked into another job straight away.)

The bank is obliged to send you all data/information held on you in response to your SAR.

However they may decide to redact some of it. If they do that then a solicitor may be able to force them to disclose more information (any bits they blanked out) but you should still send for a SAR yourself. It's been free to do that since 25th May

If a solicitor is asked to help you with this they will need to know as much as possible first, in order to advise you on whether you have a good chance of getting this sorted.

Di

[Never-In-Doubt]

For the benefit of others, who don’t grasp the concept - Transaction Reversal Fraud (TRF) is one of the most serious cases of bank fraud. Essentially you can’t do it yourself, you need two persons (or 4 hands). Typically it’s where you may have £100 in your account and at the exact moment the ATM is dispensing the cash, someone elsewhere spends and gets an authorisation against the same funds.

Example, I photo my partners card and she goes to the ATM to withdraw the last £50 in the account - but as she’s putting in her PIN, she calls me and I purchase something online at the exact same time she selects the £50 cash withdrawal. The withdrawal occurs as there’s funds, but so does the online purchase I made. Result is -£50 OD.

That’s what you’re accused of. To be fired in post says they have you on cctv and / or a sequence of security unknown to A.N Other. So you must have been involved - denying it won’t help, it’s the most difficult bank fraud and the fact you worked at the bank really won’t help as such examples of typical fraud is explained in training etc. Basic bank clerk / CSO training.

So a SAR won’t be beneficial as the data they have is secure internal data and will never be released, they must protect their assets and regardless will never give-up fraud operation data.

You say the job doesn’t matter. Sorry, that’s all that SHOULD matter. So I’m slightly confused, unless you were involved. Regardless, unless you can prove you weren’t complicit then the marker will stay. Such proof would be you making the online purchase in Russia whilst the ATM withdrawal occurred in London. Point is, you must be involved. Otherwise, who had the card? The odds of an online purchase in the same 3 seconds of awaiting the atm to dispense isn’t pure luck.

Was the card cloned maybe?

Sorry. You’d be best seeing out the 6 years or getting proof (almost impossible). Fighting it if you were involved will lead to a much bigger issue should the bank decide to pursue you.

[Never-In-Doubt]

ps please don’t think I’m having a go. I’m just saying how the lender will look at things. I couldn’t care less what happened

[Ollie]

Hello Never-in-doubt,

Please read my post again. The bank told me they have no video footage and the cifas report says the party who confirmed the details were incorrect. I even got the bank to tell me the last time I allegedly did a ATM reversal so I could get video footage of myself doing nothing fraudulent. The bank didn't want to get video footage. However, I was unsuccessful in gaining footage.

If you are saying ATM reversals is that serious of a criminal offence, then why haven't I been interviewed by the police? No charges have been made against me. I even wrote to the bank asking them to refer my case to the police, which they didn't.

ATM reversals was never covered during my employment with the bank.

Point is, I couldn't care less what you think happened honestly. I think TRF and ATM reversals are two completely different things. I could pm you explanation the bank gave me regarding ATM reversals if you want. You won't believe it.

Of course im going to fight it... because I'm not involved

[Never-In-Doubt]

Hiya

Yea please pm - happy to help where possible.

Presumably theyre using the old “blocking the cash shutter” with your hand to send the error message but when you remove your hand the cash is dispensed? The newer ATM’s got rid of that flaw lol