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  • Help Needed - trying to appeal a CIFAS warning

    Hi All,

    Desperately hoping for some form of advice. It is in relation to my partner. He has a CIFAS warning raised against him for First Degree Fraud. He took a car on finance with a company and shortly after lost his job. As a result he didn't make any repayments to the car and it was repossessed. They have stated on the CIFAS warning that the reason it has been raised is due to 'evasion of payment'. However, as he had lost his job at the time he didn't have anything that he could pay.

    In addition to this he was also suffering from severe depression and anxiety at the time. We have the note from the mental health professional outlining this.

    I raised a complaint with the financial institution to try and get this raised on the basis that my partner had been made redundant and due to the mental health issues he was suffering from at the time he buried his head in the sand. What are the chances of getting this CIFAS warning removed? Do they take external factors into consideration or because he didn't pay will they uphold the warning?

    Thanks in advance

  • #2
    Originally posted by louh1994 View Post
    He has a CIFAS warning raised against him for First Degree Fraud. He took a car on finance with a company and shortly after lost his job. As a result he didn't make any repayments to the car and it was repossessed. They have stated on the CIFAS warning that the reason it has been raised is due to 'evasion of payment'. However, as he had lost his job at the time he didn't have anything that he could pay.

    . . . . I raised a complaint with the financial institution to try and get this raised on the basis that my partner had been made redundant and due to the mental health issues he was suffering from at the time he buried his head in the sand. What are the chances of getting this CIFAS warning removed? Do they take external factors into consideration or because he didn't pay will they uphold the warning?

    Do you know what was meant by "evasion of payment" and has he asked CIFAS for evidence of whatever they believe he did wrong?

    Normally non payment of a loan or HP would be pursued through the county court by issuing legal proceedings to recover the debt.

    Or is there a suggestion that he took out the loan based on false information or knowing he would never be able to pay it if the job loss was already predicted (such as redundancy)?

    He should send a Subject Access request to the finance company as a starting point to find out what went on.

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    • #3
      Hi Diane,

      The claim is that he took out the car on finance on this basis that he had no intention of ever repaying the debt.

      We raised a complaint with the company, however they responded saying that they are going to uphold the CIFAS warning as no payment was made to the car and they believe he did evade payment.

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