Can category 6/first party fraud marker be removed

[vimto456]

Hi,

This will probably be a long post as I want to be as informative as possible.

If anyone could help that would be great.

My first ever bank account was with Halifax which my mum set up for me however in December 2011 I switched my account to Lloyds TSB because Halifax wouldn't allow me to have a visa debit account because I did not have a job at the time (I quit my job a month before due to ill health)

In May 2012 I was posting adverts on Gumtree to try and find a job and was contacted by someone who I naively thought at the time was contacting me with a genuine job opportunity. They sent me a cheque in the post which I took in to my local branch to ask them if the cheque was legitimate as I had never seen a cheque like that before or heard of the bank. I asked 2 of the counter staff who assured me that it was legitimate and proceeded to complete a "security check" because it was a high value cheque. I explained to them what had happened but they again reassured me that the cheque was legitimate.

However a few days later I the money was leaving my account and then I got a letter saying my bank account was going to be closed. I tried several times to complain and ask them to reopen my account but they always refused to talk to me.

I did report this crime to action fraud and was given a crime reference number and referred to victim support who explained that the bank may reopen my account but they have always refused to acknowledge me.

Looking back I realise how naive I was however I did explain the circumstances and query if the cheque was real. I suffered from viral encephalitis which is inflammation on the brain and also have autism which may not be relevant but I do feel that it is relevant as I do never really understood banks and also was going through a bad time was often incoherent had blackouts, poor judgement etc.

The questions I have are as follows:

Can a cifas warning be removed? How can I prove my innocence? I only recently found out about the cifas marker as I never knew cifas existed and the marker never showed up on my credit files.

Can I eventually open a bank account/apply for a mortgage?

I know I probably cannot apply for credit but if I tried to get a flat of my own and a credit check was conducted would the cifas marker show up/prevent me from being able to rent somewhere? I have a new job which is quite far away so need to move out asap.

If anyone can help it would be much appreciated, this has made my mental health deteriorate and I cannot take it anymore. I know life is unfair but I really do think the cifas warning is undeserved. I do want it removed but do not know where to start and it has taken so much courage to write this I received the response from cifas a few weeks ago but was too scared to post as I am unsure how this will work out but need to face up to it.

Thanks in advance.

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

A cifas only lasts 6yrs. If this was in 2011 then it'll drop off next year.

Can you confirm,

1. When did this cheque carry on occur?
2. Do you have a crime reference number?
3. Have you contacted CIFAS to get a SAR - how do you know there is a CIFAS registered?
4. When did you formally complain to Halifax?

They won't reopen the closed account now. Forget that path. Try not to worry and once you reply I'll help you if possible.

[vimto456]

Re: Can category 6/first party fraud marker be removed

Hi

Thank you for responding.

The cheque stuff happened late May/early June 2012.

I do have a crime reference number. I did only report it in 2013 as I saw the poster for them by chance at a hospital.

I did contact cifas I got the SAR back about 2/3 weeks ago.

It was Lloyds TSB that I complained to, I've never written a letter I've been into branch and they've rang the people who deal with fraud for me and I've always been told that they wanted a Lloyds tsb reference but a crime reference number wouldn't help.

Sorry for the confusion it was Lloyds tsb that added the cifas marker in 2012. I only mentioned Halifax because on thr cifas it mentioned that the account was opened to commit first party fraud but that isn't the case at all.

Ì wouldn't want an account with them now because of how they've treated me but I do want to have a bank account and hopefully get a mortgage.

Thank you for responding.

[vimto456]

Re: Can category 6/first party fraud marker be removed

Just to add I've contacted Lloyds several times to try and complain/find an address to write to. This was June 2012, February 2013, July/August 2014 and I went once in 2015 but not sure when.

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

Hiya

Ok, well CIFAS is the point of contact for complaint, not the bank.

Right, lets get this clear - you did bank with Halifax and then got a cheque and tried to open a new account with Lloyds or is that wrong? Where do Lloyds come into things? In 2012 Halifax was part of HBOS but it is now part of LBG (Lloyds Banking Group) so I am unsure if you're talking to Lloyds because they are now the parent company?

In essence forget the bank for now - but for clarity, please confirm who you banked with as I am confused. Are you saying you banked with Halifax (HBOS) and paid the cheque in and they then closed the account?

I am struggling to get the link with Lloyds.....

[Pixie]

Re: Can category 6/first party fraud marker be removed

I don't know if this helps Niddy but in post #1 vimto says

My first ever bank account was with Halifax which my mum set up for me however in December 2011 I switched my account to Lloyds TSB because Halifax wouldn't allow me to have a visa debit account because I did not have a job at the time (I quit my job a month before due to ill health)

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

Thanks - that helps. But just need clarity was the cheque paid in to open the new Lloyds account or was it already open then you paid the cheque in XX months later?

[vimto456]

Re: Can category 6/first party fraud marker be removed

Hello sorry for the confusion I sometimes struggle to find the right words to explain things.

The account with Halifax was closed by me in December 2011 (I switched my account to Lloyds TSB in December 2011)

Then the cheque was payed in to Lloyds TSB in May 2012.

On the cifas report it seems Lloyds claimed the sole purpose of opening the account was to pay in the cheque but it wasn't at all the case.

Things like this really confuse me it's making me so stressed atm just thinking about it all.

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

Ok chill out - I'll sort you a response to send to lloyds now........

In a nutshell it is a 3-pronged attack;

1. Formally complaint to Lloyds
2. Get a Final Response letter
3. Complain to CIFAS direct
4. Complain to FOS

By then you could have the CIFAS removed

Give me ten mins to type you a response to send to Lloyds.....

[vimto456]

Re: Can category 6/first party fraud marker be removed

Thank you so much. I hope it works. I'm such a nervous person anyway but this is affecting my sleep etc.

Thank you so much for taking the time to help me I really appreciate it.

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

quickly

1. how much was the cheque for?
2. how old were you in May 2012?

Thanks

[vimto456]

Re: Can category 6/first party fraud marker be removed

It was £3000. (As ridiculous as it sounds I genuinely thought it said £300. I was on a lot of medication at the time due to the inflammation on my brain. They probably don't care about that but I do have medical evidence if necessary)

I was 18 at the time and still in college.

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

Ok sit tight - brb

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

Ok, send this to Lloyds using registered post so you get a signature when they receive it - yes it will cost a couple of quid but you need this so they can't just ignore you.

You need to edit the parts shown and then copy / print the letter. You need to send it here - Lloyds Bank, Customer Services, BX1 1LT

================================================== ==============

Lloyds Bank
Customer Services
Complaints Department
BX1 1LT

Ref: Account Number - 12345678 (add account number if you remember it - if not put your full name and address as at the time the account was live with your date of birth)

I write with reference to previous communication and your lack of any response and now I am formally complaining, prior to seeking legal advice regards your treatment of me.

As previously explained, and backed up with evidence, you have incorrectly added a CIFAS marker against me and I wish to appeal for you to remove the entry - without reopening the account as I'd never bank with you again after this treatment. My reasons are detailed below;

1. I was the innocent victim of attempted fraud. This occurred when in May 2012 I was posting adverts on Gumtree to try and find a job and was contacted by someone who I naively thought at the time was contacting me with a genuine job opportunity. The person sent me a cheque in the post which I took in to my local branch to ask them if the cheque was legitimate as I had never seen a cheque like that before or heard of the bank. I asked 2 of the counter staff who assured me that it was legitimate and proceeded to complete a "security check" because it was a high value cheque (although it was just £3000). I explained to them the background with Gumtree and the job etc but they reassured me that the cheque was legitimate so it was paid into my account and I left. A few days later things came to a head when I received a letter saying you were going to close my account because of fraud.

2. I suffer from viral encephalitis which is inflammation on the brain and also have autism and I feel that it is relevant as I never really understand banks and was also going through a bad time i.e. I was often incoherent, had blackouts, poor judgement, etc. I was just 18 years old at college and thought I had got myself a good little job - why would I think I was being used in any way? I was an 18 year old still in education!

3. I reported the attempted crime to Action Fraud and was given a crime reference number and referred to victim support. The reference number given by Action Fraud is: XXXXXX

4. I have contacted you on several occasions to date, explaining my side of things but you have simply ignored me. This is unacceptable and my next step will be to formally report your actions to the regulator and consider legal action because I feel instead of helping me to resolve matters at the time, you have simply binned me and ignored all my efforts to assist you in this matter.

I do not want you to reopen my old account all I want is for you to recognise that it was an innocent, naive mistake that could have been made by anyone. The fact that I spoke to staff in branch about the cheque and the fact that I do have mental disabilities should be taken into account. I am innocent in this and because of naivety I am suffering even more which is affecting my mental health and general well-being.

Please reconsider my appeal to remove this CIFAS marker. Failure to acknowledge my letter or deal with this in a sensitive and understanding manner will leave me no option but to seek legal advice because I genuinely feel you could have handled this much better.

I look forward to your response, or final response letter, within the next 14 days.

The following details will help you to locate me on your systems:

Full Name: ADD FULL NAME
Address: ENTER ADDRESS AT TIME OF FRAUD IN 2012
Date of Birth: ADD DATE OF BIRTH

Yours faithfully,


Full Name
Current Address

[Never-In-Doubt]

Re: Can category 6/first party fraud marker be removed

Once you get a reply from Lloyds, let me know on here please. If I miss it send me an email - webmaster@all-about-debt.co.uk and attach their letter and I will then advise next-steps (if any)...

try not to worry, it will be gone in a year anyway so it's not the end of the world however you look at it. Do not apply for any credit though as the CIFAS will block all account applications from being approved so it's a waste of your time.