CIFAS warning

[crk81]

Since your last warning, i had 3 warnings on my account and the last one was put on in april 2005 so by april 2006 they got took off my account, i had to "TELL" experian to remove them or they would have just left them on my file.

[krakan]

Sorry, am a bit confused. What do they mean when they say, while the activity continues. I got mine for exageratting my income. What would be seen as continuing this?

 

Exagerating your income again.

[crk81]

exagerating your income on a credit application yes is a reason but a year after your last activity would be a time for them to get removed.

[krakan]

exagerating your income on a credit application yes is a reason but a year after your last activity would be a time for them to get removed.

 

That's what I understand - have I read correctly though that you must write to experian/equifax/callcredit directly and request the removal of the CIFAS information?

[crk81]

A year after the last CIFAS information yes, as experian didnt remove mine until i told them to.

[purplefile]

E'cuse me jumping in on your post.

 

Are there any numbers beside the CIFAS entry?

Made up Equifax entry reads like this

 

Client name Homeloans

Date recorded 03/02/1999 Case number 12392C

Category 03.(99)

 

As far as I can tell this category number indicates the severity of the alleged fraud and thus determines the length of time it will sit on your report.

 

These categorys seem to indicate to other lenders whether it was a finance fraud or insurance fraud and what level of fraud.

 

As of 19th July CIFAS will also have access to government records including council or local authority housing tenancies with more to departments to come on board in the future.

 

Only an opinion -

[crk81]

Thought this might also help:-)

 

CIFAS Online - Frequently Asked Questions

 

The CIFAS categories are as follows:

 

0 Protective Registration – Recorded at request of the person named or to protect the identity of a deceased person1 False Identity Fraud - Use of a false name with an address

 

2 Victim of Impersonation - Use, by another person, of this name and/or address

 

3 Application Fraud (Facility Granted) - An application/proposal for any facility with one or more material falsehoods in the information provided - the facility was granted

 

4 Application Fraud (Facility Refused) - An application/proposal for any facility with one or more material falsehoods in the information provided - the facility was refused

 

5 Conversion - Conversion (disposal or sale) of goods (to which the hirer/buyer does not have title) under a hire-purchase, conditional sale, contract hire, leasing or rental agreement

 

6 First Party Fraud - Opening an account or other facility for a fraudulent purpose, or the fraudulent misuse of an account or facility

 

7 Aiding & Abetting - Aiding, abetting or assisting, or conspiring with, another or others to fraudulently procure credit, hire or other facilities, or other product or service

 

8 Insurance Claims Fraud - The making of a claim(s) under one or more insurance policy(ies) with one or more material falsehoods or by presenting a false or forged document

 

Where a CIFAS record is marked with a category '0' this means the entry on the database has been made at the request of the person named. In the majority of cases, the person has been a victim of a crime such as burglary or mugging and has had personal documentation, which could be used to fraudulently open an account, stolen from them.

 

The other categories describe different types of fraudulent activity. Particular attention should be paid to category 2. This category covers the 'victims of impersonation'. Their details appear on the database for their own protection. The information does not mean these individuals have committed frauds.

 

Category 6 covers a variety of situations. For example, someone who deliberately reports their credit card as stolen, when it has not been stolen and they are continuing to use it would be covered by this category. The same would apply to someone who reported they have not received some goods by mail order, when the goods had been delivered and the individual was using them.

[purplefile]

good post

 

seems that my guess work was not too far off the mark.

Off for a good read

 

Thanks

[blacksheep1979]

Just got a recorded delivery message from hitachi today (guys who put the CIFAS entry on my record) anway they are still standing by it even though some of the data they are using is incorrect - they believe I was living at a property on a given date (during last 4 years) when I wasn't. Now even though I was living at another address which they know about (although it was a temp student accomodation) do I have grounds to demand this entry to be removed?

 

ie filling out credit application

 

current address xxxxxxxxx

time at address 20 years

if less than 4 years please give other addresses

 

I didn't give other addresses as I had lived at my 'permanant' home address for over 20 years but on my credit file (due to being a student) I had a few other addresses listed and hitachi have given 2 of these as reason for the CIFAS warning - one I didn't live at in the previous 4 years (and can prove) and the other I did as a student, but it would have been for less than half the time during the year I was there.

 

Now I've just been refused a mobile contract - was given one almost two years ago when my credit was worse/same and the only difference now is this CIFAS warning.

 

Do I have any claim for recompense as their (I believe wrongly filed CIFAS warning) has cost me a new phone and better contract.

[totaltime]

Hi everyone - my first post!

 

Im in same boat - had a CIFAS flag placed on my account for missing out a number fo uni addresses. Can you post an example of the letter I need to send to the agencies to get the flag removed?

 

Thanks for your help,

[blacksheep1979]

Well they aint removing mine, so wouldn't use my letter

 

Just write telling them it was a temporary address as you were a student and want it removed, if they don't then escalate it to CIFAS themselves (what I'm in the process of doing).

[totaltime]

The CIFAS is against my current address - Ill try and write a letter to experian tomorrow and see what happens.

[blacksheep1979]

Experian can't do anything you have to write to the people who placed the entry on your record

[totaltime]

A year after the last CIFAS information yes, as experian didnt remove mine until i told them to.

 

If I contact the organisation who placed the fag in their eyes it was still fraudulent as i didnt give all my addresses - as a year has now passed would the credit agencies not remove the flag as there has been no activity for over a year?

[blacksheep1979]

ah yes, se where you're going yes write to experian equifax and call credit and request they remove the entry.

[Tinkerbelle]

Also read this thread and weep with joy

[blacksheep1979]

? sorry slightly confused - what has that to do with CIFAS - the only mention is right at the end with one user having a judge say that as he hasn't got any CIFAS warnings is a good thing and someone else saying they requested one against ID theft

[Tinkerbelle]

Post was intended for the OP. The link points to another forum members advice on cleaning up one's credit file, which in turn could assist with the removal of the CIFAS entry.

[blacksheep1979]

I am the OP

[THEVARNSTER]

Data protection act:

Crime and taxation. 29. - (1) Personal data processed for any of the following purposes-

• (a) the prevention or detection of crime,

• (b) the apprehension or prosecution of offenders, or

• © the assessment or collection of any tax or duty or of any imposition of a similar nature,

are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.

(2) Personal data which-

• (a) are processed for the purpose of discharging statutory functions, and

• (b) consist of information obtained for such a purpose from a person who had it in his possession for any of the purposes mentioned in subsection (1),

are exempt from the subject information provisions to the same extent as personal data processed for any of the purposes mentioned in that subsection.

(3) Personal data are exempt from the non-disclosure provisions in any case in which-

• (a) the disclosure is for any of the purposes mentioned in subsection (1), and

• (b) the application of those provisions in relation to the disclosure would be likely to prejudice any of the matters mentioned in that subsection.

(4) Personal data in respect of which the data controller is a relevant authority and which-

• (a) consist of a classification applied to the data subject as part of a system of risk assessment which is operated by that authority for either of the following purposes-

• • (i) the assessment or collection of any tax or duty or any imposition of a similar nature, or

• • (ii) the prevention or detection of crime, or apprehension or prosecution of offenders, where the offence concerned involves any unlawful claim for any payment out of, or any unlawful application of, public funds, and

• (b) are processed for either of those purposes,

are exempt from section 7 to the extent to which the exemption is required in the interests of the operation of the system.

(5) In subsection (4)-

• "public funds" includes funds provided by any Community institution;

• "relevant authority" means-

• • (a) a government department,

• • (b) a local authority, or

• • © any other authority administering housing benefit or council tax benefit.
  • 
    
  • 
    
  • What i believe this means is, that if your data is being used for prevention of crime, its not subject to all conditions, but is subject to schedule 2+3
  • 
    
  • 
    
  • SCHEDULE 2
    CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF ANY PERSONAL DATA 1. The data subject has given his consent to the processing.
    2. The processing is necessary-
    • (a) for the performance of a contract to which the data subject is a party, or
    • (b) for the taking of steps at the request of the data subject with a view to entering into a contract.

    3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

    4. The processing is necessary in order to protect the vital interests of the data subject.

    5. The processing is necessary-

    • (a) for the administration of justice,
    • (b) for the exercise of any functions conferred on any person by or under any enactment,
    • © for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
    • (d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

    6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

    (2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

     

    [*]The point i would make, is that CIFAS

    are not the 'administration of justice'

    but a group of financial organisation,

    coming together to prevent fraud.

    They are not a government organisation

Therfore what right do they have to hold our subject data, without our consent.

Any opinions???

[krakan]

Right, well I wrote a letter to Experian as suggested above in the post - basically saying that I understood that CIFAS entries were supposed to be removed one year after the last 'incident' - since that has now passed, can it be removed.

 

Response was:

 

The length of time a CAFIS warning is recorded depends on how long the fraudulent activity continues. Members are able to extend the time a warning is laced against an address to protect the address from fraud.

 

So, there you go then.. Who to contact next, Orange (the member) or CIFAS themselves?

[newarklad24]

I am writing this on behalf of my dad, he applied for a great universal account on a laptop where they asked for the date of birth he thought he hit 1955 but instead it skipped to 1953 didnt relise until the account had been opened, he then received a letter from the investigations department asking to ring them so he did, he explained the situation that it skipped a couple of digits on the birth year, the badly mannered staff member told him that he didnt believe him and that the accont as now been closed, so now a CIFAS warning will show on his file, but he is worried would they invlove the police in this matter, from a genuine mistake??? please help my dad.

[buzby]

Firstly, it remains NONE OF THEIR BUSINESS your dad's DoB is there for his benefit (cards, presents) not theirs. I change by DoB regularly with suppliers - I use it as an 'additional security question' and providing I use the same details there is no problem. What his REAL DoB is is nothing to do with them, so police involvement is not relevant unless he planned to defraud.

[juliesearle]

they stay for six years - that why I'm ****ed off as I didn't lie told them where I had been living for over 20 years

 

and the real bitter pill - I was on the verge of buying it without the finance anyway (which I did the day after finance was turned down)

 

hi.if you go on equifax..it is only a year it stays on your file....