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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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New view on CIFAS..


THEVARNSTER
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As i have read, cifas is a non profit making organisation.

NOT A GOVERNMENT ONE, (maybe i'm wrong)

 

You can do a Data request (£10 one)

 

Technically they are a private organisation, so do they not need some rights to be able to issue a cifas warning on your credit file. It is your data they are dealing with, but what right do they have to pass on this information if you have no agreement, or contract with them.

 

Any views however unsignificant they may help. Lots of us are effected by these warnings, making it nearly impossible to get credit of any description.

Lets hear your views, please.

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Maybe its ok to store it, but are they allowed to share it.

I mean your bank cannot just go a tell the man next door your account details.

 

What more right does an organisation have to share acifas warning?

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One other thing, myself and another family member have a cifas warning at same address.

Mine is due to be taken of at the end of september, but his not to december. If i apply for credit is, it likely to affect me, that his is still registered against the address?

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  • 10 months later...

Hi THEVARNSTER ..

 

Few facts .. CIFAS is a not-for-profit organisation, but they are far from NGO .. it is an organisation encompassing A LOT of government agencies, including, would you believe, the security service MI5, the police, treasury, Revenues and Customs, and a bunch of others.

 

If you think dealing with the CRAs is bad, wait until you've had to deal with CIFAS. Although they say they are regulated by the FSA, they are in fact not, and because they have this government/private/voluntary unholy partnership and status, they are in effect above the law and will continue to be so until there is a test case taken through the high courts to prove otherwise.

 

Another bit of info: although the CRAs and CIFAS themselves tell you that no lender is allowed to refuse you credit simply because of the presence of CIFAS info on your file, this is a complete lie: if you read the fine print ALL bank account opening criteria (ALL but one: Alliance and Leicester), they point blank state that they will not offer even a basic bank account facility opening if there is any trace of fraud on your CRA files and that is actually means the presence of CIFAS information on your file. One exception: the so-called proactive registration.

 

Over the past 2-3 years, banks, credit card issuers and the CRAs have conspired to scare everyone into a panic about the so-called identity theft myth, and hence you now see CIFAS warnings tarnishing people's credit files whenever a half-witted idiot at the other end of a phone, sitting somewhere half way round the world decides that they feel like it.

 

More alarmingly, the mere presence of a CIFAS warning against yourself, even a pro-active reg, will encourage any credit provider to add one to your file "just in case" whenever an application fails.

 

Oh, and forget about getting it removed. I tried, for an entire 6 months, writing letters and complaining to CIFAS, the so-called member who registered it on my file, the FSA, the ICO, and by the time my letters were answered, the warning has of natural causes: one year and 2 months as the case seems to be for this filth to lapse.

 

One last bit of info: having a CIFAS warning on your file is actually stating that you have committed a criminal offence, ranging from deception to handling stolen goods, depending on the category of the warning which, you guessed it, is at the discretion of the registering body.

 

How do I know that ? I had one warning registered against me by good old HSBC. The reason: I made a mistake on the length of time I was at an address. To them that was deception, so instead of asking for verification, they registered a CAT 4 warning (material falsehood, facility refused blah blah), and needless to say, refused me a bank account. While the warning was in place, I applied to Welcome Finance for a loan and to (then) :ntl for a cable TV line, and presto: refused, with two additional warnings. And to be clear, I made sure my credit file was right infront of me when I applied to both those monkeys just to get the dates right. Both are about to expire in a couple of months time, but I think you get the picture.

 

Now to answer the question whether this does affect other member of the same household, and it is a simply YES. This is because CIFAS warnings are registered against an address as opposed to an individual.

 

Finally, and just to make you all feel just a little bit better: the 1-year time lapse is a minimum, and people have been known to have CIFAS warnings on their files for as long as 10 years, but this is in the extreme. Also, be aware, that as long as you are disputing the CIFAS warning on your file, the lender will continue to extend it.

 

Hooorrraaaa for Big Brother !!

 

prof.hell

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anyone can store data on you as long as it is accurate, equifax, experian etc are private companies

 

Hi blacksheep ..

 

Not entirely accurate: there are a number of principles that the DPA sets out for people holding data on a data subject, and accuracy is just on of them. There is the issue of necessity for example. There is also the requirement that those holding information on people be registered as Data Controllers, which is the subject of another thread I am about to start in the DPA forum.

 

Off-topic, if anyone is reading this because of CIFAS nightmares, please sign my petition on the Campaigning forum (CIFAS vs the rest of us). Let's get enough votes to start a CIFAS-specific forum, and let's take those Hitlers on.

 

Thanks ..

 

prof.hell

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  • 2 weeks later...

Some basic CIFAS history.

 

The old name CIFAS used to be know as was, the Credit Industry Fraud Avoidance System. It was, and is just that an Industry Fraud Avoidance System.

 

One of the services offered by CIFAS is Protective Registration. Even the Home Office, Identy Theft web site's advice page, advises members of the public who've fallen victim to ID theft to consider Protective Registration, costing £11.75 per year, is password based and I believe their call centre is based in Eire.

 

Unforunately not all lenders are CIFAS members, therefore when Joe Public (without reading or understanding the small print) signs up for Protective Registration thinking they are FULLY protected, they're not.

 

A much simpler means of protecting yourself while holding lenders to account can be found at Identity Theft protection, ID fraud prevention tips, Impersonation fraud assistance

 

CIFAS Website.

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Some basic CIFAS history.

 

The old name CIFAS used to be know as was, the Credit Industry Fraud Avoidance System. It was, and is just that an Industry Fraud Avoidance System.

 

One of the services offered by CIFAS is Protective Registration. Even the Home Office, Identy Theft web site's advice page, advises members of the public who've fallen victim to ID theft to consider Protective Registration, costing £11.75 per year, is password based and I believe their call centre is based in Eire.

 

Unforunately not all lenders are CIFAS members, therefore when Joe Public (without reading or understanding the small print) signs up for Protective Registration thinking they are FULLY protected, they're not.

 

A much simpler means of protecting yourself while holding lenders to account can be found at Identity Theft protection, ID fraud prevention tips, Impersonation fraud assistance

 

CIFAS Website.

 

Hi Jimmy,

 

Interesting post, though it's hard to see the point behind it .. trust me, I'm not seeking an argument.

 

Whether CIFAS provides a so-called "proactive registration" or not still does not provide the same advantage to consumers as the massive power it gives it's members.

 

I put it to you and everyone reading that CIFAS affords a route to lenders and their other customers to tarnish not only your credit record but also your very lifestyle by sharing information both with their members and other government agencies where the ONLY material backing is the member's say so. No way to challenge this, apart from writing and getting standard response letters, and no financially viable way to bring legal proceedings against the member, CIFAS or both. I for one would be far more comfortable if some judicial or law enforcement agency like the police or HMRC was given jurisdiction over fraud - at least you have a legal route and means to contest, challenge and rectify their decisions if need be.

 

With regards to identity theft, whilst I do accept that it is possible for this to occur, how much independent statistics does the public have to substantiate all this paranoia ? all we have is the say so of Experian and Equifax who have their own "trusted" statistical sources and, offcourse, not forgetting CIFAS - again a say so. All while at the same time giving the financial industry, and more so CIFAS members, a free hand with our rights, our lives and our financial livelihood.

 

The irony of all of this is that this twisted state of affairs has been systematically drummed into the ears of already over-worked police and law enforcement agencies' ears, and even to the political mainstream, without any real counter argument to tip the balance to at least a fair equilibrium.

 

FYI, I have myself been a victim of CIFAS flags being placed unjustly on my file - (Class 4, application fraud), with only a telephone argument with the respective compliance officers, and standard replies to long trails of postal complaints against that. In the end, the flags expired without me EVER reaching a satisfactory conclusion, and believe me, I am very well informed on both the law and the "theoretical" protection the DPA and the FIA are supposed to provide us.

 

Out of interest, and in the best spirit, tell us honestly and plainly, are you a CIFAS employee or affiliate, or does this also fall under the auspices of the limitless protection CIFAS affords its inner circle ?

 

Thanks,

 

prof.hell

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Prof.hell.

 

The points behind the posting are:

 

CIFAS is designed to primarily protect the industry and NOT the individual. Individuals as you've well experienced are at the bottom of the food chain and putting things right isn't easy.

 

Victims of ID Theft are advised to consider subscribing to CIFAS Protective Registration. This IMHO is not the best advice available, where as using the system I desribe at www.freeidportection.co.uk offers more, can cost nothing and is open to everyone.

 

Using the system at Identity Theft protection, ID fraud prevention tips, Impersonation fraud assistance provides law enforcement agencies the forensic evidence they need to finger fraudsters. No other system does this.

 

Primarily it prevents a fraud warning being put on your account by lenders.

 

Last of all I'm not a CIFAS employee, nor do I work in the finance industry.

 

I want to take ownership of my own ID and be able to hold those who dare abuse it or steal it to account. If they dare.

 

Hope this answers your questions.

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regarding cifas, i have got my credit file

under cifas is a persons name, at an address i used to live at, (left that address may 2004),

clients name (a bank)

date recorded 04/07/2006

catagory 04(99) - on checking this means declined

name: unknown person who obviously moved in well after we left

 

so, why is this on my credit file? and because me and partner have stated financial connection, it is also on his credit file too.

we left may 2004, so why is this person on both mine and partners credit file? anyone know?,

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regarding cifas, i have got my credit file

under cifas is a persons name, at an address i used to live at, (left that address may 2004),

clients name (a bank)

date recorded 04/07/2006

catagory 04(99) - on checking this means declined

name: unknown person who obviously moved in well after we left

 

so, why is this on my credit file? and because me and partner have stated financial connection, it is also on his credit file too.

we left may 2004, so why is this person on both mine and partners credit file? anyone know?,

 

Hi Groovy,

 

The reason someone else's CIFAS warning is on your file and that of your partner's is because CIFAS **** base their system on addresses as opposed to individuals.

 

In your case, it should not matter at all that you have this warning: it's in someone else's name on an old address. The catch, offcourse, is that almost all your automated applications for credit are likely to be referred, or worse, declined until you contest them, provide further details etc. etc, and there is a good likelihood that they will be denied any way.

 

What you and your partner can do about it is file for a disassociation with Mr. X at your old address. It's pretty simple, and simply involves filling in the forms with the three credit [problematic], Equifax, Experian and CallCredit.

 

They will write to you asking for post identification docs and what not, and within 21 days, afforded by law, you will be disassociated with that person. It will also mean that his details will be wiped of your file. Just make sure you keep track of your communication with the CRAs.

 

I hope this helps you.

 

Prof.Hell

-----

Cleared default with Egg (WON)

Disputing settled default with O2 (ongoing)

Disputing settled default with Halifax (ongoing)

Disputing Experian linked address information (ongoing)

Disputing 6 defaults with HSBC, 1st Direct, Capital 1, Barclaycard and Barclays bank (ongoing)

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  • 6 months later...

Hi boys and girls ..

 

Been a while since my last posting, and been very busy meanwhile.

 

My latest conquests: I won a case out-of-court against HSBC's registration of a Cat 4 CIFAS warning on against me. They sent me a final response letter, which I pulled apart to pieces on facts, giving them 7 days to respond before court action. That did it.

 

Dispute with O2 is now at court stage, will let everyone know how I get on.

 

Dispute with Halifax and their debt purchasing jokers Arrow Financial almost cleared; Default by Arrow removed from Equifax and same is taking place through Experian. Served an S10 notice on HBOS (Halifax) to get the other trails removed, will keep this thread posted.

 

Address linking information corrected with Experian. Duplicate and invalid links removed.

 

Let me know anyone if you are interested in the background to any of those cases either on this thread or through e-mails.

 

Thanks,

 

Prof.Hell

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  • 3 months later...

Hi,

I am interested in the background of all your cases as I'm going to start similar to your procedings. Any information would be greatly appreciated!

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  • 1 month later...

Just got alerts from all three CRA’s warning me of an alteration to my credit file on checking I found a CIFAS warning registered at my previous, previous address I actually own this property and have it rented out.

The warning relates to an application for a current account in the name of the person I purchased the property from.

I actually have a genuine account in my name at my present address with the same financial organisation the fraudster applied to I got little joy on contacting them.

What I fail to see is why can’t the CIFAS warning be excluded when my name is searched at the old address as the bank know me and know I had nothing to do with the bogus application.

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  • 6 years later...

Hi,

 

please could have your email address. I would like some advise on a cifas warning on my file.

 

thanks

valol

 

 

Hi boys and girls ..

 

Been a while since my last posting, and been very busy meanwhile.

 

My latest conquests: I won a case out-of-court against HSBC's registration of a Cat 4 CIFAS warning on against me. They sent me a final response letter, which I pulled apart to pieces on facts, giving them 7 days to respond before court action. That did it.

 

Dispute with O2 is now at court stage, will let everyone know how I get on.

 

Dispute with Halifax and their debt purchasing jokers Arrow Financial almost cleared; Default by Arrow removed from Equifax and same is taking place through Experian. Served an S10 notice on HBOS (Halifax) to get the other trails removed, will keep this thread posted.

 

Address linking information corrected with Experian. Duplicate and invalid links removed.

 

Let me know anyone if you are interested in the background to any of those cases either on this thread or through e-mails.

 

Thanks,

 

Prof.Hell

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Hi valol and welcome to CAG.

 

This thread is so old that it is no longer any use. The best thing you can do is start a new thread and explain your issues.

 

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