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Challenging CIFAS in Court

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CIFAS handled ny complaint against an application fraud warning in a reckless manner. I decided to take CIFAS to Court. I would like some insights as whether or not CIFAS is subject to Consumer Rights Act 2015 for service provisions?

 

My second question is: are there precedents of consumers taking CIFAS to Court?

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Posted (edited)

This is what I also thought.

However, CIFAS is subject to the Defamation Act and the DPA Act which I will be relying on as they insisted to share a warning against me in a Saving Account Application that was made 100% with my correct identification information and documents.

 

CIFAS is sharing a marker against me in a saving account application which made in my correct identity and which has no question of money laundering.

 

Saving accounts are not a reporting matter if made in one's correct identity.

CIFAS acted incompetently and recklessly and is liable in Defamation and DPA Regulations.

 

I encourage every victim who genuinely believes has an unwarranted marker to take legal action in the High Court..

Edited by dx100uk
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You need to stop jumping the gun and start providing info. Unless all you wanted was a rant. And taking legal action in the high court without doing proper research or have legal advice/representation is VERY expensive.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Your action is to be taken against the company who placed the marker.

You have no concept of CIFAS as clearly demonstrated, as otherwise if you have read everything on them you would now what role they play.

 

 

I did sought legal advice, Both the company and CIFAS are liable and both will be sued. CIFAS is liable once a complaint is filed before it and it acts recklessly to favour the company and continues to share defamatory information which are wrong knowing it is wrong. It is not any different from defaming someone in newspapers or on the internet.

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Hi. Who gave you the legal advice please?

 

Did they also advise you that bringing a defamation case is very expensive, said to be upwards of £10k?

 

HB


Illegitimi non carborundum

 

 

 

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Hi. Who gave you the legal advice please?

 

Did they also advise you that bringing a defamation case is very expensive, said to be upwards of £10k?

 

HB

 

 

 

I sought legal advice from multiple sources. CIFAS is liable for hosting and sharing defamatory information which they were told with evidence it is wrong.

 

Having made in-depth research and sought consultation from multiple sources, I am in no doubt that CIFAS could be held liable in Defamation and the DPA Act. It is a question of fact to be determined by the Court, which is the route I have chosen to get competent relief from our justice system not from their so called compliance officers.

 

CIFAS was meant to decide complaints independently and not to follow the company which finances its business but id did not. It is either there has been fraud capable of being offence or not.

 

I have come across another story in which CIFAS is also being pursued in Court for a marker. I think there is some progress.

Because reputation and employment are at stake, the claim is certainly for more than £10,000.0

A defamation claim for any amount must be heard in the High Court anyway even for £1000. County Courts having no jurisdiction to decide defamation claims.

Each case is unique and this is my understanding after extensive research and the advice sought.

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I did sought legal advice, Both the company and CIFAS are liable and both will be sued. CIFAS is liable once a complaint is filed before it and it acts recklessly to favour the company and continues to share defamatory information which are wrong knowing it is wrong. It is not any different from defaming someone in newspapers or on the internet.

 

WHoever has given you legal advice is very very very wrong. If you do go ahead and sue them, i hope you have very deep pockets because you wont win.

 

Also, stay off those facebook pages and those FOTL sites. Youll end up in way more trouble.

 

Each case is unique and this is my understanding after extensive research and the advice sought

 

care to cite that research and advice? I would be very interested to know where it came from as the people or websites that gave it to you really need to go back to law school.

 

But if you do continue with legal action, i'd be watching in the wings as you write that substantial check for the other parties.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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WHoever has given you legal advice is very very very wrong. If you do go ahead and sue them, i hope you have very deep pockets because you wont win.

 

Also, stay off those facebook pages and those FOTL sites. Youll end up in way more trouble.

 

 

 

care to cite that research and advice? I would be very interested to know where it came from as the people or websites that gave it to you really need to go back to law school.

 

But if you do continue with legal action, i'd be watching in the wings as you write that substantial check for the other parties.

 

Thanks for your opinion. I do not intend to argue that here. CIFAS is a company like any company subject to the rule of law. I wrote briefly about the Consumers Act and the site team answer concurs with what I was told that they are not. I will follow his opinion and focus on the Defamation Act and the DPA Act.

 

It would be beneficial to know on what basis you think the advice I got is wrong. CIFAS decisions are subject to the FOS jurisdiction and it is certainly subject to the Court review if they were subject to the FOS.

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Not opinion. Fact. But good luck. Youre going to need it. I suggest you get PROPER legal advice, and not just advice from random websites and facebook pages. And yes, you got a lot of your info from there as ive seen the posts.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I sought legal advice from multiple sources.

 

 

Can you clarify please, were any of those sources a qualified legal professional giving you a professional opinion?

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Certainly, they are qualified. I will not take the risk if I am not confident. CIFAS is a company registered in the company directory, it is not a Public Authority and even if it were, you can sue CIFAS. If you can take the Home Office to court, I do not understand why you cannot take CIFAS to court when they act in upper-handed manner and are so negligent such that it causes consumers distress and reputation damages which are avoidable.

 

This Action Group may provide its insights after some reflection. The key to any action are within the Defamation Act and the DPA. I am still at early stage but have identified the Cause of Action which I will be pursuing. Sorry, I could not provide many details as I am concenterating in putting together my stuff.

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Youve still yet to say how they are negligent

 

All youve basically done so far is rant and ask if its possible to sue them, ignored advice and answered your own question.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Certainly, they are qualified.

 

You've sought professional from qualified legal professionals. So why are you asking here about whether you can sue CIFAS? Surely the qualified legal professionals can answer that?

  • Haha 1

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You have a point. I do not adopt the professionals' advice blindly. There is no harm to seek second opinion. Indeed the site team's response concurs with the advice I received. So, no point of pursuing action based on consumer rights act.

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:???: Did you just contradict everything you said here?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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CIFAS must be liable when you tell them with evidence that they are sharing wrong information, inaccurate or misleading information but they fail to take measures to put things right in order to protect its member's (bank or insurance or whatever) from legal action. Its compliance officers identify with the Banks customer service and they rarely go against the Bank decisions. The Bank effectively pay their salaries...isn't it. CIFAS somehow thinks it is beyond the law but it is not immune at all.

Its objective is nobil and I personally support it but they get it wrong sometimes and I am sure that there are many victims for its markers due to lack of training within their funding banks staff..who are hungry to file markers and have traditionally believed they can get away with the implications..

Edited by luicluic

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:???: Did you just contradict everything you said here?

 

The professional advice concurs with that given by fkofilee in terms of action in the Consumers Rights Act. I follow this advice.

However, I am satisfied in view of the professional advice to pursue CIFAS in the High Court or in the ECJ for Defamation and the breach of the DPA. All I need to prove is that the information within the marker are wrong, I made them aware they were wrong and that they failed to put things right. It won't help CIFAS their false feelings that they are beyond the law.

 

It is unfortunate CIFAS is not public authority even though they falsely pretend to be one. I would have otherwise sued them in the Human Rights Act.

Edited by luicluic

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If people have advised you to sue via the ECJ, my opinion is that they're in La La Land.

 

What profession are these advisers in, out of interest?

 

HB


Illegitimi non carborundum

 

 

 

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I am seeking advice from more than one source and will double check on this. I have ample time before I commence.. What is surprising is that CIFAS knows from its published materials and research paper that its system and approach is full of loopholes and is unjust. Yet, it leaves its decisions with - in my experience - cowboys who say they are Compliance Officers or Senior Compliance Officers..

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I must be clear in my advice to you...

 

I said they are not subject to the CRA 2015... They dont supply a Consumer Service.

They are legally recognised as a Fraud Prevention Agency and share a special status as a "Company"...

 

Yes - GDPR / DPA does apply to this company - However - You need to understand (Which if you had read up about CIFAS - You'd know) that they maintain a database of applications that companies can add details to prevent fraud.

That means that the company who added you to the database is wholly responsible for the entry. The financial company is the one that any formal action would need to be taken against.

 

CIFAS maintain but are not responsible for the data entered. They can on occasions subject to a complaint remove the marker / information - IF and i say this IF the company acted in malice when they added you.

But subsequently I have been following the thread today while doing other things and it hasn't served any purpose to direct you in the right way because you seem to be in a place where unicorns exist and people cough glitter.

 

Have you sent CIFAS and the bank a DSAR - If so - What did it show?

Whats the reason for them adding the marker? You need to be more clear and come back down to earth about the issue. We can help and there might be a simpler method in trying to resolve this.

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I am seeking advice from more than one source and will double check on this. I have ample time before I commence.. What is surprising is that CIFAS knows from its published materials and research paper that its system and approach is full of loopholes and is unjust. Yet, it leaves its decisions with - in my experience - cowboys who say they are Compliance Officers or Senior Compliance Officers..

 

I am suing the Bank already. Both are liable. CIFAS is the Data Controller and do not have any immunity when they insist to share wrong information they ought and were made aware it is wrong. I am afraid, that consumers can sue CIFAS is a reality and CIFAS is not immune at all. They are jointly liable when they refuse to act to prevent harm.

 

This is not about the details of my case, it is about the premise that CIFAS can very well be held liable. They know they can indeed...

 

To be clear, I know I can sue the Bank and this is already in process..

 

 

[h=3][/h]

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I must be clear in my advice to you...

 

I said they are not subject to the CRA 2015... They dont supply a Consumer Service.

They are legally recognised as a Fraud Prevention Agency and share a special status as a "Company"...

 

Yes - GDPR / DPA does apply to this company - However - You need to understand (Which if you had read up about CIFAS - You'd know) that they maintain a database of applications that companies can add details to prevent fraud.

That means that the company who added you to the database is wholly responsible for the entry. The financial company is the one that any formal action would need to be taken against.

 

CIFAS maintain but are not responsible for the data entered. They can on occasions subject to a complaint remove the marker / information - IF and i say this IF the company acted in malice when they added you.

But subsequently I have been following the thread today while doing other things and it hasn't served any purpose to direct you in the right way because you seem to be in a place where unicorns exist and people cough glitter.

 

Have you sent CIFAS and the bank a DSAR - If so - What did it show?

Whats the reason for them adding the marker? You need to be more clear and come back down to earth about the issue. We can help and there might be a simpler method in trying to resolve this.

 

I am suing the Bank already. Both are liable. CIFASicon is the Data Controller and do not have any immunity when they insist to share wrong information they ought and were made aware it is wrong. I am afraid, that consumers can sue CIFAS is a reality and CIFAS is not immune at all. They are jointly liable when they refuse to act to prevent harm.

 

This is not about the details of my case, it is about the premise that CIFAS can very well be held liable. They know they can indeed...

 

To be clear, I know I can sue the Bank and this is already in process..

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All that and you still havent given any info on what led to this


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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