Fraud accusation. Cifas Marker

[bigljelly]

I took a telephone contract out in 2015 and had issues with the provider from the onset and entered into a dispute which lasted several years before finally taking my case to the ombudsman which I won and the provider was deemed to have mis-sold the contract.

 

All adverse on my credit file was wiped clean. The provider also accused me of face to face category six fraud and entered my details onto the National Fraud Database which has caused me untold grief and countless sleepless nights amongst other hardships. This is not dealt with by the Ombudsman services and was made clear by the Ombudsman that this is a criminal offence/accusation outside their jurisdiction.

 

I believe that I can now take legal action for false accusations of fraud as this has not been included in the Ombudsman rulings and the contract that I was accused of fraudulent activity on has now been deemed mis-sold and void.

 

Does anyone have any views or experience on this type of case and is it the type of case that should take the small claims court route or maybe high court. Constructive comments would be most appreciated.

[renegadeimp]

WHat operator was it. What was the reason they said you committed fraud?

[honeybee13]

I've sent you an email, could you look out for it please?

 

HB

[fkofilee]

Who was the Telecoms Compny in question?

Also what was their reasoning for placing the marker??

 

I would like to know as we may beable to help put something together to help you. This could involve legal action,

[AndyOrch]

Have you actually checked the 3 data bases to see if it has been entered or still showing ?

 

https://www.nhunter.co.uk/SAR.pdf

 

https://www.cifas.org.uk/secure/contentPORT/uploads/documents/Forms/External-Subject%20Access%20Request%20form.pdf

 

https://www.synectics-solutions.com/Portals/0/pdf/Data%20Subject%20Access%20Request%20Form%20(003).pdf

 

Andy

[bigljelly]

I have checked with Cifas through the SAR process, and it was filed as Fraud, Cifas have recently advised me that they have now removed it. I haven't checked the other two registers and maybe I should, is it usual to be filed on more than one register, thanks for replying Andy,

Regards,

BJ

[fkofilee]

CIFAS is the main Fraud Prevention Service which you will normally be registered on.

However send a DSAR to each above.

 

CIFAS will tell you the entry information and why it was added.

 

NHunter will provide info on applications going back 6 years that was checked for Fraudulent Activity.

 

I dont know what Synthetics hold because they are relatively unknown however I would still send a DSAR nontheless...

[bigljelly]

The Telecomms Company was EE. The reason for placing the marker was evasion of payment. This was endorsed by Cifas as I have previously explained and the Contract that I signed was deemed missold by the Ombudsman at a later date therefore I conclude there was no evasion of payment. I did refuse to pay at the time as I knew I was mis sold, it just took a long time to prove it. I do not wish to go into further detail at the moment but I do have all the evidence to fully support any legal action. I just do not know which route to take. Thank you for your response,

Regards,

BJ

[AndyOrch]

The route you take is what do you deem as the damage done and what losses have you suffered ?

[bigljelly]

Yes, Interesting comment. Five years of distress and serious inconvenience, refused banking facilities on at least five occassions from high street facilities although I only have evidence of two and only one of those has said refusal due to Cifas marker. Threat of loss of business bank account and therefore all income, countless manhours researching, writing letters etc. Stigma, embarresment. The list is getting bigger by the day as I recall events however I am no expert in law as you will probably have gathered but any help and advise is welcome. Thank you for your response,

BJ

[AndyOrch]

https://www.google.com/search?ei=DpBuXJibG4PMwQK42LjICg&q=Sueing+for+damages+caused+by+error+CIFAS+reporting&oq=Sueing+for+damages+caused+by+error+CIFAS+reporting&gs_l=psy-ab.3...221898.247974..248183...0.0..0.142.4498.18j24......0....1..gws-wiz.......0i71j35i304i39j33i160j33i21j33i22i29i30.31WDO6provo

[Djmarkydee1981]

im having the same issue with EE, can i ask how you got them to remove the marker?

[bigljelly]

32 minutes ago, Djmarkydee1981 said:

im having the same issue with EE, can i ask how you got them to remove the marker?

Hi DJ, I took the Ombudsman route for misselling in the first instance and the Ombudsman upheld my case, I then advised CIFAS that I was considering legal action for false accusation of fraud against EE and they quite sharply removed the marker. I cannot believe that you intended to commit an act of fraud and you may also have been missold, these orginisations are, I believe, acting in a dis-proportionate manner and using the National Fraud Database for consumer disputes are ridiculous and I would consider small claims court for false accusations. You can PM me for further discussions if you wish and good luck with your fight.

[honeybee13]

With your post counts, you won't be able to PM each other, but there's nothing wrong with having an anonymised discussion on here. Anything confidential can be passed via one of the site team, but this often isn't necessary.

 

HB

[tq1958]

I have a cifas misuse of facility from EE dated some 6 years back and cannot open a bank account as a result. Who do I contact to remove this

[dx100uk]

you need to create a new topic of your own please

 

hit create in the top red banner

 

dx

 

[tq1958]

Apologies thanks will do