CIFAS marker removal help - Hitachi Capital invoice finance

[bigyellowbus]

hi,

ive had a cifas marker placed against me via Hitachi capital.

 

Ive read most of the posts on here about the various routes to go down but im after some help.

i have got the DSAR from Cifas and a vague final response from hitachi.

 

Any help greatly appreciated to get the ball rolling.

i wil keep this first post vague to ensure we move to correct area of the site, thanks, BYB

[dx100uk]

why did they put a CIFAS marker and not a default?

 

dx

 

[bigyellowbus]

hi, they have said that it was misuse of facility and that could leave them open to losses due to unpaid invoices that i had factored to them

 

[dx100uk]

not sure what you are going on about here?

 

 

tell us the debt history from day one please

[AndyOrch]

So if your into invoice financing you are a Business ? 

 

How do we share your information with fraud prevention agencies

IDENTITY VERIFICATION AND FRAUD PREVENTION CHECKS

What we process and share for identity and fraud checks

As well as using your personal information to manage the product or service we have with you, we will also use and share that information about you with fraud prevention agencies including CIFAS and National Hunter who will use it to prevent fraud and money-laundering and to verify your identity. This includes by carrying out fraud checks. All this requires us to process your personal information. We will do these checks before we provide the product or service to you, and periodically at other stages after that. If fraud is detected at any time you could be refused the product or service or have it withdrawn from you. 

The personal information you have provided, we have collected from you (whether directly or indirectly through our partners and brokers), or which has been received from third parties may include your name, date of birth, home address and address history, contact details such as email address, home and mobile telephone numbers, financial information, employment details, device identification including IP and/or MAC address.  

We, and fraud prevention agencies, will use this information to prevent fraud and money laundering, and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal information to detect, investigate and prevent crime.

Fraud prevention agencies can hold your personal information for different periods of time, depending on how that data is being used. You can contact them for more information. If you are considered to pose a fraud or money laundering risk, your data can be held by fraud prevention agencies for up to six years.

Information on these fraud prevention agencies, including their contact information and information on their Data Protection Officers, can be found at:

• https://www.cifas.org.uk/fpn

 

• https://www.nhunter.co.uk/privacypolicy

As part of our processing of your personal information, we may take decisions by automated means. You may automatically be considered to pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with that of known fraudsters or money launderers, inconsistent with your previous submissions, or if you appear to have deliberately hidden your true identity.

 

Andy

 

 

 

 

[bigyellowbus]

hi, yes i run a small business

[fkofilee]

So you are a director? Whats the turnover? 

Are you Self Employed? 

 

What do they deem "Misuse Of Facility"? What did you do?

[AndyOrch]

Have Hitachi capital done an audit on your business recently and how long have you been using their Invoice Financing ?

[bigyellowbus]

On 09/10/2020 at 18:31, fkofilee said:

So you are a director? Whats the turnover? 

Are you Self Employed? 

 

What do they deem "Misuse Of Facility"? What did you do?

 

hi, im a partner in an LLP but they put the marker onto me personally.

 

They said i was uploading invoices that were missed used to gain finance.

However the invoices were correct at the time but the customer a county council requested credits against some of them afterwards. I explained to HI why but they eventually closed the account and then applied the marker.

 

I have asked for a full disclosure from them but all they did was send me the original application forms.

I asked for a copy of the investigation they did against me to apply the marker but the have refused.

 

I dont think they did the investigation and the marker was applied in retaliation.

 

any help greatly appreciated,

 

thanks

[fkofilee]

Arh... I see... 

You can send a DSAR request for information relating to you and see what they come up with... 

 

[AndyOrch]

Quote

They said i was uploading invoices that were missed used to gain finance.

However the invoices were correct at the time but the customer a county council requested credits against some of them afterwards. I explained to HI why but they eventually closed the account and then applied the marker.

 

Was the credits justified ? Why did you not raise a credit note invoice and issue it to Invoice Financing ?

[bigyellowbus]

the credits note were issued after but Hitachi still closed down the account,

didnt answer any of my calls and passed the outstanding amounts onto debt collection.

 

The majority of the amount were paid by the invoices left on the account and the rest paid be myself.

 

My customer would only pay hitachi any money they owe me first, until advised by hitachi that invoices could be paid to me.

 

any help would be much appreciated im at a loose end here.

 

Hitachi wont send me any details of the investigation that "had done" in order to create the marker on Cifas

[dx100uk]

have you actually ever sent hitachi an SAR?

 

dx

 

[bigyellowbus]

hi, yes all they sent me back was the original agreement documents from over 10 years ago.

I was expected full details about the cifas investigation but they have sent nothing

[AndyOrch]

https://www.cifas.org.uk/contact-us/subject-access-request

[bigyellowbus]

hi, yes i have followed that so far.

 

Hitachi have replied saying a very vague response and they uphold their decision.

however it doesnt say "final response".

 

At my last correspondence with hitachi they said that had spoken to cifas and i just need to send their initial response and the email trail.

 

Im not sure what i am up against if hitachi don't show me their side of their investigation. 

[AndyOrch]

Its reply from Cifas that you require which should reveal why the marker was placed.

[bigyellowbus]

On 09/10/2020 at 14:02, bigyellowbus said:

hi, they have said that it was misuse of facility and that could leave them open to losses due to unpaid invoices that i had factored to them

 

 

[AndyOrch]

Cifas said the above ? They dont do invoice financing.

[bigyellowbus]

the cifas report says:

Misuse of factoring, false invoicing for finance, first party fraud

[AndyOrch]

Well if you have DSAR to CIFAs and Hitachi and cant get anywhere then you can either go to the FSO and raise a complaint or CIFAS Consumer Affairs Team as outlined in the link I have provided.

[fkofilee]

Cat 6 Marker then. Thats one of the worse you can get. 

As @Andyorchsaid... You might need to go to the FOS etc to get this done. We had someone else who went all the way with Tesco and lost. Cat 6 Markers are very difficult to get removed.

[bigyellowbus]

14 hours ago, fkofilee said:

Cat 6 Marker then. Thats one of the worse you can get. 

As @Andyorchsaid... You might need to go to the FOS etc to get this done. We had someone else who went all the way with Tesco and lost. Cat 6 Markers are very difficult to get removed.

the DSAR requesto hitachi didt show anything at all about my account with them, should it? i thought they should have returned all their data about me?