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cifas bank notifies credit reference agencies of fraud


dltjam
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Hello

 

After i went over my agreed overdraft limit my bank withdrew it but even worse have notified the credit reference agencies of a CIFAS Category 6 (First Party Fraud). After contacting them they say that is to to let other banks know, all this because when i wrote cheques there was money in the account but when they came out there wasnt, does anyone know anything about this , how bad is it for my credit chances and can it be removed

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I don't know how to get rid of it. It's a criminal offence, so there's an inherent risk in complaining, and if it happened more than once I can't imagine them having much time for complaints. If there is a process I've a feeling the first step would involve clearing the overdraft to put the bank in a better mood.

 

In terms of how bad it is lets put it this way; according to the FSA leaflet, in terms of trying to get even a basic bank account the CIFAS indicator is more terminal than being an undischarged bankrupt.

 

http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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  • 2 weeks later...

Hi

 

The information will stay on your account for 1 year, 1 month and 1 day from the most recent 'fraud' activity. I had two placed on my file for incorrectly stating the length of time I had been at my previous address! These were one month apart and were removed one month apart.

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This is absolutely appalling!!!!!! You are guilty of fraud because you go over your overdraft limit!!!!! What on earth is happening to this country.

 

I would get a letter of complaint drafted and send it to the bank. What about being innocent until proven guilty. In order to say you committed fraud you must have been tried on that basis. Banks just cant put whatever they want to these CRAs.

 

If the bank were to charge you with fraud I doubt it would be taken seriously in court unless it was a large amount. If that was the case then everybody who has reclaimed bank charges is guilty of fraud because you get penalty charges when you go over your overdraft limit.

 

Its about time this sort of thing stopped. The banks seem to be getting away with murder and we can do nothing about it.

 

Gemspan

 

PS Unless you have been found guilty of fraud they cannot put this information in the public domain. This is a clear case of defamation of character and I would point that out very strongly to the bank and threaten to take them to court for compensation.

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bump. Is it not the case that you have to be tried and found guilty before anybody can place information stating you have acted fraudulently? I think this is most definitely defamation of character but would welcome the advice of someone more senior

 

Thanks

Gemspan

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No, it's not necessary for there to be a conviction.

 

An offence has to have been committed, but misusing a cheque guarantee card to exceed an overdraft limit would be a suitable example.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Guest NATTIE

The information for a CIFAS to be placed on the account is not correct from the OP because it would not be first party fraud. There is something more to this than just writing cheques when no money is in the account otherwise EVERY member of the site would have one. First Party Fraud would not come into the equation on a simple case such as given in post 1.

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Can you elaborate on why its not please. In order to be publicly deemed as being a fraudster then you would have to have been convicted of fraud. If that's not the case then why is it not the case. Your short reply doesnt answer the question. Are you saying that banks can report anything they want to CRAs.

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Thanks Nattie. That was my thinking. While I dont know much about the ins and outs of this, if what the OP is saying was true then this just didnt add up to me. That has answered my question. Thank you.

 

Gemspan

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Guest NATTIE

That is not correct. you need to read the CIFAS link that explains what it is and why it is there. The info is there. Without a doubt, there is more to this than just what has been posted in post 1.

 

You can dispute it via this link CIFAS Online - I dispute a CIFAS warning recorded in my name. How can I get it amended or removed?

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No, it's not necessary for there to be a conviction.

 

An offence has to have been committed, but misusing a cheque guarantee card to exceed an overdraft limit would be a suitable example.

 

 

But if that was the case then what Nattie says is true; everybody claiming back bank charges would be guilty of fraud and have this marked on their credit files. You cannot accuse somebody publicly of fraud unless they have been convicted. The banks would also have to convict to be able to state that the person committed fraud. We all know how banks like to send inaccurate information to CRAs and how hard we are all trying to get the information removed.

 

Gemspan

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