FOS decisions / CIFAS Marker
CIFAS Marker
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
21
Upheld
7
Not upheld
14
Avg redress
£590
Upheld complaints (7)
HSBC UK Bank Plc
DRN-5250160A bank must have clear, relevant and rigorous evidence of deliberate complicity in fraud before loading a CIFAS marker, and must give the customer a fair opportunity to explain their actions.
UpheldNationwide Building Society
DRN-6215869A firm filing a Cifas fraud marker must have clear, relevant and rigorous evidence of fraud, not merely the fact that a transaction was authorised by the consumer.
UpheldRedress £500Sainsbury's Bank plc
DRN-6198709A CIFAS fraud marker can only be lodged where there is clear, relevant and rigorous evidence of identified fraud, not merely suspicion or unexplained conduct.
UpheldRedress £300Barclays Bank UK PLC
DRN-6248080A bank must act fairly and reasonably when loading fraud markers on national databases and must not impose such markers without proper justification.
UpheldRedress £350EUI Limited trading as Admiral
DRN-6158793A lender must not record negative credit information against a consumer who did not enter into or agree to the underlying finance agreement.
UpheldFreemans Public Limited Company
DRN-6003511A CIFAS fraud marker can only be reported where there is clear and rigorous evidence of fraud or financial crime with witting involvement, not merely on suspicion or arrears alone.
UpheldRedress £1,500Monzo Bank Ltd
DRN-6242382A bank must not unfairly load negative fraud markers against consumers, and must provide fair compensation for the inconvenience and impact caused when it does so.
UpheldRedress £300
Not-upheld complaints (14)
Marshmallow Insurance Limited
DRN-5928171An insurer may fairly apply a CIFAS fraud marker and cancel a policy with immediate effect where a policyholder has materially misrepresented information by altering official documents, provided clear warnings about such consequences were g
Not upheldJ.P. Morgan Europe Limited
DRN-6025439A firm may fairly load a negative fraud marker on the National Fraud Database if it has clear, relevant and rigorous evidence that a fraud was committed and the consumer was complicit in receiving the fraudulent funds.
Not upheldMonzo Bank Limited
DRN-6227481Financial institutions must have 'clear, relevant and rigorous' evidence before referring customers to Cifas, and must establish that the customer was aware funds were or might be from an illegitimate source.
Not upheldTSB Bank plc
DRN-6199920A bank may load a negative fraud marker on the National Fraud Database if it has clear, relevant and rigorous evidence that a financial crime was committed and the account holder was complicit in receiving the fraudulent funds.
Not upheldNationwide Building Society
DRN-6154016A CIFAS fraud marker may be lodged if there are reasonable grounds to believe an identified fraud has been committed and the evidence is clear, relevant and rigorous; such markers remain on record for six years once lodged against an adult
Not upheldBarclays Bank UK PLC
DRN-2587478Banks may close accounts immediately if terms are met and may file CIFAS fraud markers where there are grounds for more than mere suspicion of fraud, without requiring proof beyond reasonable doubt.
Not upheldBarclays Bank UK PLC
DRN-6262790A firm may only report to CIFAS fraud prevention databases where it has reasonable grounds to believe fraud has been committed, supported by clear, relevant and rigorous evidence.
Not upheldSantander Consumer (UK) Plc
DRN-6197006A lender must have clear and rigorous evidence of intentional fraud or financial crime, not mere breach of contract, to justify reporting a Cifas fraud marker.
Not upheldTSB Bank PLC
DRN-4401396A bank registering a CIFAS fraud marker must have reasonable grounds to believe fraud was committed, supported by clear, relevant and rigorous evidence sufficient to confidently report the matter to police, rather than mere suspicion.
Not upheldBank of Scotland plc
DRN-5964360A bank may load a Cifas fraud marker if it holds reasonable grounds to believe fraud has been committed and can demonstrate clear, relevant and rigorous evidence that the customer was likely a witting participant.
Not upheldRevolut Ltd
DRN-6237104A financial institution may record a Cifas marker for misuse of facility where there are reasonable grounds to believe fraud occurred and the evidence is clear, relevant and rigorous, provided the consumer is given opportunity to evidence t
Not upheldMonzo Bank Ltd
DRN-6221808A bank may record a Cifas marker for misuse of facility where there are reasonable grounds to believe fraud has occurred and the evidence is clear, relevant and rigorous.
Not upheldBarclays Bank UK PLC
DRN-6118330A bank may record a fraud marker at Cifas for raising false chargeback claims if it has sufficient merchant evidence supporting that the claims lacked merit and the customer received the disputed funds.
Not upheldNational Westminster Bank Public Limited Company
DRN-5865931A bank may register a CIFAS fraud marker when it has reasonable grounds to believe fraud has been committed and clear evidence that the account holder was complicit or aware of the fraudulent activity.
Not upheld