cifas

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Having applied for a mortgage with the Royal Bank of Scotland through an IFA I withdrew the application later. Mistake was that I did it by telephone with the IFA and alout 3 weeks later RBOS put a CIFAS on my records.

How long does this appear on my record and what are the options are ther to get it off.

-- John Folan (folan_john@hotmail.com), November 21, 2003

Answers

John,

Presumably you mean that RBOS advised CIFAS (Credit Industry Fraud Avoidance System).

I would recommend you read "Why we and the Data Protection Registrar are worried by CIFAS" listed under 'Site Map', top left.

I have heard that CIFAS keep records abroad so as to avoid the Data Protection Act, which could obviously make it very difficult to find out what info they actually hold, whether it is correct, or been removed.

Mark.

-- M Amos (idgroms@hotmail.com), November 22, 2003.


Q1; How long - depends on the CIFAS warning grade against you. Q2; Get it off - complain to RBS, CIFAS, the Information Commissioner, and issue a High Court writ against RBS if they have defamed you. Ensure that if you have suffered stress or distress that your doctor has made a note of this in your medical file. Under the Data Protection Act you are entitled to compensation if you have suffered loss, AND have suffered stress, IF the Information Commissioner issues a Final Assessment against RBS confirming that your DPA rights have been breached.

Serve a recorded delivery SARN + £10 on RBS & CIFAS; I'd suggest these questions are asked at the same time;

Grade of CIFAS warning issued against you. Date of CIFAS warning against you. Expected expiry date of CIFAS warning. Explanation of how CIFAS warnings are used; not you understand the silly little CIFAS document, you need a full explanation of what has happened in your case. Has a criminal complaint against you been made to the police? (Date, time, ref, police station) What criminal offence have you committed, or are you suspected of having committed? In response to your SARN you require copies of all RBS investigators working notes, conversations with others, including a list of all CIFAS members who discussed you, and/or, your address, with RBS. You require a full copy of the RBS Fraud Investigators Log for your case. State that you require details of the processing of your personal data (the application form) that resulted in the decision by RBS to issue a CIFAS warning against you. This will require you to see all details of the relevant CIFAS memberís rules that RBS should have followed. You therefore require a full copy of the CIFAS memberís rules to understand what has happened to you, and to check that RBS have followed the CIFAS memberís rules correctly.

State in you letter to RBS that you require them to keep detailed logs of all conversations concerning this CIFAS registration from now on. Warn them that in six months time you will be serving a 2nd SARN on them, and you will be expecting to see copies of all documents and telephone conversation logs. They must ensure that all telephone conversations about your CIFAS warning are logged, so that they are able to comply at a later date.

Make an assessment request to the Information Commissioner; attach a copy of your SARN request, and letter, to RBS and CIFAS.

Immediately send £2 to Experian & Equifax for a copy of your credit report. Issue this request to Experian & Equifax every three months for the next year to check that another CIFAS member does not smear you at a later date. If there are any strange entries on your credit file then immediately issue a SARN against the company that has issued the entry.

Do update your posting with what happens please.

HJP

-- Harry (harryjpearson@hotmail.com), November 29, 2003.


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