Not upheld: fraud marker registration and account closure complaint against TSB Bank plc

Decision detail

Summary

Mr M complained that TSB unfairly recorded a Cifas fraud marker against him after he received and withdrew fraudulent funds that he claimed were sent on behalf of a friend. Mr M initially told investigators he had no messages about the transaction, but later produced screenshots allegedly supporting his account. The ombudsman found Mr M's explanation implausible, noting there was no logical reason his friend couldn't have arranged the withdrawal directly, and that Mr M had a previous similar account closure with another bank. The ombudsman upheld TSB's decision to register the marker and close the account, finding strong evidence of deliberate complicity and rejecting the screenshot evidence as unreliable.

The Ombudsman's reasoning

The ombudsman applied Cifas guidance requiring strong evidence of deliberate dishonesty and complicity. The ombudsman found Mr M's explanation implausible because there was no satisfactory reason why his friend couldn't have arranged the withdrawal directly without involving Mr M's account. The ombudsman found the screenshot evidence unreliable due to lack of proper time-stamping and Mr M's inconsistent account of whether messages existed. The ombudsman also noted Mr M's previous similar account closure by another bank, suggesting a pattern rather than naive manipulation. The ombudsman concluded TSB had strong evidence to justify the marker and account closure.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website