Not upheld: CIFAS fraud marker lodgement complaint against J.P. Morgan Europe Limited (trading as Chase)

Decision detail

Summary

Mr E complained that Chase improperly lodged a CIFAS fraud marker against him after receiving fraud notifications from another bank regarding three payments totalling £455 into his account. Mr E provided inconsistent explanations for the payments, initially claiming one was a loan from a friend (with supporting screenshot) but later admitting he didn't recognise any of the senders' names. The ombudsman found that Mr E's testimony was inconsistent, the correspondence appeared falsified, and the pattern of immediate fraud claims after payment suggested Mr E knowingly received fraudulent funds. The ombudsman upheld Chase's decision to lodge the marker as it met the required CIFAS standards and rejected Mr E's complaint.

The Ombudsman's reasoning

The ombudsman applied the CIFAS requirements that there must be reasonable grounds to believe an identified fraud has been committed and the evidence must be clear, relevant and rigorous. The ombudsman found that Mr E's inconsistent testimony, his inability to explain how people could send him money and immediately claim fraud, and the apparent falsification of correspondence all pointed to Mr E knowingly receiving fraudulent funds. The ombudsman concluded Chase had sufficient evidence to lodge the marker in accordance with the rules.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website