Not upheld: fraud marker recording / account misuse complaint against Santander UK Plc

Decision detail

Summary

Mr B complained that Santander unfairly recorded a Cifas misuse of facility marker against him after fraudulent transfers were received and quickly withdrawn from his account in October 2020. Mr B claimed he was exploited as a money mule victim and was experiencing vulnerability due to his father's illness and financial pressure. However, when Santander had contacted him at the time, he explained the payments were for a friend's car sale and made no mention of exploitation. The ombudsman found Mr B's account not credible, noting the suspicious nature of the activity, his inconsistent explanations, and lack of tangible evidence of third-party involvement. The complaint was not upheld, and the ombudsman declined to require removal of the marker.

The Ombudsman's reasoning

The ombudsman found Mr B's account of events not credible, particularly because: (1) when Santander contacted him about the payments, he did not mention exploitation or vulnerability but instead claimed the funds were for a friend's car sale; (2) the activity was highly suspicious and would have been reasonably apparent to him; (3) he provided no tangible evidence of third-party involvement; (4) his failure to mention these circumstances when directly questioned by the bank suggested he knew more than he was willing to say, indicating complicity; and (5) financial pressure alone is insufficient to demonstrate he genuinely believed the payments were lawful.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website