Not upheld: fraud prevention marker recording; alleged submission of altered bank statements complaint against Blue Motor Finance Limited

Decision detail

Summary

Mr D complained that Blue Motor Finance Limited unfairly recorded a fraud prevention marker against him after his car finance application was declined. Mr D had submitted bank statements through a broker, which Blue Motor found contained alterations when verified against his bank's records. Mr D argued he was not directly responsible as he used a broker and may have been a victim of document mishandling. The ombudsman found that Blue Motor had reasonable grounds to believe fraud was attempted based on clear evidence of alterations to the statements, that Mr D bore responsibility for document accuracy, and that the alterations appeared to have been made before submission to the broker. The complaint was not upheld and the fraud marker was not removed.

The Ombudsman's reasoning

The ombudsman concluded that Blue Motor had reasonable grounds to believe fraud or a financial crime had been committed or attempted, based on clear evidence that the bank statements submitted contained alterations. The ombudsman found that Blue Motor did not need to prove fraud beyond reasonable doubt, only that it had more than mere suspicion supported by robust evidence. The ombudsman determined that Mr D ought reasonably to have taken responsibility for the accuracy of information provided to the broker, and that the alterations appeared to have been made before submission to the broker. The ombudsman found no significant new evidence that would warrant reconsideration of the marker.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website