Not upheld: CIFAS fraud marker lodgement - alleged improper recording of fraud marker complaint against TSB Bank plc

Decision detail

Summary

Mr A complained that TSB Bank plc improperly lodged a fraud-related marker on the CIFAS database against him. After Mr A's account received £520 in fraudulent funds from a confirmed purchase scam victim, TSB requested explanation but Mr A did not respond. The ombudsman found that TSB had clear evidence of fraud, including the fraud notification, suspicious account behaviour (nine payments from different individuals within four days), and Mr A's failure to explain the funds. The ombudsman concluded TSB satisfied the CIFAS evidential requirements and acted properly in lodging the marker. The complaint was not upheld.

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. TSB had clear evidence: a confirmed fraud report from another bank, fraudulent funds crediting Mr A's account, suspicious account behaviour (nine payments from different individuals within four days), and Mr A's failure to respond to requests for explanation. The ombudsman found Mr A's bare assertion that he did not knowingly receive fraudulent funds was insufficient to rebut the evidence. The pattern of account use and Mr A's inability or unwillingness to explain the funds satisfied the evidential standard required for lodging a CIFAS marker.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website