Not upheld: Cifas fraud marker registration; potential misuse of facility complaint against Revolut Ltd

Decision detail

Summary

Mr W complained that Revolut Ltd unfairly registered his details with Cifas after his account received two fraudulent payments in February 2025. Mr W returned the first payment but kept the second, claiming it was a gift from someone he did not know. Mr W's account of events was inconsistent and implausible, and he could not provide evidence to substantiate his entitlement to the funds. The ombudsman found that Revolut had reasonable grounds to believe fraud had occurred and that Mr W likely knew the payments were fraudulent. The complaint was not upheld and the Cifas marker was found to have been registered fairly.

The Ombudsman's reasoning

The ombudsman found that Revolut had reasonable grounds to believe fraud or financial crime had been committed. The ombudsman found Mr W's account of events implausible and inconsistent: he gave conflicting accounts of whether he had contact with the sender, claimed he could not provide evidence due to a phone change, and it was unusual that he would keep an unsolicited payment from an unknown person simply because it was labelled 'gift'. The ombudsman concluded it was more likely than not that Mr W knew the payments were or might be fraudulent, and that he was either expecting the second payment or had been instructed to move it on. The ombudsman found the Cifas marker was registered fairly and appropriately.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website