Not upheld: Credit file / adverse marker disputes complaint against TSB Bank plc

Decision detail

Summary

Mr S complained that TSB Bank plc improperly lodged a fraud-related marker on the CIFAS database after his newly-opened account received £300 from another bank's customer who had been scammed. When TSB asked Mr S to explain the funds, he claimed they were from a mate, but evidence showed he knew the people he was dealing with were scammers and expressed concern about transferring to foreigners. The ombudsman found Mr S's explanation was not credible and that TSB had sufficient clear evidence that Mr S was in receipt of fraudulent funds and knew this to be the case. The complaint was not upheld and the ombudsman found TSB acted properly in lodging the CIFAS marker in accordance with regulatory requirements.

The Ombudsman's reasoning

The ombudsman applied the CIFAS marker requirements which state 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 S's evidence was not credible - he fell victim to multiple unrelated scams, accused the third parties of being scammers in his messages, expressed concern about transferring to foreigners, yet lied to TSB by claiming the funds were from a mate when he knew they were not. The ombudsman concluded that Mr S was in receipt of fraudulent funds, made use of them, and importantly knew this was the case. TSB therefore 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