If you believe a CIFAS marker has been applied unfairly, your first step is to use the cifas marker complaint process. This is a formal procedure, governed by FCA DISP rules, that requires banks and financial firms to review your case.
The complaint process is important because it is usually the gateway to escalatio, first to CIFAS, then the Ombudsman, and finally the courts.
Step 1: Submitting a Complaint to the Bank or Organisation #
- Write a clear complaint explaining why the marker is unfair.
- Refer to the CIFAS Principles (especially fairness, proportionality, and accuracy).
- Point out if the evidence fails the Standard of Proof.
- Raise any breaches of data protection law, such as inaccuracy or lack of transparency.
What to Include #
- Your full name, address, and date of birth.
- The reference number of the CIFAS case (if known).
- A summary of why you believe the marker is unfair.
- Any supporting evidence (for example, proof of identity theft or coercion).
Step 2: Bank’s Response #
- Under FCA DISP rules, the bank must issue a final response within 8 weeks.
- The response must explain whether they will remove the marker or maintain it.
- They must also tell you about your right to escalate to the Financial Ombudsman Service.
If the bank refuses to remove the marker or fails to reply within the deadline, you can escalate.
Step 3: CIFAS Review #
If you are unsatisfied with the bank’s response, you can ask CIFAS to review the case. CIFAS will check:
- Whether the bank followed the Standard of Proof.
- Whether the evidence was clear, relevant, and rigorous.
- Whether the bank acted fairly and proportionately.
Step 4: Financial Ombudsman Service (FOS) #
If CIFAS upholds the bank’s decision, you can take your case to the Ombudsman. The FOS can order removal of the marker if it believes the bank acted unfairly.
Why the Complaint Process Matters #
The complaint process is not just a formality. It is your opportunity to:
- Set out your case clearly in writing.
- Build the foundation for escalation.
- Put the bank on notice that you are prepared to escalate to the Ombudsman or court if necessary.
Handled properly, a strong complaint can often lead to early removal without needing to go further.
Key Takeaway #
The complaint process is your first step in removing a CIFAS marker. By referencing the CIFAS Principles, Standard of Proof, and data protection rights, you can put pressure on the bank to review its decision fairly.
