Here is our guide on how to remove a CIFAS marker can remain on your record for six years, but you do not always need to wait for it to expire. If the marker is unfair, inaccurate, or disproportionate, you can challenge it and seek early removal.
Here is the step-by-step process.
Step 1: Submit a Data Subject Access Request (DSAR) #
- Write to the bank or organisation that recorded the marker.
- Ask for a copy of all the data they hold on you, including evidence used to justify the filing.
- You can also request your record directly from CIFAS to see what is logged in the National Fraud Database (NFD).
- This step is vital, as it tells you exactly what you are accused of and allows you to test whether the Standard of Proof was met.
Step 2: Review the Evidence #
- Check if the evidence shows dishonesty and intent, or if it could simply be an error, misunderstanding, or coercion.
- See if the conduct fits a recognised CIFAS case type (such as False Application, Misuse of Facility, or Facility Takeover).
- Confirm whether the product was actually refused or terminated, as required by CIFAS rules.
Step 3: Complain to the Bank or Organisation #
- Write a formal complaint explaining why the marker is unfair.
- Refer to the CIFAS Principles (especially Fairness and Proportionality).
- Cite your rights under data protection law (accuracy, fairness, purpose limitation).
- Ask for the marker to be removed or amended.
The firm must reply within 8 weeks, under FCA DISP rules.
Step 4: Escalate to CIFAS #
If the bank refuses, you can ask CIFAS to conduct a review. CIFAS will:
- Check whether the Standard of Proof was met.
- Assess if the evidence was sufficient and proportionate.
- Decide whether the marker should remain or be removed.
Step 5: Take Your Case to the Financial Ombudsman Service #
If CIFAS upholds the marker, you can escalate to the Financial Ombudsman Service (FOS). The Ombudsman will review whether the bank acted fairly and reasonably, and has the power to order removal of the marker.
Step 6: Legal Action as a Last Resort #
If the Ombudsman rejects your case, the final option is to take the matter to court. You can seek:
- A declaration that the marker is unlawful.
- An injunction requiring its removal.
- In some cases, damages for distress or financial loss.
Courts look closely at proportionality, evidence, and compliance with data protection law.
