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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Hi, I have received a payment of £15,000 sent by my Partner

Customer Question

Hi,
I have received a payment of £15,000 sent by my Partner from her Bank account in France as we are planning to buy a car and refurbish our house. The funds was cleared and I started to spend it. the next day I went to Barclays Bank to give them 24h notice to withdraw £10k and was surprised that later on that day the Bank has withheld £12,186.00 without explanation and when I went there they said that there is an investigation going on. I had plan in place and it is 3 days now and still nothing yet from the Bank.
This money is a loan taken by my partner from her employer as she works for a big worldwide Oil Company.
Please help me!
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

If the bank are holding the money with out explanation it is most likely that they are conducting anti money laundering and anti fraud checks.

I am afraid there is very little you can do about this. What I suggest is you take the following action:
1.Write to the bank and tell them that you need the money. Put them on notice that if they do not release it you will suffer loss. Say to them they are obliged to demonstrate reasonable grounds for with holding the money and to treat you fairly. If they do not respond within 48 hours say to them that you reserve the right to take any action available to you.
2. Get your partner to send you a copy of her ID and proof of where the money came from. Also send the bank an explanation as to what you intend to use the money for. This should speed things up.

If you put the bank on notice as I have described above if you then suffer any loss you can:
(i) Make a claim in the county court; or
(ii) Make a complaint to the Financial Ombudsman.www.financial-ombudsman.org.uk/‎


I am afraid what you have hit on here is a hot topic for banks (especially English ones) that have failed to do proper checks and have been complicit in money laundering (HSBC and Standard Charter being widely criticised) that said they can only make these investigations on a reasonable suspicion. (For further information see the case of Shah v HSBC). Banks are also required to treat you fairly and stone walling you is wholly unacceptable.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Dear Alex

Thanks for your answers to my questions.
I have written to the Bank giving them 48h notice and have contacted the Financial Ombudsman however they said that they cannot do anything as they give the Bank 8 weeks to resolve the issue.
They have taken my details and have registered my claim.
I am now really stressed as I was meant to travel and cannot plan the next day and that is affecting my health now.
My family is away from me and I don't know who to turn to.
I call the bank every day and they keep saying the same thing: they will get back to me.
Please help me here!

Thank you!
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Your next option is to put the bank on notice of any losses this is causing you.

Tell them if they do not release the money you will start a court claim against them.

That is the only way to force the issue. Otherwise you have to wait for them to make a decision and then hold them accountable for any loss suffered once they have finished processing the issue.

I look forward to hearing from you.

Kind regards

AJ

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