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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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The police froze my bank account 18 months ago ! As yet no

Customer Question

The police froze my bank account 18 months ago ! As yet no charges have been brought .i received a letter six months ago saying they had insufiant evidence to continue with the case but my bank account remains frozen ; what should I do.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
my aunt gave me a gift of £30.000 pounds .for my 65 the birthday .I put the cheque in my bank and it cleared.her lawyer.who had power of attorney had me arrested for financial abuse.the police froze my account and the money just sits there,that was may 2014 since then about six months ago a letter arrived from the police saying that their was not enough evidence to proceed .and cancelled the order banning from me seeing my aunt ,who now is in deep dementure.I have not been charged with any crime as yet.but my bank account containing this money remains frozen.thankyou Michael.
Customer: replied 1 year ago.
Just a footnote .my. Aunt had her property and money confiscated unknown to her by her lawyer to the tune of some £750.000.my ahnt is in a care home and is oblivious to this now.
Expert:  Jo C. replied 1 year ago.
Are they pursuing this as proceeds of crime?
Customer: replied 1 year ago.
Ithey were yes.idid receive an informal telephone call from the vunerable person squaud .asking if I was prepared to return the cash . but that was in January This year !( I. answered if I must !they replied it would be favourable! ) no contact since thanks
re
Expert:  Jo C. replied 1 year ago.
Ok.
Are you unwilling to do that?
Customer: replied 1 year ago.
Well it was a retirement plan my uncle (now deceased)meant for me .after care ing for him during his 3year battle with Parkinson's .but of coarse I cannot prove this.and my aunt who is 87 to whom I am the sole next of kin .cannot support this due to her dementure .so yes I am unwilling to do this .but do I have a choice! can the police take it without charging me with anything !it is still in my bank account . how long must it remain frozen .without a charge.
Expert:  Jo C. replied 1 year ago.
Well, they shouldn't do that but they are. There is no way around that. You can always lay a complaint under the Police Property Act but then you would have to prove that it is yours legitimately and that may provoke a reply from the police that is not what you wanted. Also, it does rather invite a proceeds of crime act action. it depends if you are willing to run the risk because I suppose you don't have the money at the moment anyway so it might be worth the risk.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
but surely it cannot go on indefinitely? I am 67 and my aunt 87 .time is in short supply .there must be some kind of a legal period whether it's mine or not
Expert:  Jo C. replied 1 year ago.
Well, they shouldn't do that but they are. There is no way around that.
There isn't any other way of challenging it than what I mentioned above.

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