How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

An old aquaintence who lent me money last year, but because

Resolved Question:

An old aquaintence who lent me money last year, but because I did not pay them back they have gone to their bank and made up a story and said they sold me a car and they did not receive the car.
Their bank has then blocked my account in my bank and alerted the fraud department.
The fraud department then said I had to prove that I did not sell him the car.
Well of course I could not do this as the car story was completely fabricated. They then said they could not unblock my account until he withdrew his complaint.
I then asked my bank why it had taken him so long to realise that he had not received the car if in fact this was true. They even had to admit that it did seem strange but explained that his bank had requested the block and had asked my bank to sign an indemnity form.
I managed to convince my old aquaintence to explain to the bank that my account should be unblocked. They only unblocked it because I said I was taking my old aquaintence and his bank to court based on the fact that they had no evidence of any car bought or sold.
After it had been unblocked my old aquaintence was able to tell me when I attempted to withdraw funds from my account ( surely this illegal - how can his bank tell him such confidential information)
Can you advise how I might go about taking both banks and my old aquaintence to court and getting some sort of compensation as it has literally cost me a few thousand based on the fact that I could not access funds in my account for over a week.
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
It has been more than 10 hours and I still have not had a response.
Expert:  F E Smith replied 8 months ago.

It is possible for you to prove and it’s possible for them to prove that they sold you a car (they did sell you a car) but it is impossible for you to prove that they didn’t.

The bank have acted completely unreasonably.

They had no right to block your account simply based upon someone else’s say-so unless someone else had a court order or the person that lent you the money paid you by debit card (withdrawing the money on debit card is different than paying by debit card)

There is no legal aid for the action you are planning.Unless you want to spend and risk lots more money going to court, which could cost thousands of pounds in legal costs because the bank will defend your action, I would suggest that you might want to complain to the Financial Ombudsman Service which is cost and risk free.

You have to exhausted the bank’s internal complaints procedure.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 8 months ago.
There is no proof that a car was sold. They just made that story up. I had already told the bank that if I did sell them a car why has it taken them 9 months to do anything. Why didn't they go to the police and where is their evidence. Their bank said they were still waiting for the evidence that still has not materialised. They did a bank transfer into my account but this was not for the sale of any goods, they simply lent me the money.
So are you saying I should make a formal complaint to my bank first before going to the ombudsman?

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice