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Police confiscation of £2200! Can anyone help, please?!

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  • Police confiscation of £2200! Can anyone help, please?!

    A friend of my ex-husband, who are both ALBANIAN, was carrying £2200 home on behalf my ex-husband was stopped by airport immigration and had the money confiscated from him as he was here in the UK illegally and so they said the money was therefore illegally gained.


    They said this because my ex-husband’s friend said it was his money and he said this because his English is not good and he was under stress. The money is actually my ex-husband who is LEGAL in this county, and has and continues to work hard for every penny that he earns.


    The money was for his parents who live up in the mountains and require the money to help with renovations to their home before the xmas period and the cold weather really comes down on them.


    Albanian culture is very different from English culture in the sense that they save a lot and not necessarily in a bank. They wouldn't do a wire transfer to home because some people don’t even have a bank account so they use each other to send money home. And there is nothing wrong or illegal with that. In addition to this, the Albanian community will lend money to each other and when required the money will be returned, so even though the funds may have been withdrawn in June, for example sake, in the form of a LOAN, the money may not ever go back into the ‘lender’s account and simply returned as cash for the ‘lender’ aka my ex-husband, to then give to someone to bring home. Thus, no ‘definitive’ paper trail.


    And this is where the problem lays.
    1. My ex-husband’s friend told immigration that it was his money
    2. The police officer is stating that even though my ex-husband can prove he has an income and various withdrawals, there is nothing ‘close’ to the date of the departure of my ex-husband’s friend to coincide with the amount of money stated, to ‘back-up’ what my ex-husband is saying.


    So what has happened?
    1. It went to court, my ex-husband then a certain amount of days to claim the money as his as it is, so he did!
    2. Proof of who he is, his employment, 6 months bank account statements was requested and sent in letter form.
    3. Numerous follow up calls were made and then a letter was sent asking for A. Details of the recipients in Albania aka his parents; B. Specific dates of withdrawals and deposits of the amount of money in question; and C. If my ex-husband has any other income outside of what he has stated.
    4. Ex-husband went to see the officer dealing with the case in Gatwick, he told him that there is not enough proof that he gave his friend the money, due to no definitive date of withdrawals matching or close to the amount in question. Therefore, if he CHOOSE S to pursue the case it would cost him more money (legal fees) and they would investigate him.


    Now I find this outcome incredible, disgusting and believe that there is a WAY for my ex-husband to get his money back WITHOUT him being treated like a criminal, having to pay more money in legal fees or being investigated.


    Is anyone here aware of a law, case study, and/or statute that if given/stated to the police they would have to return this money to my ex-husband no questions asked...or even, implied threats given?


    My ex-husband is a pain in my ass, but he is a good man and he and his family do not deserve this. He has done EVERYTHING the police have asked and from what I understand we live in a country where people are INNOCENT before being proved GUILTY! Therefore, since he has done nothing wrong they treating him as if he is guilty of something and punishing him by confiscating his money?!! If they cannot PROVE that the money is not his then why do they have the RIGHT to keep it?


    I really need your help...any help! My ex-husband is generally quite ballsy but he does not have the patience, time (he gets paid hourly, so no work no pay!), money nor understanding to fight this and win, so he said he will walk away from the situation even though he and his family cannot afford to lose £2200! It is a lot of money! I have asked him to wait until this Wednesday to tell the police that he will not be pursuing the case, thus forfeiting the money, in order to see what information I can find out on his behalf!


    I believe there must be a way for him to get him money back simply ....so here’s to believing in our higher good and being positive!


    Thank you and have a good morning!

  • #2
    Re: Police confiscation of £2200! Can anyone help, please?!

    Looking at this as an outsider it seems the man tells the authorities the money is his,then its conviscated and he then says the money is the OPs ex. husband I know what I would think.
    Why did the man say it was his money if it wasn't ?

    Comment


    • #3
      Re: Police confiscation of £2200! Can anyone help, please?!

      I Have to concur with Walesman, it does look a bit suspect from an outsiders point of view. There's many open questions here too, such as why wasn't the money sent by bank transfer or other wire transfer method like western union? Why in cash and not by cheque? If the other mans english was not good, then he should not have been questioned without an interpreter, and any questions answered prior to an interpreter being available to him should not be used as valid evidence in my opinion. But on top of all that, if your ex husband knew this guy was here illegally then why on earth give the money to him in the first place as he was bound to have been stopped at the airport?
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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      Comment


      • #4
        Re: Police confiscation of £2200! Can anyone help, please?!

        Did the immigration staff give a receipt?

        Comment


        • #5
          Re: Police confiscation of £2200! Can anyone help, please?!

          Originally posted by vinnie76 View Post
          A friend of my ex-husband, who are both ALBANIAN, was carrying £2200 home on behalf my ex-husband was stopped by airport immigration and had the money confiscated from him as he was here in the UK illegally and so they said the money was therefore illegally gained. They're okay if they have proof he is in the UK illegally, but they are on a sticky wicket if they do not have proof the money has been illegally gain.

          They said this because my ex-husband’s friend said it was his money and he said this because his English is not good and he was under stress. The money is actually my ex-husband who is LEGAL in this county, and has and continues to work hard for every penny that he earns. Memo to ex-husband's friend - Get your story straight before you get stopped by immigration. Memo to ex-husband - Choose your friends more carefully.

          The money was for his parents who live up in the mountains and require the money to help with renovations to their home before the xmas period and the cold weather really comes down on them.


          Albanian culture is very different from English culture in the sense that they save a lot and not necessarily in a bank. They wouldn't do a wire transfer to home because some people don’t even have a bank account so they use each other to send money home. And there is nothing wrong or illegal with that. In addition to this, the Albanian community will lend money to each other and when required the money will be returned, so even though the funds may have been withdrawn in June, for example sake, in the form of a LOAN, the money may not ever go back into the ‘lender’s account and simply returned as cash for the ‘lender’ aka my ex-husband, to then give to someone to bring home. Thus, no ‘definitive’ paper trail. Nothing illegal about that. What currency was the £2200 in, please?

          And this is where the problem lays.

          1. My ex-husband’s friend told immigration that it was his money Muppet
          2. The police officer is stating that even though my ex-husband can prove he has an income and various withdrawals, there is nothing ‘close’ to the date of the departure of my ex-husband’s friend to coincide with the amount of money stated, to ‘back-up’ what my ex-husband is saying. It sounds like the police officer is clutching at straws. Your ex-husband needs to involve a legal professional.

          So what has happened?
          1. It went to court, my ex-husband then a certain amount of days to claim the money as his as it is, so he did! Good.
          2. Proof of who he is, his employment, 6 months bank account statements was requested and sent in letter form. Not unreasonable.
          3. Numerous follow up calls were made and then a letter was sent asking for A. Details of the recipients in Albania aka his parents; B. Specific dates of withdrawals and deposits of the amount of money in question; and C. If my ex-husband has any other income outside of what he has stated. Again, not unreasonable.
          4. Ex-husband went to see the officer dealing with the case in Gatwick, he told him that there is not enough proof that he gave his friend the money, due to no definitive date of withdrawals matching or close to the amount in question. Therefore, if he CHOOSE S to pursue the case it would cost him more money (legal fees) and they would investigate him. Escalate to a senior police officer. What authority is this officer acting under? Is there a record or is this officer trying to get themselves suspended or sacked?

          Now I find this outcome incredible, disgusting and believe that there is a WAY for my ex-husband to get his money back WITHOUT him being treated like a criminal, having to pay more money in legal fees or being investigated.

          Is anyone here aware of a law, case study, and/or statute that if given/stated to the police they would have to return this money to my ex-husband no questions asked...or even, implied threats given? The police must state the legislation they are drawing their authority from, otherwise the matter begins to stink of corruption. This is why your ex-husband needs to get a legal professional involved as soon as possible.

          My ex-husband is a pain in my ass, but he is a good man and he and his family do not deserve this. He has done EVERYTHING the police have asked and from what I understand we live in a country where people are INNOCENT before being proved GUILTY! Therefore, since he has done nothing wrong they treating him as if he is guilty of something and punishing him by confiscating his money?!! If they cannot PROVE that the money is not his then why do they have the RIGHT to keep it? See previous comment.

          I really need your help...any help! My ex-husband is generally quite ballsy but he does not have the patience, time (he gets paid hourly, so no work no pay!), money nor understanding to fight this and win, so he said he will walk away from the situation even though he and his family cannot afford to lose £2200! It is a lot of money! I have asked him to wait until this Wednesday to tell the police that he will not be pursuing the case, thus forfeiting the money, in order to see what information I can find out on his behalf!

          I believe there must be a way for him to get him money back simply ....so here’s to believing in our higher good and being positive!

          Thank you and have a good morning!
          As a former policeman,I have to say the way Surrey Police are behaving is unacceptable. They should be able to quote the legislation they are acting under, but do not seem to be doing so. This is why your ex-husband needs to get a legal professional involved.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Police confiscation of £2200! Can anyone help, please?!

            So..an' illegal' immigrant got caught taking £2200 (that he can't account for as there is no paper trail) out of the UK (where he shouldn't have been in the first place),and said money has been confiscated (because noone can prove where it came from) and a 'legal'immigrant is now saying that the money is his (although again,he can't prove it) and the police/border control are wrong to confiscate it?
            Someone care to explain why they are wrong??

            Comment


            • #7
              Re: Police confiscation of £2200! Can anyone help, please?!

              Have to agree with INCA as for Police corruption suggested here more like illegal immigrants taking money out of the country they earnt whilst here illegally

              Comment


              • #8
                Re: Police confiscation of £2200! Can anyone help, please?!

                Before anyone starts banging the illegal immigrant drum, I have to point out that even illegal immigrants are entitled to the same protections as legal immigrants under PACE as well as the "Innocent until proven guilty" principle of English Law. The police officer in this case needs to explain what legal authority he is acting under to the OP's ex-husband. Whilst the police have power to impound the money until it is established whose money it is and how it came into the possession of the OP's ex-husband's friend, they would have to apply to a court in order to confiscate it. There are stops and checks in the system to prevent abuse.

                As regards UKBA, there have been cases in the past where their predecessors, namely, H.M. Customs & Excise, have been found to have acted illegally in seizing items in travellers' possession. They do not have power to confiscate arbitrarily. They have to seize/impound first, then seek a Forfeiture Order from a court. Customs officers have been caught seizing items and not informing travellers of their legal rights to challenge the seizure/impound and this is one of the reasons why they have been found to have acted illegally in the past. Drugs are subject to legislation which does not fall within the scope of border control/customs legislation, i.e. Misuse of Drugs Act.

                Finally, if there is one thing that can be guaranteed to lose a police officer their job and that is property, including property that has been seized. The officer the OP refers to is too much "jaw jaw" and not enough "law law". He either starts explaining his actions, including the legislation he is acting under, or he is at very real risk of a formal complaint and suspension from duty.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Police confiscation of £2200! Can anyone help, please?!

                  Cause English is not his first language, he is illegal in the country but leaving and probably was scared. I don't know. It wasn't like my ex was there with him, so he probably thought they would not take it from him.

                  Comment


                  • #10
                    Re: Police confiscation of £2200! Can anyone help, please?!

                    Different cultures do different things. That is how the Albanian community work. They don't trusts banks the way we do. I suppose my ex had done it before and knew of others who had done it before so why do anything different from what has been done before successfully?

                    Comment


                    • #11
                      Re: Police confiscation of £2200! Can anyone help, please?!

                      As far as I aware I don't know.

                      Comment


                      • #12
                        Re: Police confiscation of £2200! Can anyone help, please?!

                        Bluebottle, thank you for your through reply and not judging the situation but simply trying to give some guidance.

                        I personally feel like something is suspect and they are not being as transparent as they should. My ex-husband did all that they asked but still they are saying there is not enough proof. I feel as if they asked my ex to jump through hoops for no reason.

                        My ex-husband has dropped it now....as he felt he would not win and did not want to lose more money in taking it to court or getting a lawyer. I told him to reconsider but he his mind was made up. A pity really!

                        Comment


                        • #13
                          Re: Police confiscation of £2200! Can anyone help, please?!

                          Inca...many people have been many places that they weren't suppose to be simply to make a better life for themselves. Just because someone may come into this country illegally does not make them as a person, and thus their actions, intentions illegal. If you know anything about Albanians you will know them to be grafters...hard working individuals.

                          With all due respect, I did not post my post on here for the people mentioned in it to be judged or to have to explain how a community of people do things to support themselves and their families back home.

                          Comment


                          • #14
                            Re: Police confiscation of £2200! Can anyone help, please?!

                            Just because they are here illegally does not mean that the money they got up everyday to go to work for is illegal? It does not mean the hours and sweat they put in is not as valuable to that of person who is 'legal'? To me that is like saying an illegal person's belly doesn't rumble the same as a 'legal's man when he is hungry.

                            Anyway, the money was my ex, so was earned legally. And now confiscated due to a lack of communication skills of an illegal immigrant who CHOOSE to leave the country - and which works in the favour of the establishment.

                            Comment


                            • #15
                              Re: Police confiscation of £2200! Can anyone help, please?!

                              Originally posted by Inca View Post
                              So..an' illegal' immigrant got caught taking £2200 (that he can't account for as there is no paper trail) out of the UK (where he shouldn't have been in the first place),and said money has been confiscated (because noone can prove where it came from) and a 'legal'immigrant is now saying that the money is his (although again,he can't prove it) and the police/border control are wrong to confiscate it?
                              Someone care to explain why they are wrong??
                              Simply this - the woodentops should not assume that all monied Albanians are pimps. :grin:

                              Comment

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