Bank Account suspended

[shamen]

Re: Bank Account suspended

The only time you would appear on the police database (PND) is if you had been recently arrested (arrests long ago 'drop off' the database when you are no longer classed as 'nominal'), cautioned or convicted of an offense (or have fingerprints/DNA on record).

So if you fall into none of those categories, there is no data about you on the PND to access.

Even if you do fall into one of those categories, if a police offier were to access your details outside of normal protocol (normal protocol is in the course of a criminal investigation, arrest, performing background checks for CRB etc) - for example they just wanted to 'check you out' for personal reasons, then that is classed as a serious misuse by the police.

Freedom of information would not grant you any right to see personal information. What you would need to use is the data protection act. however the police can withhold data in the response if it relates to an ongoing investigation and this may prejudice the investigation. Im not sure if a data protection request would reveal how often and by whom the data has been accessed though.

Its interesting to see that her story has morphed a little bit in the grapevine. From your point of view, money was paid into your bank to cover her share in the household outgoings. Shes told the card company this is unauthorized, hence the freezing of accounts. This doesn't match what she is telling people; that the card was taken out in her name to pay for online gambling. Its clear the money hasnt gone into online gambling accounts from her card, else why would your account be frozen.

My advice is to be very careful with this new person. They have a connection to your ex, even if it is just a 2nd degree connection and you never know what you say may come back to bite you. For example, if you dont want this person to know that you are the person concerned and you lie to cover it up and that later then comes out, then thats an additional person within the police force who would then be inclined to believe that you do not tell the truth.

[CleverClogs]

Re: Bank Account suspended

"the other day a friend was telling about me about a friend whose live in partner had got out a credit card in her name and ran up debt on it of about 3k. Apparently he was into on line gambling (I would call that a vice). Anyway quite rightly she promptly dumped him and it's funny you know but he sounded abit like you. So it can't be you!!! Can it?"

I would like to know if this is not prejudicial and if this person has searched me?

It could not possibly refer to you, as they didn't mention any tendency to paranoia.

[cato]

Re: Bank Account suspended

Indeed paranoia...haha..

in addition, I have been able to view an email from the investigating officer advising my ex to send a letter to the credit card company to plead her innocence!!! Are police able to give such advice or is there job merely to accumulate evidence etc and be impartial...

not advise my ex of what to do next!!

thanks all

[CleverClogs]

Re: Bank Account suspended

In addition, I have been able to view an email from the investigating officer advising my ex to send a letter to the credit card company to plead her innocence!!! Are police able to give such advice or is there job merely to accumulate evidence etc and be impartial...

not advise my ex of what to do next!!

Such conduct does seem to be quite remarkably unprofessional.

Did that "investigating officer" and your ex ever discuss Uganda together?

[cato]

Re: Bank Account suspended

I do understnad a little humour, but please understnad that this is actually happening too me....all the information I have given is true...
I have no access to any money because of this problem...my bank is suspended, I have no access to any money, the local council has issued a summons for non payment of council tax, i cannot pay my mortgage, my ex is considering also taking me to court for non payment of maintenance, I cannot pay for food for my son, nor give him money to go to school....I cannot conduct my normal life......
this is absolutely devastating, and I havent slept more than 2 hrs per night in 3 weeks, I dont have money to pay for food in my home and I have to relay on eating when i go to friends houses.....

this really is a serious thread for which I am asking advice or assistance....

thanks
cato

[CleverClogs]

Re: Bank Account suspended

Cato, I did not mean to belittle the hardship you are currently suffering; my response was strictly concerned with the alleged antics of that flatfooted flatfoot.

Perhaps the best advice you have been given so far was in post # 5; further to that, I can only suggest contacting your local Citizens Advice Bureau as they may be able to help in practical ways until your name is cleared, your account is unfrozen and you can seek damages from your ex or some legal restraints to stop her doing this again.

[cato]

Re: Bank Account suspended

understood cleverclogs...I guess a little humour in this situation could allow me to vent a little pressure...thanks for the reference back too post 5...action is being taken, similar to what you have suggested...

I will keep you posted on the outcome as my bank has stated that if the MBNA do not respond by Thursday they will return my account to normal status...fingers crossed.

thanks
cato

[cato]

Re: Bank Account suspended

hi all....update!!!

the MBNA has been in contact with me and asked if I would settle the debt at an agreed rate and they would not take this any further....I cant believe that they are putting me in this situation, knowing that I am in such a difficult situation...

If I accept I pay the money back for something that was supposed to be for house expenditure and my ex gets off with not paying anything back..

If I dont accept I face the potential of a long drawn out conclusion which could take weeks and would still mean that my accounts are frozen until then....

this is effectively blackmailing me as I am in such financial distress...how can i possible win in this type of situation.....I feel that they are putting me under such pressure to agree just because I am not in a financial position to decline and await the final result....

i cannot win!!!!!!!!!!!!!!!!!

cato

[cato]

Re: Bank Account suspended

also i will soon be missing payment on my financial commitments if things arent resolved....credit refrence agencies I am sure will record a missed payment upon my account.....if this happens and sibsequently the case is dropped or unproven......can i then ask the credit reference agencies to remove this information as the missed payments were no fault of mine and because of an unproven allegation which prevented me from accessing my account????

thanks
cato

[CleverClogs]

Re: Bank Account suspended

also i will soon be missing payment on my financial commitments if things arent resolved....credit refrence agencies I am sure will record a missed payment upon my account.....if this happens and sibsequently the case is dropped or unproven......can i then ask the credit reference agencies to remove this information as the missed payments were no fault of mine and because of an unproven allegation which prevented me from accessing my account????

You can certainly ask them.

They won't comply, though.

Try serving them with a section 10 notice to deny them any right to process your data.

[The Debt Star]

Re: Bank Account suspended

Try serving them with a section 10 notice to deny them any right to process your data.

what's that then and how does it work CC?

[CleverClogs]

Re: Bank Account suspended

Section 10 of the Data Protection Act 1998 - link - allows a data subject to instruct a data controller either to cease or not to begin processing personal data. It should be quite clear, when one looks at paragraphs 1 to 4 in Schedule 2 - link - that none of those conditions applies to a default notice placed on the file of a CRA. The data controller must within twenty-one days of receiving a data subject notice reply in writing stating either that he/she will comply, or stating the reasons why he thinks the data subject notice is unjustified.

[cato]

Re: Bank Account suspended

hi all,

A little bit of good news!!! My bank has now been reinstated with full
Privileges
...thank god!! My bank informs me that they they consider this to be a civil matter and no longer consider the information from MBNA to be fraud....

I now have two options!!

option one - settle half the debt with MBNA on agreed terms with no admittance of fraud...they will not persue things any further

option two - continue to dispute the allegation and perhaps, worst case they take the case further...i dont think they will based upon the lack of evidence but you never know...

i am unsure as yet but if i accept half the debt, can i proceed still with a small claims court action for the expenses i have incurred due to her false, uproven allegation.......???

in addition, if i accept the half settlement and therefore there is no case of fraud to answer, can i have access to all documents relating to the allegation...ie my ex's statement and email between the police and my ex??? i would like to view this information to decide if to persue a defamation case??

as ever, thanks for your help!!

cato