Account Freezing Orders (AFO)

Are you the subject of an Account Freezing Order (AFO)? If so, we know that you will be concerned about your finances and access to funds.

We understand that you will want swift legal advice, access to urgent funds for certain expenses and a plan to try and remove the AFO as soon as possible.

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Account Freezing Order Barrister

Tanveer Qureshi has gained a reputation as one of the leading barristers representing clients who have been subjected to an Account Freezing Order (AFO). Tanveer has had considerable success in challenging interim orders, applying to release funds to pay for monthly reasonable living expenses, business expenses and legal fees.

It is important to bear in mind that such proceedings are civil in nature even though they take place in a criminal court, because the Account Freezing Order is made under the Proceeds of Crime Act (POCA) 2002. Therefore, expert advice is essential.

Tanveer is on hand to discuss your circumstances and defence strategy and can assist where you are located. He has regularly been instructed in high-profile Account Freezing Order cases as well as been mentioned in the media, alongside receiving excellent client testimonials and recommendations from legal directories.

Tanveer is able to provide swift legal advice, seek access to urgent funds for certain expenses and plan to try and remove the Account Freezing Order as soon as possible.

Instructing your AFO defence team

You can instruct Tanveer Qureshi directly without the need for a solicitor. This can be one way of helping to manage legal representation costs. In some cases, after speaking with you, we may recommend that your defence needs are best accommodated by instructing Tanveer via a solicitor. We will be able to explain the most cost-effective and practical strategy after reviewing your case details.

Instructing a barrister directly is called ‘direct access’, as you can come directly to a barrister for legal representation. There are many benefits to this approach and to find out more, please visit our direct access page.

Telephone Discussion

To discuss your circumstances and for a quote for legal representation, please contact us on 0203 637 2190. Alternatively, you can use the contact form or WhatsApp link for urgent legal advice. To book an appointment for a discussion, you can also email Tanveer directly on tanveer@tqlegal.co.uk and he will get back to you as soon as possible.

What is an Account Freezing Order (AFO)?

Account Freezing Orders stops the holder of a bank account from accessing or making payments from a bank account. This provides authorities with powers to tackle a range of potential criminal offences.

Authorities use Account Freezing Orders and other mechanisms to help against financial crime. Authorities are often looking to recover funds from the proceeds of crime by using these orders.

All that is required is reasonable suspicion to freeze your account. Under the Proceeds of Crime Act (2002) authorities can confiscate assets thought to be obtained by means of criminal activity and fraud.

Often innocent individuals have their accounts frozen and you should apply for the release of your funds as soon as possible. Third parties may also have funds tied up in account and may need to make an application to help release those funds.

An Account Freezing Notice could turn into a ‘‘Account Forfeiture Notice’ (AFN) which is where you have 30 days to set out your objections, after which the court will consider whether funds in the account originate from unlawful conduct or may be used in criminal conduct. The court may then decide that those funds can be forfeited.

Criminal proceedings may also be instigated at the same time, so it is extremely important to seek urgent legal advice on your circumstances.

Unfreezing your Bank Account– next steps

Account Freezing Orders (AFOs) can have a serious impact on your personal or business life. Without access to a bank account, either in person or online, your direct debits and standing orders will be cancelled alongside any ATM / card access being blocked.

We can help you make an application to unblock bank accounts and access funds for specific purposes. You may also be invited to an interview where you will be asked questions about your account activity. Remember to speak to us before you agree to attend any interview or answer any questions.

We understand you will require funds to pay for family life, legal representation and mortgage payments. Oftentimes a suspicious transaction can cause a long delay in access to your accounts, evening with legitimate explanations.

How long does it take to unfreeze a bank account?

Some bank accounts may be frozen for a number of days and others may be blocked for months or years, so it is essential to receive legal advice as soon as possible so we can contest the Account Freezing Order.

Your bank will often not let you know any information due to regulations around money laundering and suspicious activity reports.

All banks – from high street banks like Barclays, HSBC and Santander, to online banks such as Monzo and Revolut – are required by law to comply with the Account Freezing Order, and can freeze your bank account without permission or notice, and will only offer up reasons like ‘frozen due to suspicious activity’ or ‘account restricted / blocked while under review’ until we get the full details of the order from the court.

The legal process to unblock your bank account will help to reveal the reasons why your bank account is blocked, due to the applicant’s obligation (the court, police, or government body freezing your account) to prepare and serve a legal note explaining the details of the hearing.

Account Freezing Order Without Notice

The Account Freezing Order (AFO) can be obtained without any notice or warning being given. These are known as ‘without notice’ hearings, and exist to prevent anyone from hiding / moving the assets before the freezing injunction is granted.

No conviction is required for account freezing or forfeiture to take place, and oftentimes you will only become aware of the freezing order on your bank account when you begin to have difficulties using the account.

In this case, there is an obligation from the applicant / applicant’s solicitor to prepare a full and detailed note of the hearing, and serve it to the respondent once the freezing order has been obtained. Tanveer will use this note and related documents to understand your situation and how best to challenge the AFO.

Why instruct TQ Legal?

We understand how to deal with the authorities in challenging AFOs and Proceeds of Crime Act (POCA) matters.

Tanveer has an enviable reputation for successfully representing clients in complex and serious matters and will protect your interests from the outset.

Recent Cases

Tanveer has regularly been instructed in case where he is asked to make applications, including:

  • Setting aside the application
  • Variation of the application
  • Negotiation and settlement
  • Final forfeiture hearing

Recent cases include:

  • Successfully opposing HMRC application for forfeiture order £400,000 returned to client, Leeds Magistrates 2023
  • Successful variation of Account Freezing Order to allow company to withdraw reasonable business expenses each month of £4,000, Leicester Magistrates court 2023
  • Successful objection to continuation of interim freezing order, order set aside on the basis that the police were unable to demonstrate reasonable suspicion that the money in the account represented criminal property, Basildon Magistrates court 2023
  • Settlement of £1M account freezing order with Greater Manchester Police resulting in an agreement as to how much should be returned to defendant, 2024

Reputation & Media

Tanveer has often been featured in the media, including the BBC, The Guardian, The Telegraph and The Independent to name but a few.

Having represented individuals, company directors and businesses for almost 20 years in serious legal matters, he has earned a reputation for delivering successful outcomes for clients often in difficult circumstances and against the odds.

He has also been highly recommended in prominent legal directories such as The Legal 500 with feedback including such quotes as, He, in my opinion, is a master tactician and grasps the most pertinent aspects of a case immediately”.

How to make contact

We can support you wherever you are based and understand that you will want urgent legal advice and assistance.

To discuss your circumstances and for a no obligation quote for legal representation, please contact us on 0203 637 2190.

Alternatively, you can use the contact form or WhatsApp link for urgent legal advice. To book an appointment for a discussion you can also email Tanveer directly on tanveer@tqlegal.co.uk and he’ll get back to as soon as possible.

See notable AFO cases

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HOW WE WIN

  • 1TELL ME ABOUT YOUR SITUATON

    Send me details of your case, including dates of any future hearings and previous court orders. I will assess your papers and review your situation.

    STEP 1 -min
  • 2MEETING ME IN CONFERENCE

    I will discuss your case in conference (in-person or video) and I will outline who & what action plans need to be put in place.

    STEP 3-min
  • 3CASE WORK

    This is where I start to work my experience and knowledge. Relevant drafting, lodging skeleton arguments and attending court. I will also liaise with the other side and enter into negotiations where appropriate.

    STEP 2-min

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