Account Freezing Orders (AFO)

What is an Account Freezing Order (AFO)?

An Account Freezing Order is a legal instrument that prevents the account holder of a bank account from accessing their funds or making any payments. This order grants authorities significant powers in their efforts to combat various potential criminal offences.

Account Freezing Orders, alongside other legal mechanisms, serve as crucial tools for authorities in their fight against financial crime. A primary objective in utilising these orders is often the recovery of funds identified as the proceeds of criminal activity.

To freeze your bank account, authorities only need to establish a reasonable suspicion of criminal activity. The Proceeds of Crime Act (2002) further empowers them to confiscate assets believed to have been acquired through criminal conduct and fraudulent activities.

It is not uncommon for innocent individuals to find their accounts unexpectedly frozen. In such situations, it is crucial to apply for the release of your funds without delay. Further to this, third parties who have funds held within a frozen account may also need to submit an application to have their own assets unfrozen.

An initial Account Freezing Notice has the potential to escalate into an “Account Forfeiture Notice” (AFN). Upon receiving an AFN, you have a critical 30-day window to formally present your objections. Following this period, the court will assess whether the funds held in the account are derived from unlawful conduct or are intended for use in criminal activities. Based on their assessment, the court may ultimately decide that these funds should be forfeited.

It is also important to be aware that criminal proceedings could be initiated concurrently with these forfeiture proceedings. Therefore, it is absolutely essential to seek immediate legal advice to understand the specific implications of your situation and to protect your rights

Unfreezing your Bank Account– next steps

Account Freezing Orders (AFOs) can severely disrupt both your personal and business affairs. The inability to access your bank account, whether in person or online, will lead to the cancellation of direct debits and standing orders, as well as the blocking of ATM and card access.

TQ Legal can assist you in preparing and submitting an application to unfreeze your bank accounts and gain access to funds for essential needs or specific transactions. You may also receive an invitation to attend an interview where authorities will question you about your account activity. It is crucial that you consult with us before agreeing to attend any such interview or answering any questions, as your responses could have significant legal ramifications.

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

How long does it take to unfreeze a bank account?

The duration for which a bank account can be frozen varies significantly; some may be blocked for just a few days, while others can remain inaccessible for months or even years. Therefore, it is critically important to seek legal advice without delay so that we can begin the process of contesting the Account Freezing Order on your behalf.

Due to stringent regulations concerning money laundering and suspicious activity reports, your bank will often be restricted from disclosing any information to you regarding the reasons for the account freeze. This lack of communication underscores the necessity of obtaining independent legal counsel to understand your rights and options.

All financial institutions operating in the UK, ranging from major high street banks like Barclays, HSBC, and Santander to online platforms such as Monzo and Revolut, are legally obligated to comply with Account Freezing Orders. This means, they possess the authority to freeze your bank account without prior permission or notification. Initially, the bank will typically only provide limited explanations, such as “frozen due to suspicious activity” or “account restricted/blocked while under review,” until they can obtain the comprehensive details of the order directly from the court.

Engaging in the legal process to unblock your bank account is essential to uncover the specific reasons behind the account freeze. This process compels the applicant—whether it be the court, the police, or another government body that initiated the freezing order—to prepare and serve a formal legal notice outlining the specifics of the upcoming hearing, thereby providing crucial information about the allegations and the basis for the order.

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?

TQ Legal understands 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

Direct Access 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 Freezing Order 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 020 7036 0200. 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.

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 quote for legal representation, please contact us on 020 7036 0200. 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.