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Deposit and withdrawal methods: Santander puts account on hold - help please (Page 5)

Topic created on 16th Aug. 2024 | Page: 5 of 10 | Answers: 136 | Views: 5,872
dan3b3n
Visitor
His sentence is ok. The "would" is a subjunctive:

"But why did they tell me on the phone today, for example, that there was a suspicion of money laundering in the account, which there isn't in mine?"

in the sense of: IF...there WERE a suspicion...then...it WOULD be noted in the account

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frapi07
Elite
dan3b3n wrote on 21.08.2024 at 00:29: His sentence is ok. The "would" is a subjunctive:

"But why did they tell me today e.g. on the phone that there would be a suspicion of money laundering in the account which there is not with me?"

in the sense of: IF...there WERE a suspicion...then...it WOULD be noted in the account

correct, that's what I understood, but he said he had mistyped. According to him, his sentence should be like this: But why did they tell me on the phone today, for example, that there was no suspicion of money laundering in the account, which is not the case with me?

In the sense of: IF... there was no suspicion, then... it would be noted in the account.... makes no sense - because if there is no suspicion, no note is made.

it may well be that it's too late and I don't understand it. I wouldn't rule it out

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gamble1
Icon
Oh you guys are confusing me haha

Let's just say now he has no suspicion in it and the head office has now confirmed to him today there is nothing noted or is the correct status now?

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frapi07
Elite

gamble1 wrote on 21.08.2024 at 03:43: Oh guys you're confusing me haha

Let's just say now he has no suspicion in it and the head office has now confirmed to him today there is nothing noted or is the correct status now ?

yes, that should be the correct status.

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Chriiiis
Rookie
I spoke to a lawyer on the phone today, he also said I should send out a 3 day notice by email asking for information about why my account is blocked, I should call him again on Friday.

The email to Santander went out yesterday.

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JJepsa96
Rookie
One more general question:

Winnings to the bank account of casinos/bookmakers with a DE license, is there anything to consider? Limits? Taxes? Etc..

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Chriiiis
Rookie
I don't know, but it doesn't quite fit the topic, because there is no connection between bank account and casino.^^

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JJepsa96
Rookie

Chriiiis wrote on 21.08.2024 at 17:57: No idea, but vpasst villt not quite to the topic, because here there is no connection between bank account and casino.^^

Yes, you're right, will ask again somewhere else.

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frapi07
Elite

Chriiiis wrote on 21.08.2024 at 17:09: I spoke to a lawyer on the phone today, he also said I should send out a 3 day notice by email asking for information about my account being blocked, I should call him again on Friday.

The email to Santander went out yesterday.

good that you contacted a lawyer. Let's hope for the best for you

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Chriiiis
Rookie
I went to the "advocado" portal where you can get an initial consultation free of charge. Thought I'd just give it a try.

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Butterbrezel
Elite
Chriiiis wrote on 21.08.2024 at 17:09: I spoke to a lawyer on the phone today, he also said I should send out a 3 day notice by email asking for information about my account being blocked, I should call him again on Friday.

The email to Santander went out yesterday.



Setting a deadline of 3 days, and then also by email, has no legal relevance. I'm sure your lawyer knows this too, so I hope you haven't paid anything for this "tip". Since you've already spoken to the bank on the phone and even been to the branch, there's no point in sending an email with the irrelevant deadline. If they don't want to answer you, they won't even after an email with an attack surface (that's how they realize that you haven't been properly advised legally).

Even a BaFin complaint is not effective after this time. In principle, the bank may take as much time as necessary to investigate the suspicion of money laundering (if this is the case, but that is what we are assuming here). There are no legal deadlines for this, it is done when it is done.

However, the bank is obliged to answer you sooner or later as to why your account is blocked. Then you can respond to the allegations and, if necessary, object. Unfortunately, as far as I know, there are no set deadlines for this either, so there is no evidence at this point that you can use to put pressure on the bank. Not after a week.

If the bank refuses to respond, it is advisable for the lawyer to contact the bank directly. Here too, however, I would recommend waiting for a realistic deadline, which should not be less than 2 weeks. So if the bank hasn't replied to your email within a week, the lawyer should contact them.

Edit: I just read that the initial consultation with this lawyer was free of charge. That's right. Change him

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Chriiiis
Rookie
Why should I change it?

The Bafin on the phone as well as the lawyer told me the same thing 1:1, why should it be wrong to set a deadline for a bank and to find out the reason for the block?

No offense, but somehow I believe a lawyer and an authority that regularly deals with such things more than a stranger in the forum... At least so far. I think you understand that.


Incidentally, a second lawyer also told me this!

See quote:


thank you for your message. Unfortunately, we are currently unable to accept new mandates for capacity reasons. I am sorry not to be able to give you any other information. However, it is important to us to provide you with the best possible tips and advice on how to proceed, which you can do without us and therefore without incurring any costs. If the information is helpful to you, I would be very pleased to receive a positive review . Please do not mention in the evaluation that the advice was provided free of charge; legal advice is generally subject to a fee.

We are therefore happy to provide you with the following information and tips:

In the event of an account blocking, related severe delays and/or lack of information from your bank, you should contact the management board of your bank. Write a letter addressed to the board of directors, describing your circumstances in brief and requesting a review. You can find the address of the bank's board of directors on your bank's website under "Imprint". We generally recommend maintaining a polite tone, even if a blocked account can understandably be very stressful. Experience has shown that it can take some time to hear back from them.

If you do not receive a positive response from the bank manager, or if you do not receive a response at all, you can take the following steps yourself without having to instruct a lawyer:

1. Complain to the ombudsman of the banking association

You can apply for proceedings via this ombudsman's office. Describe the circumstances of your problems with the bank and ask for a review and mediation. Information and the specific procedure for such a procedure can be found here:

https://bankenombudsmann.de/

Ombudsman proceedings serve the purpose of consumer protection by settling disputes between disputing parties without the need for cost-intensive court proceedings. An ombudsman is an arbitrator with extensive practical experience in the relevant area of law - in this case banking law.

2. Complaint to the Federal Financial Supervisory Authority (BaFin)

As the financial supervisory authority, BaFin is responsible for monitoring and regulating the banking sector. It also checks compliance with statutory regulations by all banks with a German full banking license, including your bank. Any unresolved account blockages can be easily reported to BaFin. Experience has shown that BaFin will then want to consult with your bank, which can and will put additional pressure on your bank. Information and the specific procedure for contacting BaFin can be found here:

https://www.bafin.de/DE/Verbraucher/BeschwerdenStreitschlichtung/BeiBaFinbeschweren/BeiBaFinbeschweren_node.html


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Butterbrezel
Elite

Chriiiis wrote on 21.08.2024 at 18:46: Why should I change it?

The Bafin on the phone as well as the lawyer told me 1:1 the same thing, why should it be wrong to set a deadline for a bank and to find out the reason for the block?

No offense, but somehow I believe a lawyer and an authority that regularly deals with such things more than a stranger in the forum... At least so far. I think you understand that.


Incidentally, a second lawyer also told me this!

See quote:




Because the deadline simply does nothing. It is not legally relevant. You can set it, but if the bank lets the deadline pass, nothing will happen.


What is the next step for you if the bank does not respond after the 3-day deadline?
And what is the aim of this next step?

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Chriiiis
Rookie
After the deadline, the lawyer could exert some pressure, which can probably help in many cases. However, it is important to find out the reason first. What would you do if your account was blocked, sit at home and twiddle your thumbs? You HAVE to do something...^^

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frapi07
Elite

Chriiiis wrote on 21.08.2024 at 19:08: After the deadline, the lawyer could exert some pressure, which can probably help in many cases. However, it is important to find out the reason first. What would you do if your account was blocked, sit at home and twiddle your thumbs? you HAVE to do something...^^

Get a lawyer to take care of a restraining order. Butterbrezel is right, it's just a waste of time and probably won't help.

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