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Financial & Business Crime | England & Wales

Account forfeiture after an account freezing order

The next decision after an account freezing order: distinguishing a forfeiture notice from a court application and proving the source of funds.

KEY ANSWER

The position in brief

An account freezing order preserves money; forfeiture is the separate process by which all or part may be taken. Read the document you have received carefully. A POCA account forfeiture notice has a written objection procedure, whereas a court application requires a response to the court proceedings. Neither should be treated as routine bank correspondence.

Legal issues

Under section 303Z9, a forfeiture notice must give an objection period of at least 30 days starting the day after it is given. An objection is made when received at the specified address, so sending it on the final day may be unsafe. A timely objection prevents forfeiture by the unopposed-notice route, but does not prevent a court application. Section 303Z14 allows the court to consider whether the money is recoverable property or intended for unlawful conduct.

This guide concerns England and Wales.

For the wider service, see Account Freezing Order Solicitors. Related decisions are covered in Third-party property interests in POCA and Benefit and available amount in confiscation.

Evidence that matters

Prepare a source-of-funds trail for each disputed credit: payer, date, contractual reason, original source and onward movement. Match invoices to actual trading records, not just documents generated after the freeze. Salary, inheritance, property proceeds and loans call for different supporting evidence. Explain currency conversions and transfers through several accounts.

Reasonable lines of enquiry

Ask whether the authority challenges every sum or only identified transactions. Reconcile the account balance with the amount sought. For mixed funds or another person’s money, identify the legal and evidential basis of the claim rather than asserting that a joint account gives equal entitlement to everything in it.

What happens next

An objection and the final evidential response serve different purposes. Secure the objection deadline, then address the authority’s case and the directions for any hearing. Court proceedings may result in full forfeiture, partial forfeiture or refusal. A pending application can affect how long the freeze continues. The absence of a criminal conviction does not, by itself, defeat this civil recovery process.

Immediate steps

Record service and receipt dates, preserve the envelope or email, and obtain confirmation that any objection reached the stated destination. Do not move funds contrary to the order or ask someone else to disguise their ownership. Check separate deadlines for any challenge to an order already made.

What should you send us?

Send the freezing order, forfeiture notice or application, evidence served by the authority, complete relevant statements and the documents explaining the disputed money.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the applicable route, formulate an objection or court response and assemble the provenance evidence. We can also distinguish a request for access to funds during the freeze from the substantive defence to forfeiture.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Does objecting guarantee release of the money?

No. The authority may pursue forfeiture in court. The freezing position and any application must be considered separately.

Can someone other than the account holder object?

Section 303Z9 permits an objection by anyone. A person claiming ownership should still explain their interest and obtain advice about the appropriate response.

Is a legitimate invoice enough?

An invoice can help, but the underlying transaction and payment trail matter. Supply delivery records, correspondence and evidence of the payer and source where available.

NEXT STEP

Respond to account forfeiture

Tell us the next deadline and the documents you have received. Call 0843 636 7687 or email [email protected] to discuss the appropriate next step.

Respond to account forfeiture