Money Laundering!???

[Hondaman56]

Hi All

 

As some of you may be aware, I've just started the long process of sorting out my bank (HSBC) which is, in turn opening up a load of stuff I never even knew existed.

 

I have joined "checkmyfile" on the web (checkmyfile.co.uk) who seem to be fairly quick at returning data, yet so far, will only do a certain amount of disputing on your behalf (seemingly only blatant errors - and not any potentially grey ones).

 

However, going through this data, I have discoverdd that in May 2007 a company of solicitors - Tollers - carried out a credit search on me for money laundering.....I have emailed them this evening insisting that they correct this data immediately, as it would appear to be defamatory, since it looks like I've been accused of money laundering!

 

I cannot think of a circumstance in which someone would carry out a search stating "money laundering" as a reason - has anyone else come across this?

 

I applied for a mortgage in 2006, almost a year prior to this search, and briefly there was some CIFAS info showing against me, but this does not appear now - and at the time I queried it with my mortgage broker as it was a definite error.

 

If anyone has encountered this, what happened? As far as I can see, it is defamatory, there was no reason at all for the search, and it probably breaches the DPA, Malicious Communications Act(?), Justice Act(?) and possibly others - any ideas?

 

It would be interesting to find out what other "unfeasable" search reasons have been given......

 

Regards,

 

Hondaman

[Sparkie1723]

Hi Hondaman,

 

When I checked the Information Commissioners Office register for Tollers as seen below I got this result,....now if they are not registered as a data controller they have committed a criminal offence under the Data Protection Act. I would advise you to contact the Information Commissioners Office and ask if they are registered.....I have had this before that the on line register does not allways show the true facts and they are registerd.....but check anyway.....they just "MIGHT" not be.

 

Fingers crossed mate.

 

sparkie

 

There are no entries that match your search criteria.

 

Registration Number

Name Tollers Solicitors

Address 2 Castilian Street

Postcode NN1 1JX

Organisation

sub-division

[Hondaman56]

Hi Sparkie

 

Yup - it's a maybe - I've sent them an email asking me to contact them - sent it for the attention of their Data Controller (and have made it read receiptable).

 

Among other things, I've indicated that if immediate removal is not effected, I will be writing the IC with a view to bringing breach of the DPA into play. Also, possible action for defamation (or calumny, which is more general term for defamation, libel, or slander) if they don't co-operate.

 

I have a mind to request some form of compensation too - the only problem is that I cannot, obviously, prove that I have lost out in any way as a result of their entry (though one could argue implied detriment) - not much of a head turner for a judge in any case.

 

If no response in the next five workng days (Friday) I will fax, and recorded delivery, giving five days for a response. Thereafter, I will be straight onto the IC and a solicitor.

 

I know they have a couple of branches, but yes, as you pointed out, they should still have a Data Protection Registration - if they ar eperforming credit searches it is mandatory, because they are storing and accessing personal data........

 

Thanks for looking.....

[PaulW922]

Hi Hondaman

 

Two things to comment on; firstly what is an ML check in the first place and secondly, why are they doing it?

 

A 'money laundering' check does not mean that they think that is what you are up to! As part of what is known as the 'regulated sector' any solicitor's firm needs to have proper checks and procedures in place to ensure that they are not handling money that *could* be the proceeds of crime. This is why, when you buy a house you are often asked to prove who you are and where you got your deposit from. An ML check at a credit reference agency is usually a check by a potential lender or in this case a solicitor, to help confirm that you are who you say you are. It can also be used by banks when you are opening a savings account, or even by a on-line betting firm to help them counter attempts to use such services for crime. So a money laundering check, which is not usually visible to other lenders/enquiriers is commonly (though not always) any more than a form of identity check.

 

However, the issue for you is of course *why* this firm finds it necessary to make any kind of check. They still need either (a) your consent which is usually in the small print of any loan/account application, or (b) need to have another lawful reason. It is not acceptable to undertake, for example, an ML check just to provide information for debt collection purposes.

 

So what I would say is, don't be too concerned about the fact it says 'ML check' - other people who check your file probably won't see that anyway - be concerned about why they are doing any checks on you at all and for whom they are acting.

[Hondaman56]

Hi Paul

 

Thanks for your informed reply.

 

I realise that they're not stating specifically that I might have been money laundering, and I know that financial institutions claim to have to ensure that their facilities aren't being used for that purpose.

 

Just never seen it stated so baldly before, and the other thing that comes to my mind is why would they be searching my file for any purpose, especially something like "money laundering" a YEAR or so after I applied for the mortgage (which I didn't take in the end anyway)?

 

I am beginning to think that there should, perhaps, be a proper duty placed on those searching credit files to record some detail about why they are searching - and what it means!!!

 

Looking through the standard of some of the reporting I've found on my file leaves me very un-confident that my data (much less my finances) are in capable or cometent hands......