Can my creditor access my bank account history?

Hi philly_001 and welcome to MSE,


One bank would not be able to see another banks account information, unless they were under the same banking group. However, the Official Receiver (OR) can request information from any bank account and if you have sent money internationally this would likely be questioned further. It will really depend how much you sent, where the funds came from originally, why the money was sent etc.


If there is a risk of this being considered a preference payment to family, the money may be requested back from whom ever it was sent to and you may be subject to a bankruptcy restriction undertaking/ order.


Laura
@natdebtline

Hello again,


Unfortunately, the Data Protection Act doesn't give a clear outline for how long they will keep the data - https://ico.org.uk/for-organisations/guide-to-data-protection/principle-5-retention/ . It could be anything up to 6 years or potentially longer if the bank were to archive the information.


With regard to sending the money to your father as a gift, I am afraid, it would again be difficult to say for certain how the OR would handle it. The OR has a duty to get as much money back for the creditors as possible, so I think a key thing would be how much you sent. If you have sent a nominal amount as a gift then it is unlikely to be an issue. However, if we are talking about a more substantial sum, then you may wish to discuss the details of this, one on one, with an independent advice agency to get more information. It will be more difficult for the OR to chase the money if the individual is abroad, but that doesn't mean they can't do it, if it is worth their while.


If the individual was in the UK then they could be sued for the return of money, and it would normally be a civil matter (not criminal). It could be a similar process, depending on where abouts your father lives, but I am afraid your dad would need some local advice. Hope that helps,


Laura
@natdebtline