Scammed on Gumtree any help or info would be appreciated!

Oli.s

The requirement for a court order is depedant upon the banks own policy. What actually frequently happens is that the bank will release information to the police upon reciept of a police headed data protection release form confirming the request is to prevent or detect crime etc, but will only provide the information in an evidential format upon reciept of a production order from a judge.

The bank usually respond slowly to the initial police request probably due to getting loads every day but once it gets to production order stage a timscale forms part of the order.

It's worth perusing op but don't be surprised if the account you transferred the money to isn't linked to the fraudster.

They would hardly be a master fraudster if they were using their own bank account!

George_Michael

keyser666 wrote: »

How can you have a first time small offender?

Surely if someone commits a crime and it is the first time they have broken the law then they are a first time offender, and if the crime that they are guilty of is a relatively minor one, then they are by definition, a first time small offender (as the crime was a small offence).

mo786uk

Knobbish banks try and hide behidn court orders and are the oens that frustrate simple investigations into weeks

Many banks will release the data very quickly because the Data Protection Act gives a gateway to release data for the prevention/detection of crime. Bank data might be seen as somehow more confidential than other data but it is not - infact your mobile phone account is more secure because the Polcie would have to comply with RIPA to access subscriber details etc.

keyser666

George_Michael wrote: »

Surely if someone commits a crime and it is the first time they have broken the law then they are a first time offender, and if the crime that they are guilty of is a relatively minor one, then they are by definition, a first time small offender (as the crime was a small offence).

No such thing as a first time small offender, nor any definition of it, you are either a first time offender or you are not.

soolin

So, lets say I have an argument with a violent ex who does not have my current address. He sends me £100 via a bank transfer, tells the police some nonsensical story about me having scammed him, perhaps even have some dodgy looking texts on a PAYG phone and police demand they are given address for my ex.

Hmm, good use of data protection.

the police are not judge and jury they cannot decide whether someone is fraudulent enough to have their data protection rights over ruled. They 'will' protect themselves by insisting that the courts are involved.

This is a very common scam and it works purely because banks will not hand out bank details without a court requirement.

mo786uk

soolin wrote: »

So, lets say I have an argument with a violent ex who does not have my current address. He sends me £100 via a bank transfer, tells the police some nonsensical story about me having scammed him, perhaps even have some dodgy looking texts on a PAYG phone and police demand they are given address for my ex.

Hmm, good use of data protection.

the police are not judge and jury they cannot decide whether someone is fraudulent enough to have their data protection rights over ruled. They 'will' protect themselves by insisting that the courts are involved.

This is a very common scam and it works purely because banks will not hand out bank details without a court requirement.

What utter !!!!!! - in that scenario the Police would not share the information they obtain with the victim.

If law enforcement agencies had to obtain court orders everytime they wanted to 'over rule' someones data protection rights the entire justice system would grind to a halt because of all of the paperwork.

keyser666

mo786uk wrote: »

What utter !!!!!! - in that scenario the Police would not share the information they obtain with the victim.

If law enforcement agencies had to obtain court orders everytime they wanted to 'over rule' someones data protection rights the entire justice system would grind to a halt because of all of the paperwork.

nor would they share the information with the victim in the OP's instance. Soolin was basically saying they would not willy nilly get the details and would have to provide just cause for an order to be granted

mo786uk

The Police probably have statutory powers to demand (not request) information to assist with investigations into criminal offences.

They will probably need reasonable suspicion of an offences but I think its a long way away from having to get a court order for most instances.

As someone has suggested you normally just fill in a DPA form. Most legitimate organisatiosn want to help with ivnestigations not cause them to drag on for months.

soolin

mo786uk wrote: »

What utter !!!!!! - in that scenario the Police would not share the information they obtain with the victim.

If law enforcement agencies had to obtain court orders everytime they wanted to 'over rule' someones data protection rights the entire justice system would grind to a halt because of all of the paperwork.

So you are saying then that the police act as the judge and make their own decision about the validity of a case?

earthstorm

Under the Data Protection Act, if a serving police officer with his warrant card request details from a bank in the line of his duty then the bank must release these details too him

http://www.ico.org.uk/for_organisations/data_protection/the_guide/exemptions