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HSBC account closure

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  • Section62
    Section62 Posts: 9,776 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    grumbler said:
    Section62 said:

    Has the information been made "public"?  How did that happen?

    Published at the agency to which countless other institutions have access to.
    Again, I am no expert and don't know the legal definition of 'public'
    In which case why claim the information has been made "public"?  Not the wisest of moves, particularly in a discussion where Monzo are being accused of defamation - falsely claiming Monzo have done something they haven't could be defamation itself.

    The OP isn't going to be helped by false accusations being thrown around. Let's not make the situation worse for them.

    grumbler said:
    Does the information itself, and the way it has been used, constitute defamation?
    If it's reported to a FRAUD prevention agency, then the only way I can interpret 'misuse' is 'fraudulent misuse' or 'misuse for committing fraud'

    The name of the agency, nor its principal purpose, doesn't define the nature of information passed to it by third parties.

    Monzo's T&C's and linked Privacy Notice states -
    Fraud prevention agencies. When you apply for an account, we check your record with fraud prevention agencies (FPAs) like Cifas. During the application process and after you become a customer, we may share information about you with them to help prevent fraud and money laundering when it’s in our ‘legitimate interest’. If we detect fraud, we may stop activity on your account or block access. Other organisations may use information we share with FPAs about fraud to refuse their services, finance or employment. For more information about the details we collect from and share with Cifas and how they’ll use your data, see Cifas’ Fair Processing Notice.
    [My bold]
    The sentence in bold only refers to 'information', it doesn't limit the information shared to details of fraudulent activity, nor does it imply that any 'information' shared is evidence of fraud.  It simply means that they can share information with (e.g.) CIFAS - when it is in Monzo's 'legitimate interest' - "to help prevent fraud and money laundering".

    Having entered into a legal agreement giving explicit consent for "information" to be shared with CIFAS for a defined purpose, the OP would face a very significant challenge in making a case for defamation when Monzo have simply done what the OP agreed they could do.  The accuracy of the information, and what other third parties have done with that information, are a different matter. (INAL)
  • wmb194
    wmb194 Posts: 4,913 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 30 March 2022 at 1:58PM
    Ezii said:
    The thing is I would never use my main bank account, and would always use monzo for everything, each month when I did get paid, I'd just transfer to monzo, and use it for everyday purchases and daily things. But right before my account was closed, I sold BTC for some bank transfers on P2P website, and monzo had left me a marker straight away for it, but still unsure if my selling BTC for bank transfers was the reason for the marker received from Monzo, as they haven't responded to my query, and complaint, on why they have given me the marker.

    "I sold BTC for some bank transfers on P2P website..." I suspect this is the problem: perhaps you received a direct transfer(s) from accounts known or suspected to be using stolen or criminally obtained money and the assumption might be that you're somehow involved in the crime or laundering.
  • General_Grant
    General_Grant Posts: 5,278 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ezii said:
    The thing is I would never use my main bank account, and would always use monzo for everything, each month when I did get paid, I'd just transfer to monzo, and use it for everyday purchases and daily things. But right before my account was closed, I sold BTC for some bank transfers on P2P website, and monzo had left me a marker straight away for it, but still unsure if my selling BTC for bank transfers was the reason for the marker received from Monzo, as they haven't responded to my query, and complaint, on why they have given me the marker.

    If you use monzo "for everything",  how is that not your "main bank account".  Simply having a monthly salary paid into an account and immediately moving it out (2 transactions a month) doesn't make an account "main" in my book if all your numerous payments and other income is via a different account.
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