Clear Bank not complying with third party debt order

Jmoo

born_again said:

TBH, never heard of clear bank till this thread cropped up.

I would guess that they are not the retailer actual bank looking at their website, just a app which retailer used as a means of taking payment.

https://www.wearepay.uk/what-we-do/payment-systems/access-to-payment-systems/code-of-conduct-for-indirect-access-providers/

A google for their sortcode 04-06-05

https://www.sortcodes.co.uk/sort-code-checker

Also drops "Tide" in the mix. As the address is the same.


Can the Op confirm how the payment was made & if it was a banking payment, what was the sort code used.

I can confirm it was that sort code.

It was a BACs transfer through Starling. 

HillStreetBlues

Jmoo said:

born_again said:

TBH, never heard of clear bank till this thread cropped up.

I would guess that they are not the retailer actual bank looking at their website, just a app which retailer used as a means of taking payment.

https://www.wearepay.uk/what-we-do/payment-systems/access-to-payment-systems/code-of-conduct-for-indirect-access-providers/

A google for their sortcode 04-06-05

https://www.sortcodes.co.uk/sort-code-checker

Also drops "Tide" in the mix. As the address is the same.


Can the Op confirm how the payment was made & if it was a banking payment, what was the sort code used.

I can confirm it was that sort code.

It was a BACs transfer through Starling. 

It might be Tide you may need to go though https://www.tide.co/   but seems to be unclear.

born_again

Not sure from posts if OP has actually spoken to Clear Bank, as I think that will be the bast idea. To get a idea of where they need to go in this case.

https://clear.bank/contact-us

Jmoo

So I've managed to speak to their legal department. 

Apparently Tidal are the ones with the account, so you were right. But Clear Bank say because the TPDO is Bill Smith t/a Bill Smith Trading and the account is Bill Smith Trading and registered to his partner they won't release the funds as they say they have no record of Bill Smith. 

Not sure where to go from there... 

born_again

Would seem like Bailiff's are the option left.
But given the bank account is in partners name. I bet everything of value is also in their name.

tightauldgit

Jmoo said:

So I've managed to speak to their legal department. 

Apparently Tidal are the ones with the account, so you were right. But Clear Bank say because the TPDO is Bill Smith t/a Bill Smith Trading and the account is Bill Smith Trading and registered to his partner they won't release the funds as they say they have no record of Bill Smith. 

Not sure where to go from there... 

So he's a sole trader but he's opened a business account in his wife's name? I didn't think you could do that as a sole trader to be honest. I'm not sure how you would go about unravelling that but it sounds highly improper. 

Okell

tightauldgit said:

Jmoo said:

So I've managed to speak to their legal department. 

Apparently Tidal are the ones with the account, so you were right. But Clear Bank say because the TPDO is Bill Smith t/a Bill Smith Trading and the account is Bill Smith Trading and registered to his partner they won't release the funds as they say they have no record of Bill Smith. 

Not sure where to go from there... 

So he's a sole trader but he's opened a business account in his wife's name? I didn't think you could do that as a sole trader to be honest. I'm not sure how you would go about unravelling that but it sounds highly improper. 

Or rather his wife has opened an account in his trading name...

eskbanker

There wasn't any mention of a 'wife' as such, the account is registered to his 'partner', which covers a range of possibilities, presumably including business partner....

DullGreyGuy

BACS shows it to be Tide but Tide is not legally a bank and so the N349 would need to be completed as a non-bank entity

tightauldgit

eskbanker said:

There wasn't any mention of a 'wife' as such, the account is registered to his 'partner', which covers a range of possibilities, presumably including business partner....

But you can't be a sole trader and a partnership simultaneously either. The whole point of being a sole trader is that the business and the person are the same legal entity. The nomenclature - Joe Bloggs trading as Joe Bloggs Trading - is that of a sole trader business. As such the business bank account should be registered in the name of the Joe Bloggs. 

I'm asking for clarity because it's possible the OP has sued the wrong legal entity, or it's possible that this bank account doesn't belong to the entity he has sued.