It is no longer news that once an allegation of fraud or breach of contract for the sale of goods is reported at the Police Station or to the bank, the first point of action is putting a PND restriction on the account.

Sometimes, the police usually do nothing after the PND restriction. They also fail to notify the bank of the investigation's status, therefore leaving the PND to remain forever.

Most banks are reluctant to remove the PND restriction without the authority of the police. Getting the police or other law enforcement agencies to lift the restriction is sometimes problematic.

The lack of public trust in law enforcement agencies has further compounded an already precarious situation. The account holder has no choice but to continuously suffer the lack of access to his bank account, while the banks are at liberty to transact with such funds unhindered.

Most persons are presently facing this challenge and don't know how to handle it.

Some persons have repeatedly visited the bank to inquire why there is a post no debit order on their account.

The bank has been unable to give any good reason other than the fact that the account is under investigation.

So the question, therefore, is how do you remove or vacate a PND order on your bank account?

Let's look at steps you can take once there is a PND on your account.

1. Immediately contact your bank.

It is always advisable to contact the customer relationship officer/ manager or your account manager immediately you discover there is a PND restriction on your account.

2. Request an official report from your bank.

Banker/ customer relationship is a contractual relationship that is recognized by law. The bank has a fiduciary duty to manage your account with almost diligence.

It is your legal right to request a report on your account, once you observe an abnormally. The bank is duty-bound to provide you a statement on why there is a PND restriction on your account.

3. Officially write to the bank, disputing the rationale behind the PND, while requesting that same be vacated with immediate effect.

4. When the bank refuses to vacate the order, formally apply to the court for an Order vacating the PND restriction.

Applying to lift or vacate the PND restriction could be trickish at times. Tricky because 9 lawyers might approach the court for the same order, and while one gets the order within two weeks, others could drag on forever.

So before you contact a legal practitioner to assist in this regard, ensure he is well-grounded in banking and finance law, knows what to pray for, and how to make the prayer.

Continue...

Ha! This is good news ooooo. Can you help me?


Mods
mndy44
Lalasticlala

Mrknowitall
Dominque

If you have a question on this topic, do well to ask, don't let people to cheat you on your rights.

onyemechi33:
Ha! This is good news ooooo. Can you help me?


Mods
mndy44
Lalasticlala

Mrknowitall
Dominque

Tell us your story here, or Send a P.M

Yeah!
Been away!

Some weeks ago, I posted by story about my experience with a bank.

I followed all your instructions and I got my money back.

We are not well informed in matters like this that is why we lose money and face a lot of injustice.

If you know you rights, no one can take you for ride!

It always pays to have a sound lawyer you can reach when shit happens.

Look at number 2.

The bank manager said I should go to hell that he won't give me the official report when I requested it.

Thank God for the support I had from litigator.

Some managers of the bank saw the thread on Nairaland and contacted me.

We didn't go to court. It was resolved.

It's important we learn these things so that we want make mistakes.

I remembered refusing to sign some documents at the bank because litigator said No.

Before I sign another things.

It's all good Litigator.

Do what you do best....

Teach us more stuff so we can keep winning

BlongTrendies:
Yeah!
Been away!

Some weeks ago, I posted by story about my experience with a bank.

I followed all your instructions and I got my money back.

We are not well informed in matters like this that is why we lose money and face a lot of injustice.

If you know you rights, no one can take you for ride!

It always pays to have a sound lawyer you can reach when shit happens.

Look at number 2.

The bank manager said I should go to hell that he won't give me the official report when I requested it.

Thank God for the support I had from litigator.

Some managers of the bank saw the thread on Nairaland and contacted me.

We didn't go to court. It was resolved.

It's important we learn these things so that we want make mistakes.

I remembered refusing to sign some documents at the bank because litigator said No.

Before I sign another things.

It's all good Litigator.

Do what you do best....

Teach us more stuff so we can keep winning

Thank you for the kind words. Oshe

litigator:
It is no longer news that once an allegation of fraud or breach of contract for the sale of goods is reported at the Police Station or to the bank, the first point of action is putting a PND restriction on the account.

Sometimes, the police usually do nothing after the PND restriction. They also fail to notify the bank of the investigation's status, therefore leaving the PND to remain forever.

Most banks are reluctant to remove the PND restriction without the authority of the police. Getting the police or other law enforcement agencies to lift the restriction is sometimes problematic.

The lack of public trust in law enforcement agencies has further compounded an already precarious situation. The account holder has no choice but to continuously suffer the lack of access to his bank account, while the banks are at liberty to transact with such funds unhindered.

Most persons are presently facing this challenge and don't know how to handle it.

Some persons have repeatedly visited the bank to inquire why there is a post no debit order on their account.

The bank has been unable to give any good reason other than the fact that the account is under investigation.

So the question, therefore, is how do you remove or vacate a PND order on your bank account?

Let's look at steps you can take once there is a PND on your account.

1. Immediately contact your bank.

It is always advisable to contact the customer relationship officer/ manager or your account manager immediately you discover there is a PND restriction on your account.

2. Request an official report from your bank.

Banker/ customer relationship is a contractual relationship that is recognized by law. The bank has a fiduciary duty to manage your account with almost diligence.

It is your legal right to request a report on your account, once you observe an abnormally. The bank is duty-bound to provide you a statement on why there is a PND restriction on your account.

3. Officially write to the bank, disputing the rationale behind the PND, while requesting that same be vacated with immediate effect.

4. When the bank refuses to vacate the order, formally apply to the court for an Order vacating the PND restriction.

Applying to lift or vacate the PND restriction could be trickish at times. Tricky because 9 lawyers might approach the court for the same order, and while one gets the order within two weeks, others could drag on forever.

So before you contact a legal practitioner to assist in this regard, ensure he is well-grounded in banking and finance law, knows what to pray for, and how to make the prayer.

Please I need to talk to you I just sent to emails

litigator:
It is no longer news that once an allegation of fraud or breach of contract for the sale of goods is reported at the Police Station or to the bank, the first point of action is putting a PND restriction on the account.

Sometimes, the police usually do nothing after the PND restriction. They also fail to notify the bank of the investigation's status, therefore leaving the PND to remain forever.

Most banks are reluctant to remove the PND restriction without the authority of the police. Getting the police or other law enforcement agencies to lift the restriction is sometimes problematic.

The lack of public trust in law enforcement agencies has further compounded an already precarious situation. The account holder has no choice but to continuously suffer the lack of access to his bank account, while the banks are at liberty to transact with such funds unhindered.

Most persons are presently facing this challenge and don't know how to handle it.

Some persons have repeatedly visited the bank to inquire why there is a post no debit order on their account.

The bank has been unable to give any good reason other than the fact that the account is under investigation.

So the question, therefore, is how do you remove or vacate a PND order on your bank account?

Let's look at steps you can take once there is a PND on your account.

1. Immediately contact your bank.

It is always advisable to contact the customer relationship officer/ manager or your account manager immediately you discover there is a PND restriction on your account.

2. Request an official report from your bank.

Banker/ customer relationship is a contractual relationship that is recognized by law. The bank has a fiduciary duty to manage your account with almost diligence.

It is your legal right to request a report on your account, once you observe an abnormally. The bank is duty-bound to provide you a statement on why there is a PND restriction on your account.

3. Officially write to the bank, disputing the rationale behind the PND, while requesting that same be vacated with immediate effect.

4. When the bank refuses to vacate the order, formally apply to the court for an Order vacating the PND restriction.

Applying to lift or vacate the PND restriction could be trickish at times. Tricky because 9 lawyers might approach the court for the same order, and while one gets the order within two weeks, others could drag on forever.

So before you contact a legal practitioner to assist in this regard, ensure he is well-grounded in banking and finance law, knows what to pray for, and how to make the prayer.

Will point number 4 be in favour of the account holder if he had used the account to commit fraud?

uboma:



Will point number 4 be in favour of the account holder if he had used the account to commit fraud?

Hi Uboma, how are you doing?

What a fantastic question! This got me thinking for a moment. I bet you are expecting a yes or no answer to your question.

Before I proceed to answer your question, I will like to suggest an issue for determination that will help proffer clarity to this question. To wit; 1.

Does an allegation of fraud, without more, amount to fraud?

2. Can a PND restriction enure in perpetuity, simply because there is an allegation of fraud?

I shall revert shortly to render justice to the above-mentioned issues for determination.

Let me quickly go and baff. I am an early moi moi meeting to attend.

Can you believe the question of law is on " criminal conversion of chattel belonging to a company?"

Can a man criminally convert a chattel belonging to him? At what point will a criminal conversion be said to have occurred in this regard?

What is the role of the principle of privity of contract in this regard?

I bet you will want to know more about this.

My coffee is getting cold. See you what I get back.

I'm interested in this topic. My experience, my accounts were PND for 9 months running and no justice. Eventually, EFCC who initiated the PND orders has finally exonerated me and written to the banks to vacate the order. 3 of the banks have done so almost immediately. But Access bank still held my account for 7 days now. Saying, their compliance unit have not responded. How long will a bank who was so swift to PND my account, who was not a party to the allegation upon which my accounts were PND, but now that the order to vacate the PND has come from my accusers still be holding my account? What legal action can I take against the bank #AccessBank

Good

Odjuo:
I'm interested in this topic. My experience, my accounts were PND for 9 months running and no justice. Eventually, EFCC who initiated the PND orders has finally exonerated me and written to the banks to vacate the order. 3 of the banks have done so almost immediately. But Access bank still held my account for 7 days now. Saying, their compliance unit have not responded. How long will a bank who was so swift to PND my account, who was not a party to the allegation upon which my accounts were PND, but now that the order to vacate the PND has come from my accusers still be holding my account? What legal action can I take against the bank #AccessBank

SUE THEM.

Court awards N25m damages against bank for unlawfully freezing lawyer’s account
By Joseph Onyekwere
3-4 minutes

An Ikeja High Court has ordered Diamond Bank Plc to pay a Lagos-based legal practitioner, Adetokunbo Odutola, N25 million as damages for unlawfully freezing his bank account. Justice Sybil Nwaka held that the bank failed in its duty of care to Odutola and was so liable for the injury that arose therefrom.

The court further held as unacceptable, the bank’s contention that it froze the lawyer’s account on the instruction of Economic and Financial Crimes Commission (EFCC), noting that only a court could make such an order. Justice Nwaka delivered the judgment in a suit marked LD/ADR/800/17 between Odutola as sole claimant and Diamond Bank as the sole defendant.

The suit originally involved three banks as defendants but the first and third defendants settled with the lawyer out of court, leaving Diamond as the remaining defendant. In his statement of claim, Odutola, who represented himself, sought N25m against the bank as both special and general damages he incurred due to the bank’s “negligence and breach of duty of care.”He averred that he “suffered embarrassment, hardship, disgrace and loss of income” following the unlawful freezing of his account. In particular, the lawyer claimed that a cheque he issued was rejected by the bank, his practice was financially affected and he had to resort to borrowing “N500,000 to repay N750,000” from a money lender.

The lawyer further stated that during the blockage, he was “engaged in a brief which would have earned him N10million”, but which he lost. But the bank, through its counsel, Olatunji Muritala, countered that the cheque was dishonoured on November 29, 2016, when it got a letter from the EFCC asking it to place a lien on the customer’s account.

It also challenged the claim for N25million on the ground that Odutola “failed to prove any economic loss suffered when his account was placed on Post No Debit (PND).” The defendant urged the court to dismiss the suit in its entirety and refuse all reliefs sought with substantial cost against the claimant.

In her judgment of December 16, 2019, the judge upheld the lawyer’s claims. Justice Nwaka held: “The bank went ahead to place PND on the account of the claimant on the instruction of EFCC. The bank ought to have demanded from the EFCC an order of court to that effect.

“It is not in the power of EFCC to authorize a PND on any customer’s account. The EFCC must not usurp the powers of a court of law. The duty of care owed the claimant by the second defendant (Diamond Bank) is nothing but breached.”The judge said the bank’s inaction of not demanding for an order of court or an official letter authorizing it to place PND on the claimant’s account amounts to negligence.

“And this negligence is traced to the embarrassment and loss suffered by the Claimant.“This is a society whose affairs are supposed to be governed and conducted in accordance with the law. The EFCC and the bank taking law into their hands is nothing but shameful. “I am satisfied that the claimant has proved his case on the preponderance of evidence and I so hold. Judgment is hereby entered for the claimant against the second defendant as per his claims”, the judge held.

BlongTrendies:
Yeah!
Been away!

Some weeks ago, I posted by story about my experience with a bank.

I followed all your instructions and I got my money back.

We are not well informed in matters like this that is why we lose money and face a lot of injustice.

If you know you rights, no one can take you for ride!

It always pays to have a sound lawyer you can reach when shit happens.

Look at number 2.

The bank manager said I should go to hell that he won't give me the official report when I requested it.

Thank God for the support I had from litigator.

Some managers of the bank saw the thread on Nairaland and contacted me.

We didn't go to court. It was resolved.

It's important we learn these things so that we want make mistakes.

I remembered refusing to sign some documents at the bank because litigator said No.

Before I sign another things.

It's all good Litigator.

Do what you do best....

Teach us more stuff so we can keep winning

Were you told the reason for placing PND on your account?

This is my current predicament and the bank has refused to give any reasonable reason as to why there’s still a PND restriction on my bank account (access bank) it’s been going on for weeks and they keep telling to be patient. My business is crumbling because of this. I have provided everything single information requested from me through my account officer to the bank. No I’m left with no choice but the get a court order for it to be lifted. I need help getting a lawyer that can actually get the job done. Thanks