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Post dated cheque?

Last post Mon, Dec 10 2007, 9:57 PM by truCido. 11 replies.
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  •  Mon, Dec 10 2007, 9:57 PM

    Re: Post dated cheque?

    ok my bad. I was under the impression that it was due to post dated cheque
    • Post Points: 5
  •  Mon, Dec 10 2007, 9:51 PM

    Re: Post dated cheque?

    The case you mention concerns a CHAPS transfer that HSBC did not process due to "suspicious circumstances". The bank was told to pay the amount of the transfer plus interest. It is an interesting case but is it relevant to post dated cheques?

    • Post Points: 20
  •  Mon, Dec 10 2007, 9:32 PM

    Re: Post dated cheque?

    sorry I but I disagree...When working for shares company about 5 years ago, they cashed a post-dated cheque, they were sued by the customer and got a nice little sum of money! Now I do accept I don't know the exact terms and conditions of that company but they definately cashed a post dated cheque and got sued.

    Also something else I found on the net whilst having a look around:

     =========================================

    IN THE HIGH COURT OF JUSTICE
    QUEENS BENCH DIVISION
    COMMERCIAL COURT

    Royal Courts of JusticeStrand, London, WC2A 2LLDate: 5/7/2004Before :THE HONOURABLE MR JUSTICE COLMAN- - - - - - - - - - - - - - - - - - - - -Between :
    Hosni TayebClaimant
    - and -

    (1) Hsbc Bank Plc(2) Al Foursan International CompanyDefendant
    98. Those observations, when read in context, were directed to circumstances where a bank has already discharged its customers debt to a third party, but without the authority of its customer, and faces a claim from the customer for re-payment of the sum paid without authorisation. That is a fundamentally different case from one where, as here, the bank has without authority made a repayment to its customers
    debtor, thus leaving the customer with a claim against the bank and a
    claim against the debtor. In such a case it is open to the customer to
    elect whether to sue the bank or the debtor. If he chooses to sue the
    bank, the existence of an alternative claim against the debtor which
    has not been pursued does not give rise to any question of unjust
    enrichment.

    Accordingly, the Claimant is entitled to judgment in debt in the sum of 944,114.23 with interest from 21st September 2000.

     

    • Post Points: 20
  •  Mon, Dec 10 2007, 8:53 PM

    Re: Post dated cheque?

    Sorry, but my opinion is that technically you are at fault. If you sign something and date it sometime in the future, you are completing the document incorrectly. It is obviously not as serious as signing someone elses's name, but the cheque should bear the date it was written on just like it should bear the true signature of the person signing it on that day.

    Post dated cheques are a fact of life but they rely on good will rather than any legal obligation. A bank is quite entitled to process a post dated cheque if they wish.

    Your only chance of getting anywhere with the legal side of this is if you can establish that the carpet company agreed not to bank the cheque until a certain day. This is not the same as agreeing to accept a post dated cheque. Post dated cheques can be banked and processed at any time within 6 months of the date.

    If you write out a cheque today, that cheque can be banked tomorrow.

    • Post Points: 5
  •  Mon, Dec 10 2007, 8:49 PM

    Re: Post dated cheque?

    Hi,

    Just to set your mind at rest a cheque is not a contract in law. A contract requires an offer, an acceptance and a remittance since the bank does not pay you for writing a cheque their is no contract.

     

    Cerbius 

    • Post Points: 5
  •  Mon, Dec 10 2007, 8:43 PM

    Re: Post dated cheque?

    Hi, sorry to be the one with bad news, but I'm afraid it might be. I have worked in a bank previously, and can remember that the T&C's for most accounts do not allow for the practice of post dating cheques. If you check you will probably find the same is true of your account.

    The previous poster is incorrect about cheques being a contract in law, thay are not at all. Thay are a method provided to you of paying money from your account, usually offered to domestic customers free of charge. By signing the cheque & handing it over to the payee you are giving permission for the bank to hand over said money. Cheques are not a 'right' that customers have. Everything will be laid down in the very long T&C's - I'm no lover of the way that banks operate, but on this one I beleive they are right. It would cost a fortune for banks to pay real people to check the dates on cheques. Its all automatic, which is why it is usually a free service to its customers.

    I'd be more concerned that you are still using so may cheques, they are often the way that fraudsters gain access to accounts, and should be avoided where possible I believe.

    Sarah

    P.S Landshark - You are usually correct on these sorts of things, so I'd be interested how you came to your response; I really can't see how a cheque is a contract in law? I'd be interested to know if I am wrong on this. Thanks.

    • Post Points: 20
  •  Mon, Dec 10 2007, 7:43 PM

    Re: Post dated cheque?

    The date on the cheque is the date under the technical term of law the
    date your authority given to the Bank to pay a said amount of money
    comes into force , ie your authoristaion is only valid on and after
    that date.


    As per any agreement/contract and .......that is what a cheque is.

    The same as any agreement/contract/licence .
    • Post Points: 35
  •  Mon, Dec 10 2007, 4:11 PM

    Re: Post dated cheque?

    I am not sure that this is a banking error. Whilst it is certainly not what you wanted to happen the bank has acted in good faith. Also although you kept saying to the carpet company that you were writing a post-dated cheque did you actually ask them not to present it until funds were available? From the info you have presented here it just looks like a example of poor communication. This was easily preventable by you either by arranging an overdraft witht your bank, asking your bank to fast track the funds from the first cheque, agreeing to pay for your services when the cash was available or even cancelling the work until the money was cleared. Of course some of these solutions would have been inconvienient to you which is perhaps why you didn't choose them but rather tried to pass on your problem to third parties.

    More of us should take responsibility for problems rather than expect others to go out of their way to help us. It would definetly bring less problems and perhaps curtail this blame/compensation culture.

    Cerbius

     

    • Post Points: 5
  •  Mon, Dec 10 2007, 3:56 PM

    Re: Post dated cheque?

    A similar thing happened to me with my insurance company (I sent them 2 x £45 cheques, one dated for this month, the one for a month later). They agreed that they would accept a post-dated cheque and would not cash it until the following month.  A week or so later, I have a letter from my bank HSBC First Direct, who had said that the 2nd cheque had been cashed therefore taking me overdrawn.  I argued with the bank, who informed me that they legally can accept pre-dated cheques up to 3 months - eg, I could pay in a cheque today with a date of up to 10th March 2008!! I was astonished and shocked that a bank can do this. Anyway, after I argued with the insurance company, they agreed that it was their fault, and they did pay back my bank charges.  Check with your bank.
    • Post Points: 20
  •  Thu, Oct 18 2007, 11:52 AM

    Re: Post dated cheque?

    Absolutely - however banks do not like post dated cheques as a rule, but it is a definite banking erorr they have not looked at the date before paying them!!!

     Ask for a refund of the £90

    • Post Points: 5
  •  Wed, Oct 17 2007, 5:23 PM

    Re: Post dated cheque?

    What on earth is the fuss about? This is a banking error fair and square. if you post dated the cheque and they honoured it before the date of issue, then it is their fault and not yours or the company's. If, however, the cheque was honoured after the date and there were insufficient funds in the bank to meet it - hence the bounce, then it is your fault and you should just live with it. Banking regulations be bu gg ered - a cheque is a contract and that's the law. if your bank can produce the regulation that states their case I'd LOVE to see it.

    SHARK! 

    • Post Points: 20
  •  Wed, Oct 17 2007, 5:17 PM

    Post dated cheque?

    I was having a new carpet fitted last Friday and phoned the carpet company to advise them that a cheque I was expecting in the post had only arrived two days before(thanks to the postal strike) the day of the carpet fitting and I would either have to postpone the fitting or give them a post dated cheque- they told me it was no problem and better for them if I gave them a post dated cheque. I advised them that the cheque would be made for 17.10.07 as the bank informed me that it took 7 days for the chq to clear.

    I had the carpet fitted last Friday and on paying ther fitter the  chq. I once again advised that the chq was made out for 17.10;07 and he said that was fine.

    On Saturday I had a phone call from the carpet company asking me if I was pleased with the service and the fitting and I stated that I was very happy and particularly so, because I didnt have to postpone the fitting becasue of the late arrival of the chq I was expecting and that the fitter had definately re-iterated the fact that the chq I gave them was for 17.10.07. The response was "yes, we have that sorted for you".

    Yesterday my bank phoned me to say that 3 chq's had bounced and I was liable for £90 costs - all because the carpet company had paid in the chq I gave them.

    I phoned the carpet company and aired my grievances - stating that it was their company that agreed to accept a post dated chq,  that I had re-iterated the date on the chq to them 3 times on different days and 3 times they confirmed that it was absolutely fine.

    The predicament I am left with now is that they are unwilling to refund my bank charges, to help with the cost of the charges and to admit any liability and they state that the issue is with my bank for processing it. My bank that "banking regulations state that a cheque will be processed upon receipt, regrdless of the date on it"

    Help- can anyone advise me if I can legally getmy bank charges back from this company.

    Cheers

     

     

     

     

    • Post Points: 65