Please help, post dated cheque...

Melissa22_Mum

Hello

I was wondereing if anyone could help?

I signed up to a card collecting subscription, Having babies in this case. I got a little behind with the payments and decided to cancel as it was all getting way to expensive. I didn't have enough money to pay the bill all at once at the time. Each shipment was twelve cards, one set a month at £11.97. I was behind by two months and also had charges on top, it added up to £24.00.

On the statements it does say that they do not accept post dated cheques, however I decided to send them one dated for the 30th October along with a letter of explanation stating that I would like to cancel my subscription and settle my account with the cheque at the end of the month, and considering I was cancelling would they accept it in the cicumstances.
I sent it more as a good will gesture to show that I had every intention of paying but obviously could they hang on till the end of the month. I understood that if they wouldn't be able to handle the cheque they would return it to me. I have sent them a Direct debit form before which they couldn't accept as they don't use Visa Electron for direct debits. I have been behind with payments to them once or twice but never been charged and always been on good terms with the company.
This morning I recieved a statement from my bank informing me that I had incurred a £30.00 charge as a cheque had been taken out when there wasn't enough money to cover it.The cheque being the post dated one that shouldn't have gone out anyway.
I rang the company, Eaglemoss publications and the operater said that if they do recieve post dated cheques they put them to one side and they get put through at a later date. She said she didn't know what had happened in this case as she normally is the one to put cheques through. She advised me to contact my bank and they would probably blame their bank not that, that helps me much! :mad:
So, I rang my "helpful" bank the lady on the line said post dated cheques are useless and basically it tough luck. Then there was a long silence meaning "That's it now go away i'm not helping you any more"! Thanks a lot Abbey! :mad: :mad: :mad:
I rang Eaglemoss back, different lady this time, she couldn't understand why the cheque had been cashed and what I should have done, not really helpful and completely irrelevant however, I should have rang them instead. If thats the case why bother handling anything by post??!! I always deal with things by post as I believe it's the best way and I have handled things by post with them before to which I got a reply. She apologized and umm'd and arr'd a lot but said she couldn't understand what had happened and stated that they don't put post dated cheques to one side they just aren't allowed to accept them. It seems to me that my letter was disregarded and the cheque cashed anyway. The letter was wrapped around the cheque so there was no way the letter could have been lost. I've got a pretty good idea what the answers are going to be, lessons learned an all, but has anyone else had a similar problem or have any advice for me? :mad: :mad: :mad: :mad: :mad:

Bossyboots

It is in the terms and conditions of your abbey account not to write post dated cheques.

As has been pointed out to you, these are useless as they can be banked. Your argument is with Eaglemoss, not abbey but all they are really guilty of is poor customer service. You could try writing to them again, pointing out that you sent the post dated cheque to show good faith at a time when you were struggling and setting out the problems this has caused. I would be surprised though if they offer any recompense.

Melissa22_Mum

Thanks, that's what I expected but why bother having a date on the check at all if it means diddly? I had already written a letter to them as I said but I don't even know what's happened to that all I can do is write it out again. Should this be allowed, whats the point?!?!

Bossyboots

The letter you need to send now should set out pretty much what you have said in your first post. You need to say that the first lady told you it was a mistake to bank it, that is your key weapon here. Also, the fact that the second lady said it should not have been banked at all. This is an admission on their part that the cheque should not have been utilised, albeit you would still have owed them money. Had they stuck to their procedure of not banking it, you would be out of pocket by whatever charges Eaglemoss make for late payment which look as though they are lower than your bank charges. By banking the cheque too early they have caused you difficulties which would not have occured had they read and responded to your first letter.

I think they will argue that you owed the money and that you would have known they did not take post dated cheques but you might be able to come to some compromise with them. It is technically your mistake but you were trying to do the right thing by showing them you were willing to pay as soon as you had the money and hopefully they will have some compassion.