Date changed and signature forged on cheque!

lauranurse

I am furious!

In 2007 I sold something on ebay which the buyer wasnt happy with, so she returned it for a refund, which I sent to her promptly as a cheque. The cheque was dated Dec 2007. I didnt think any more of it.

Then near the end of last year I had an email from the buyer saying she hadnt paid the cheque in yet so was it ok for her to change the date (as cheques are only valid for 6 months) and initial it with my intials so she could pay it in! I said no because I wasnt happy with this (and she was quite rude anyway so I kind of thought it served her right!)

Bearing in mind it is now 2009, I noticed on my last bank statement that a cheque had been cashed which I didnt recognise, so I looked in my old cheque book and it turned out to be this one from 2007! I rang the bank and asked them to send me a copy of the cheque, which they did.

It arrived today, and I am fuming! Not only had she changed the date and initialed it, she had also signed it from me too - which is forgery!

I have been on the phone to the bank but they didnt seem to think it was a problem because it wasnt the main signature on the cheque! Never mind that someone has spent hours perfecting my signature!

Is there anything I can do about it? I am so annoyed that she did this, and dont think she should be able to get away with it!

Clive_Woody

lauranurse wrote: »

I am furious!

In 2007 I sold something on ebay which the buyer wasnt happy with, so she returned it for a refund, which I sent to her promptly as a cheque. The cheque was dated Dec 2007. I didnt think any more of it.

Then near the end of last year I had an email from the buyer saying she hadnt paid the cheque in yet so was it ok for her to change the date (as cheques are only valid for 6 months) and initial it with my intials so she could pay it in! I said no because I wasnt happy with this (and she was quite rude anyway so I kind of thought it served her right!)

Bearing in mind it is now 2009, I noticed on my last bank statement that a cheque had been cashed which I didnt recognise, so I looked in my old cheque book and it turned out to be this one from 2007! I rang the bank and asked them to send me a copy of the cheque, which they did.

It arrived today, and I am fuming! Not only had she changed the date and initialed it, she had also signed it from me too - which is forgery!

I have been on the phone to the bank but they didnt seem to think it was a problem because it wasnt the main signature on the cheque! Never mind that someone has spent hours perfecting my signature!

Is there anything I can do about it? I am so annoyed that she did this, and dont think she should be able to get away with it!

It is fraud, but at the end of the day you freely admit you owed her the money and you have benefited from it sitting in your account earning interest for 2 years. I don't imagine the police would show much interest and seeing as your bank are not inclined to do anything I don't really think there is much you can do.

Mikeyorks

lauranurse wrote: »

Not only had she changed the date and initialed it, she had also signed it from me too - which is forgery!

I don't understand the bit I've made bold. Is the signature (and the initials) against the date amendment?

However - a bit academic. Your Bank tells you to stop out of date cheques as they're legally valid 6 years ... and can creep through the general '6 months - if spotted - rule'.

But if she's forged your signature to get it through (no matter where she put it) .... it's basic fraud. Just write to your Bank pointing out the Serial Number clearly denotes (as it was 'an old book' you must get through enough to 'date' it this way?) the cheque is old. The amendment / initials / signature are not yours ...... and ask / insist they retrospectively dishonour it back to the payee bank.

As the payee is 'complicit in fraud' ...... she has personally broken the 6 day rule whereby cheques are 'cleared for fate'.

lauranurse

Thanks for replying

Mikeyorks wrote: »

I don't understand the bit I've made bold. Is the signature (and the initials) against the date amendment?=quote]

She changed the date and initialled it, then must have decided it would look more convincing if she actually signed the date change too, so she added a very well-practiced version of my swirly signature.

I guess if she had paid it in late and the bank hadnt noticed I wouldnt have been that bothered (although maybe if I hadnt had enough funds for her to take it from I might have been!). I am just really, really annoyed to think that she had the nerve to copy my signature and thought she could get away with it . . and has got away with it because the bank arent interested.

I wish I still had her email address, I would be very tempted to tell her I had reported it to the police (I havnt!) and let her stew.

Mikeyorks

The police won't be interested. But the Bank have little choice but to be if you clarify - in writing - that the amendment has been 'persuaded' through by forgery.
Get them to bounce it ..... they have little choice if you push.