Canceled check

21flames

Hi people

I need some advice, wondering if you can help.

I recenty got paid by check for a few days work.

I paid the check into natwest on sat, it has been showing since tue and able to draw yesterday.

I have had a dissagrement with the guy who made it and know he says he is going to cancel it.

I have been into my bank and his.

It cleared in his bank yesterday but wont properly clear in mine till next tues.

His bank says he has untill tomorrow to cancel it, which I don't understand as it has cleared in his.

I have been reading up all day and some people seem to think you need to have a valid reason to cancel it as it can be seen as fraud. Other people say you can just cancel it.

Please let me know what you think and if it is cancelled if there's any chance of me reclaiming it and how I would go about it

Thanks Chris

ShelfStacker_3

I'm honestly struggling to understand how they can effect a stop on a cheque that has already been paid... who are his bank?

That said, he doesn't need a reason - so long as he pays the fee (£10 or so), although obviously he has no grounds to say it's fraudulent if he can name the payee and amount (as the bank will ask him to) and it's signed properly. You could take him to small claims court if the cheque is returned - you did the work, you need to be paid for it.

21flames

Thanks for the reply

His bank is Barclays.

They say It cleared out his account yesterday but say if I payed it in sat that it would of hit them on mon and that he has five days to cancel it. Which means he has untill tomorrow.

My bank say it wont clear proper into mine unrtill next tue.

What I read was he can't just stop a check that he dosen't want to pay without a valid reason. But my mate says he can just say it was payed in error or something and I will have no come back.

It's only £70 but it's £70 I can't afford to loose.

ShelfStacker_3

21flames wrote: »

What I read was he can't just stop a check that he dosen't want to pay without a valid reason. But my mate says he can just say it was payed in error or something and I will have no come back.

He's half right (although "paid in error" would be quite a leap presuming that he wrote the cheque and signed it himself). He can stop any cheque that isn't guaranteed using a guarantee card or special presentation for any reason he likes, no matter how spurious. However, your comeback is that you can take him to small claims, although this will sadly cost you.

One of the Barclays bods on here might know more about the possibility of him stopping the cheque after it's debited (Barclays' usually quite good website doesn't say anything about it), but I would say it's counterintuitive and he'd have a hard time persuading them.

21flames

He did write and sign it.

Would be pointless taking him to small claims for that amount, just hope he can't persuade them.

How do I find a Barclays bod on here?

Not sure as this is my first post.

Thanks for all your help

Extant

Oh, hello.

Unless things have changed without me knowing, cheque must always be canceled before they're presented to us - so he wouldn't be able to cancel it. That said, the cheque wouldn't hit his account until two days in to clearing, and it can usually be stopped in those two days - but it sounds as though it's on his account and on ledger, so he's got no chance.

21flames

Thanks for being so helpful.

Looks like I should be ok then, hope so!

p.s. I realy should brush up on my spelling of Cheque LOL

Andy_Ches

I'm confused as to how Barclays have discussed his account with you.

Extant

21flames wrote: »

Thanks for being so helpful.

Looks like I should be ok then, hope so!

p.s. I realy should brush up on my spelling of Cheque LOL

It's alright, I'm actually an American and have to remind myself of the spellings all the time.