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Bank Have Lost Cheque

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My cousin went into the bank to pay a cheque in. She handed the cheque over to the cashier who did what she had to do with it.
She then gave my cousin a receipt for paying in the cheque.
A couple of days passed and she checked her account only to find the cheque hadnt cleared so she got in touch with the bank.
The bank told her it will be cleared in another couple of days.
She checked again and it hadnt cleared so she questioned it and they said the machine wasnt working when she paid it in and that it will clear soon.
As we speak it still hasnt cleared but she is reliant on the cash clearing.
How does she stand legally as she is getting charges and bills to pay but cant until the cheque has cleared.
Can someone help

Comments

  • jaymoe wrote: »
    they said the machine wasnt working when she paid it in and that it will clear soon.

    Your entire argument rests on this point.

    Is this true? can you get the bank to confirm it?

    Cheques do not always clear immediately or even in 2 days. Depending on who the cheque is from. If it is from another reputable bank your bank will probably honour it almost straight away. (I believe the banking laws on cheque clearing changed recently? can anyone else confirm this?)

    Even then though cheques can "bounce" weeks after they have been presented and allegedly showing as "cleared" in your account. (419 Scams are rife for this)

    Anymore details on teh rough value and who the cheque was drawn from?
  • When was the cheque paid in?

    I recently paid a cheque into my bank account and the cashier said it could take 7 - 10
    days to clear.
  • jaymoe
    jaymoe Posts: 218 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I havent got dates as to when she paid it in only what happened. The bank admitted the machine wasnt working the day she paid it in and that it will take a couple extra days to clear it. The cheque was from her employer as she always gets paid like this and they have always cleared in the past so she knows when it is due to clear and always checks to make sure
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