Stopping a cheque that has cleared ??

Hi

Is it possible to "reverse" or stop a cheque you've written once it has cleared from your account ?

Basically, I had some work done with my neighbours involving two contractors. I wrote a £xxx cheque out to "A Person" (name withheld for the time being) when I was asked for payment. Now, the main contractor is saying I should have paid them, they haven't been paid and know nothing of this "A Person". No receipt as they were going to provide one receipt covering all neighbours. Nothing written on the cheque to guarantee it.

I've been to the building society and they say I cannot get the funds returned to my account - though I'm sure I've read of this happening where cheques are stopped weeks or months later.

Instead I have to go to the Police, report the fraud/deception and they will liase with the Building Society. What happens then is anyones guess.

I've looked at the APACS site and have found examples of cheques being overturned weeks later but can't find any actual evidence of how to go about this.

Any suggestions? I know that it looks like I've been well and truly stitched up but if anyone can provide a glimmer of hope that would be great.

Dave

Comments

  • dunstonh
    dunstonh Posts: 119,152 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is it possible to "reverse" or stop a cheque you've written once it has cleared from your account ?

    In the normal sense of things, no its not. Going back many many years to my banking law exam days, there are some obscure events that can allow it but nothing useful for you.

    You should go to the police and they can put a trace on the cheque to see what bank account it was paid into. If the person is stupid, it will be their own (it happens) and you could get lucky. If not, it then becomes a crime statistic unless the police get lucky. Even then, you may not get your money back and even if you do, it may be a couple of years and could even be paid in installments.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Dave2112
    Dave2112 Posts: 78 Forumite
    Part of the Furniture Combo Breaker
    Tks

    I've found the following link that suggests that cheques can be reversed many weeks/months afterwards so fingers crossed.

    http://news.bbc.co.uk/1/hi/programmes/moneybox/3709908.stm

    (haven't been able to hyper link as work seems to block it)
  • Jay-Jay_4
    Jay-Jay_4 Posts: 7,351 Forumite
    Go to the police, get a crime reference number, go back to your bank and report it as fraud.

    They won't do anything without a crime reference number but they can (as dunston explained) quite easily get the details of the receiving account and liaise with account holders bank's fraud dept in the hope that the money will be recovered.

    Don't hold your breath, don't expect an immediate refund. In reality this was your mistake and it's very dificult to prove either way that the payee wasn't entitled to the money you gave him although you know this to be the case.

    Have you any contact 'Person A'?
    Just run, run and keep on running!

  • Dave2112
    Dave2112 Posts: 78 Forumite
    Part of the Furniture Combo Breaker
    Tks

    I'm typing up the report for the police this afternoon and shall drop it round there later. No, I haven't seen "Person A" since but I shall check the local phone directory when I get home to see where they live as it's not a common name.

    I can also get a copy of the cheque with the account details it's been paid into from the BS but they suggest letting the police get it as they might then pay for it.

    Oh well, turned down on endowment misselling, fund provider readjusts their funds to give me 10% less in value over night and falling for a scam. What a fortnight :-(
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Regret you can't stop a cheque once it has cleared.

    Yes,there are a very small percentage of instances where cheques are bounced later. But it's primarily some mess-up by one of the Banks in the Clearing process. You can't initiate that - nor can your Bank do it for you

    Treat it as fraud - and I trust you get your funds back.
    If you want to test the depth of the water .........don't use both feet !
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