Cheque paid into wrongly named account

Dave2112

Hi

A cheque I've written has been paid into the wrong account. The BS doesn't want to help me and I'm having to keep pushing them to get it reversed.

The latest is that the BS have come back and said they cannot reverse the cheque.

The cheque is "A/C payee" so I believe that the name of the account paid into has to match exactly what was on the cheque - but even though they sound similar they are spelt differently (6 characters v 9 characters) and are obviously different names.

Can anyone point me in the direction of the relevant legislation ?? I've got a document from APACS but I would like to be able to tie the BS (Nationwide) into a specific piece of legislation and then be able to give that as evidence. Then hopefully they will be forced to refund my money.

many tks in advance
Dave

and yes, it has been reported to the Police who are progressing their enquiries !!!!

regularsaver1

so the cheque has been paid into an account of someones similar name as you, that you do not know?


did you provide the account numbers when paying in the cheque?

Dave2112

Urm bit late at night for me so I'll try and clarify ...

I wrote out a cheque to "N Leicester"

this cheque has been cashed and cleared into an account of "N Lester"

which is the wrong account. BS have said they won't reverse it and to go via the Police (which I'm also doing)

But I think it should reversed cos the names are not the same and the cheque is "A/C payee" - this will also get my money back quicker.

further searching has found something in the cheques act 1992 which might help though.

regularsaver1

but they must haver had the account numbers to pay the cheque into??? as even if they got the names right , how many N Leicesters are there in this world???

Sillychuckie

surely the person paying it in used a pay-in slip...
that payin slip has their acc't number and sort code on, and more importantly, they have a receipt for the deposit...

just get them to chase up the £50, and the bank will pay (they have a receipt for it after all, so it should be in their account).
dont worry that the bank has paid it to the wrong person, thats not the right approach.
view it as "i paid someone via cheque, they paid it in, but it isn't in their account. here is proof".

Bossyboots

I am still a bit confused.

Was the cheque written to yourself or a third party?

If a third party, was it they who banked the cheque or has it been intercepted somewhere?

If it is a third party and they have banked it but the money is not in their account then I would have thought it is for them to be chasing their bank, not you.

JanCee

The Bank haven't got a leg to stand on. It is up to them to check the account payee details are correct. They will have to refund you from one of their suspense accounts and then it is up to them to obtain a refund. The cashier who accepted the cheque in the first place has made a mistake. Don't let them fob you off.

bengal-stripe

Sorry, don't get it.

You wrote out a cheque to "N Leicester". Did you hand it over to the person in question, did you mail it? Did "N Leicester" complain he never received payment? Or did you just get the spelling wrong, "Leicester" and "Lester" is pronounced more or less the same. What difference does that make?

Or is it you who's pulling a fast one? Let's say, you ‘accidentally on purpose’ misspelled the name, hoping the cheque could not be cashed and had to be returned to you, thus giving you more time to pay (just like some people ‘forget’ to sign a cheque). Now the cheque has gone through or has bounced, as the case may be. Are you trying to get out this way?

You must give us some more information to know, who does what and to whom.

“Curioser and curioser” said Alice.

Bossyboots

bengal-stripe wrote:

Sorry, don't get it.

You wrote out a cheque to "N Leicester". Did you hand it over to the person in question, did you mail it? Did "N Leicester" complain he never received payment? Or did you just get the spelling wrong, "Leicester" and "Lester" is pronounced more or less the same. What difference does that make?

Or is it you who's pulling a fast one? Let's say, you ‘accidentally on purpose’ misspelled the name, hoping the cheque could not be cashed and had to be returned to you, thus giving you more time to pay (just like some people ‘forget’ to sign a cheque). Now the cheque has gone through or has bounced, as the case may be. Are you trying to get out this way?

You must give us some more information to know, who does what and to whom.

“Curioser and curioser” said Alice.

You're a wise soul bengal-stripe. This didn't even occur to me although I knew it didn't all sound right.

Cara79

Surely it is for N Leicester to complain that it's been paid into the wrong account. How do you know it's been paid into the wrong account?

You wrote out the cheque, presumably that's where it ends for you.

N Leicester would have then paid the cheque into their BS

Unless i'm missing something....?

Coupon-mad

Cara79 wrote:

Surely it is for N Leicester to complain that it's been paid into the wrong account. How do you know it's been paid into the wrong account?

You wrote out the cheque, presumably that's where it ends for you.

N Leicester would have then paid the cheque into their BS

Unless i'm missing something....?

Absolutely! It's down to the recipient of the cheque to chase it, using the paying-in stub as proof.

All sounds a bit fishy to me though, too, cannot see how this happened unless bengal-stripe is right?