cheque with unauthorized signature honoured

Dagobert

I made the following stupid mistake:

I filled in an A&L cheque and days later I noticed that I had accidentally picked O/H's cheque-book! I am not an authorized signatory for this account and yet the cheque was honoured.

The £250 were debited to O/H's account on 13th July, which caused the overdraft limit to be exceeded.

Over the phone, I transferred £250 to O/H's account. I was told that this would be credited instantly. As the credit was not visible online, I drove down to the Post Office to make a further cash pay-in.

Both £250 credits showed up the day after showing 13th as the transaction date.

However, O/H was charged £34 because there had been insufficient funds to draw the cheque.

Question: can O/H argue that they should not have accepted the cheque as it did not show an authorized signature?

Emmzi

I think it's legally shaky ground in that YES they should have refused payment but TECHNICALLY you nicked his cheque so wrote a fraudulent one(albeit unintentionally).

I'd go for grovelling apology longstanding customer give me my money back etc etc BUT also ask why cheque paid.They don't like customers to know they never check anything under about £500...

jonesMUFCforever

I would not go for just refund of charges here.
I would also ask for compensation and ask how they can justify paying a cheque on a wrong signature.

Dagobert

ejones999 wrote:

I would not go for just refund of charges here.
I would also ask for compensation

Well, I'm normally known for my brass-neck. I certainly always ask for refunds but I'm cringing a bit at the thought of asking for more. You mean "compensation for the extra hassle incurred" knowing fine well that I was a total numpty picking up the wrong cheque book?

amandathepanda

The signature on the cheque would not have been checked if it was for £250,at one time all cheques were examined for dates signatures etc, but now they say it takes too much time so we don't bother. I would think that your O/h is entitled to a full refund of any charges incurred as they did not authorise the account to be debited.

kenshaz

A mistake was made ,you signed the wrong cheque,the bank compounded the situation ,answer refund bank charges ,no compensation.Telephone or appointment speak to manager explain ,no problem

M_Thomson

Dagobert wrote:

I made the following stupid mistake:

I filled in an A&L cheque and days later I noticed that I had accidentally picked O/H's cheque-book! I am not an authorized signatory for this account and yet the cheque was honoured.

The £250 were debited to O/H's account on 13th July, which caused the overdraft limit to be exceeded.

Over the phone, I transferred £250 to O/H's account. I was told that this would be credited instantly. As the credit was not visible online, I drove down to the Post Office to make a further cash pay-in.

Both £250 credits showed up the day after showing 13th as the transaction date.

However, O/H was charged £34 because there had been insufficient funds to draw the cheque.

Question: can O/H argue that they should not have accepted the cheque as it did not show an authorized signature?

Yes they shouldn't have honoured the cheque, but like the poster above says, they don't check signatures for anything below a certain amount. By the way it is authorised not authorized! We are not American yet although give it a few years he he

kenshaz

M_Thomson wrote:

Yes they shouldn't have honoured the cheque, but like the poster above says, they don't check signatures for anything below a certain amount. By the way it is authorised not authorized! We are not American yet although give it a few years he he

Why are you concerned about spelling,content is the most important ,or are you the spelling police.When you post comments it inhibits posts.

jonesMUFCforever

TheO/P 's wife will have been damaged by her bank's computer system credit score because it looks as if she broke the terms and conditions of her account by o/d more than she was allowed.
The fact that the charge has been refunded is irrelevant - if she applies for a card or loan or o/d in the future she MAY be put on a higher rate of interest because of this.This is why she should ask for compensation.

M_Thomson

kenshaz wrote:

Why are you concerned about spelling.

The spelling wasn't incorrect in the sense of it being American English, I was simply pointing out in a light hearted way that it was the American spelling.

kenshaz wrote:

content is the most important.

That is a rather 70's and 80's teaching method point of view. I was taught in the 70's and 80's and part of the 90's yet I disagree with you on that.

kenshaz wrote:

or are you the spelling police.

No. It was a light hearted comment at the way American spellings are taking over

kenshaz wrote:

When you post comments it inhibits posts.

Cheer up

kenshaz

Perhaps you are a retired teacher,have a holiday,so your view is still that spelling is more important than content,this site certainly opens your eyes.
:rolleyes: