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Unsigned cheque?

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  • But why have you sent an unsigned cheque??
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • IvanOpinion
    IvanOpinion Posts: 22,136 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A cheque can be written on an old napkin if you want, just as long as it contains the relevant details. Some people try post dating cheques (which is actually illegal and the banks now generally ignore the date) and some people deliberately do not sign a cheque so that they can claim they sent one and 'oh dear .. oops I forgot to sign it' thereby buying themselves a few additional days credit.

    Millions of cheques get processed everyday and they are NOT looked at individually by a bank. The receiving company should ensure everything is in order before accepting it however if it reaches the bank then it wil lonly be looked at if there is a complaint.

    If it was a simple over sight and you meant to pay the money then what is the big deal .. if it is deliberate fraud from your account then you need to raise a dispute.

    Ivan
    I don't care about your first world problems; I have enough of my own!
  • soolin
    soolin Posts: 74,150 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    AS there are still millions of cheques going through the system and less and less bank staff making any checks on them all sorts of things end up being processed that really shouldn't be.

    However, if the issuer of the cheque makes a claim saying his cheque is not valid for some reason, the bank would have to pull the cheque to investigate. That doesn't mean though that the issuer can just take the cheque back and walk away, usually the banks would expect recompense and ensure that a correct payment went through.

    There is however a bit of a scam that I have come across on ebay. I have twic enow had a cheque pulled from my account after clearing due to errors. One was after nearly 6 weeks when the issuer claimed words and figures did not match (ie the cheque was for £38.91 in figures and £30.91 in words) in that instance though the buyer just asked the bank to put through the correct amount. On the second occasion I am less clear what happened as the bank wouldn't say, it appeared though that I had been given a joint account cheque and the account was technically closed but was linked to a single account and the cheque had gone there instead and only pulled back a couple of weeks after clearing when the issuer complained.

    Soo
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  • Astaroth
    Astaroth Posts: 5,444 Forumite
    The OP really needs to give a bit more of the circumstances. Certainly an unsigned cheque should be returned unpaid but as others have said, occasionally things do slip through the net.

    If it does for the OP then there are actually harder questions to answer. If you were to demand a refund, which you are entitled to do, then your bank should give this to you. If however the cheque was in payment for something, whilst you get the refund you would be in breach of your contract and so be sued or worse it could be considered either theft or fraud under no intent to pay. Whilst the cheque being unsigned would normally be put down as an oversight the intentional request for it to then be refunded would strongly suggest that you were fully aware that the cheque was invalid when you presented it.
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
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  • I paid for my car insurance by cheque in a brokers office some years ago. About two weeks later I got a call from them asking if I could call in and sign the cheque as it had been returned to them by the bank.

    I seldome use cheques these days and this was probably the frst one that I had written for a few months, and I had just forgotte to sign it.

    This does show that the banks do reject unsigned cheques (at least some of the tme).
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  • Astaroth wrote:
    The OP really needs to give a bit more of the circumstances. Certainly an unsigned cheque should be returned unpaid but as others have said, occasionally things do slip through the net.

    If it does for the OP then there are actually harder questions to answer. If you were to demand a refund, which you are entitled to do, then your bank should give this to you. If however the cheque was in payment for something, whilst you get the refund you would be in breach of your contract and so be sued or worse it could be considered either theft or fraud under no intent to pay. Whilst the cheque being unsigned would normally be put down as an oversight the intentional request for it to then be refunded would strongly suggest that you were fully aware that the cheque was invalid when you presented it.

    This goes against the grain, but for once I agree with Astaroth!!!!
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • flufff
    flufff Posts: 899 Forumite
    500 Posts
    The cheque has been taken from my account.
    It was in tescos.
    They have also taken 2 visa payments for same amount the girl really didnt know what she was doing.She advised me this had been refunded but slapped cheque in till before I could sign it.By this point I'd had enough time running out on car and 4 kids in tow.
    How do i approach this?
  • Bossyboots
    Bossyboots Posts: 6,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Haven't got time for a detailed reply now. Have you spoken to Tesco about the problem?
  • I had two debits once from Asda and it resolved it's self in 24 hours. I would notify your bank that the two debits duplicate the cheque and those decits should be reversed.

    Good luck!
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
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