altered cheque

AnonymousForObviousReason

I'm taking the OP story as truth because it's the only side we have. I don't know why you insist on accusing them of lying?

Asking someone not to take payment until a particular point is not an informal agreement it's part of a contract, verbal and hard to prove maybe (although I would argue the cheque date does back it up if it's only slightly in the future). It's like your credit card company saying you get 58 days credit then pushing through a direct debit after 1 day, the only difference is that one is written.

I'm not saying that the person who cashed the check did something criminal by putting it to their account and it clearing - although altering it would constitute (stupid and pointless) fraud.

Why do people keep saying it has to be the date its written? All the date means is it doesn't guarantee the bank won't process it or you can't complain to the bank.

Your job (which has obviously scarred you emotionally - I can relate to that with some of my past ones too) with the cheques is quite different to this situation - you're company wasn't saying you owe us X and if you send us payment we won't cash it till Y.

bengal-stripe

AnonymousForObviousReason wrote: »

Asking someone not to take payment until a particular point is not an informal agreement it's part of a contract, verbal and hard to prove maybe (although I would argue the cheque date does back it up if it's only slightly in the future).

Anonymous

I can sign a contract with you today, stating that this contract or the agreed payment, will take effect on January 1st. - Everything right and proper, as it should be. The contract will show the date it was signed and the date of implimentation.

I cannot sign anything today using January 1st. I might not be able, for whatever reason, to enter into a contract (any contract) in four months time. Where does that leave our contract then?

AnonymousForObviousReason

But the cheque date isn't being used as the date of the contract starting (weather as offer or acceptance), it was an indicator of when the payment date was expected to be taken by the payee, the cheque is the consideration (something for something) part of the contract.

For example, if you buy a pair of trousers and there is a 28 day money back guarantee, if you pay by cash, card or cheque the date of the contract (and the 28 days return policy) is from when you took the goods not when the funds clear.

Azrael_1701

AnonymousForObviousReason wrote: »

But the cheque date isn't being used as the date of the contract starting (weather as offer or acceptance), it was an indicator of when the payment date was expected to be taken by the payee, the cheque is the consideration (something for something) part of the contract.

A cheque IS a contract (of payment). You cannot post-date signing a contract. (as stated above)

dtaylor84

AnonymousForObviousReason wrote: »

I'm taking the OP story as truth because it's the only side we have. I don't know why you insist on accusing them of lying?

Asking someone not to take payment until a particular point is not an informal agreement it's part of a contract, verbal and hard to prove maybe (although I would argue the cheque date does back it up if it's only slightly in the future). It's like your credit card company saying you get 58 days credit then pushing through a direct debit after 1 day, the only difference is that one is written.

Actually, the OP only said the other party agreed to them post-dating the cheque - not that they agreed not to bank the cheque until that date. Also, that doesn't override the bank's terms that prohibit post-dating cheques...

AnonymousForObviousReason

Azrael_1701 wrote: »

A cheque IS a contract (of payment). You cannot post-date signing a contract. (as stated above)

Okay, basics on a contract. This is rough and ready. There must be a better guide than this out there, someone please link (a nice simple link.)

A valid contract consists of a number of different parts.
1) Offer - this is the the offer of either some good or service for something.
2) Acceptance - this is a party accepting the offer
3) Consideration - this is the payment, you must have something for something. A new car for a single penny is consideration and would make a valid contract, a penny for nothing would mean an invalid contract. (this is why you see stupidly small cash values on vouchers because else there is no contract, the voucher is not a contract but can have terms and conditions which forms part part of the contract)

Q. So is a cheque on its own a contract?
A. No a cheque is not a contract it doesn't have all the parts.

e.g. If your darling mother gives you a cheque and it bounces you can't then sue the crap out of her for breach of contract (no consideration because your mother gained nothing by giving you the cheque). If your mother gives you a cheque for a computer you are selling, it bounces then you can sue her for breach of contract (you ungrateful child, taking your mother to court, tut tut tut, but you'll win).

AnonymousForObviousReason

dtaylor84 wrote: »

Actually, the OP only said the other party agreed to them post-dating the cheque - not that they agreed not to bank the cheque until that date. Also, that doesn't override the bank's terms that prohibit post-dating cheques...

I think if the other party agreed to post-dating the cheque then I this would be an implied part of the offer from the OP. The only defence I could think of for the other party is they didn't know it wouldn't clear.

No it doesn't override the banks terms, it didn't override the murder laws of the country, or many other things which have little to do with this - that's a separate country and the bank could decide to close the OPs account if they like, this (before you decide to point it out) would have no impact on the agreement between the OP and the party that posted the cheque.

boliston

AnonymousForObviousReason wrote: »

....

I would talk to the other party that altered it and say that their actions have cost you x amount of money and you don't want to inform the police, so if they pay the charges (don't get greedy tempting as it is to punish them that's not your right) you'll not pursue the matter.

Failing that report them to the police and your bank, just getting them involved in fraud will probably get them barred from having a bank account for a long time.

I very much doubt the police would even show an inkling of interest.

Unless either someone is walking about shooting people or someone has committed a traffic offence you will have great difficulty in getting any interest from the police.