Posted Dated Cheques

bloolee

Morning ya’ll,
I recently posted dated (31st) 2 cheques and posted them out, I’m with Nationwide, then went off on my holidays (Spain). When I was on holiday I went to the back to withdraw some beer tokens to find my account was empty.
So I got on the internet backing only to find out that both cheques had been cashed (14th & 15th). My understanding of cheques is they cannot be cashed until after the date on them, I may be wrong? I then phone Nationwide when I was told that they could be cashed even if they are posted dated although most people I’ve spoke too had the same understanding as me.
Can anyone clarify this and is there anything I can do?
Thanks
Lee

izools

Banks are under no obligation to wait until the date on the cheque before honouring it, and recipients are under no obligation to wait on cashing the cheque until the date.

Nationwide are correct.

It is also fraudulent to date a cheque with a date other than the date it actually is when writing it; it is also fraudulent to write a value on the cheque that you don't have as available funds at the time of writing it.

Just be greatful that Nationwide haven't withdrawn your cheque facility

alanq

I wouldn't call it fraudulent. However, writing post-dated cheques does break the account Ts&Cs.

"17. Cheques must only be written in sterling and should not be
post dated."

http://www.nationwide.co.uk/pdf/current_account/P9292_FlexTermsConditions.pdf

cottager

Old article (2004) but this is relevant:
http://news.bbc.co.uk/1/hi/programmes/moneybox/3537727.stm

ElleR

Really? Wow I paid a whole years rent in post dated cheques and I'm with Nationwide. Would it be the same for all banks/building societies? I'm surprised the letting agents ask for them if account holders aren't allowed to write them.

pmduk

writing a cheque that you don't have the funds to pay is most definitely fraudulent, even if you post date it.

izools

ElleR wrote: »

Really? Wow I paid a whole years rent in post dated cheques and I'm with Nationwide. Would it be the same for all banks/building societies? I'm surprised the letting agents ask for them if account holders aren't allowed to write them.

They have no legal right to ask for this.

I would suggest reporting them to the FSA and OFT.

First off, they are asking their tennants to commit fraud and break their bank's T&Cs.

Secondly, they are able to cash those at any time - same for any bank.

olly300

ElleR wrote: »

Really? Wow I paid a whole years rent in post dated cheques and I'm with Nationwide. Would it be the same for all banks/building societies? I'm surprised the letting agents ask for them if account holders aren't allowed to write them.

Personally I would:
1. Cancel the cheque book with the cheques you wrote for them.
2. Demand their account details so you can set up a standing order explaining that unfortunately you had to cancel your entire cheque book due to problems with some cheques you wrote.

As already said you have broken the bank's t&c plus you are opening yourself up to being abused.

ses6jwg

It is against almost every banks/ building societies current account T&Cs to post date cheques.

Other popular ones that people do that are against the T&Cs are:

- Using personal account for business purposes (the bank has the right to force close your account for this)

- Giving your card/ PIN to a family member to use (the bank again has the right to withdraw the card facility on your account, and is under no obligation to investigate any fraudulent activity on your account as you have not held your details securely)

izools

ses6jwg wrote: »

It is against almost every banks/ building societies current account T&Cs to post date cheques.

Other popular ones that people do that are against the T&Cs are:

- Using personal account for business purposes (the bank has the right to force close your account for this)

- Giving your card/ PIN to a family member to use (the bank again has the right to withdraw the card facility on your account, and is under no obligation to investigate any fraudulent activity on your account as you have not held your details securely)

Not to mention leaving contact details out of date. Especially when going abroad for a long time.

[Deleted User]

There was that new law that came in - it makes writing a post-dated cheque a criminal offence, punishable by a £1000 fine, 6 months in prison, and then a beheading after that.

Very serious breach of the law. I've informed the boys.