Legal rules on cheques

dr_john_cain

:eek: Dear MSE forum,

1. I put a £20000 cheque into my account (nationawide) on tuesday 3 January.

2. I then sent a cheque, dated 6 January, second-class post, the same day from my account to a charity and in an email (which they read) I said to the charity do not put the cheque into your account until the 6th Janury.

3. Someone at the charity got the cheque on wednesday 4 january and, in the afternoon, put it into the charities' account.

The advice I need is this:

4. Is it right that the charities' bank account actually accepted on 4 January a cheque dated 6 January? Is a cheque not a legal document? Are they illegally accepting the cheque before the 6 Jan?

5. Nationwide kindly said they would waive any charge if my cheque bounced. However, the charity may be charged for accepting a cheque which was not honoured (I don't know yet if it will "bounce"). Is it fair that their bank could charge them when their bank too the 6 January dated cheque on 4 January.

Many thank for your expert assistance in this matter.

Dr John Cain.

bengal-stripe

You should not, ever, issue a post-dated cheque. The recipient is under no obligation to honour the date,
neither is either of the two banks involved:

http://www.chequeandcredit.co.uk/faqs/-/page/can_i_post-date_a_cheque/

The legal rule is, a cheque is due for payment on presentation.

noh

Is it right that the charities' bank account actually accepted on 4 January a cheque dated 6 January? Is a cheque not a legal document? Are they illegally accepting the cheque before the 6 Jan?

They are acting lawfully by accepting the cheque when presented.
You however acted against Nationwides advice by issuing a post dated cheque.
http://www.nationwide.co.uk/current_account/managing_your_account/Receiving-or-writing-cheques.htm

Also you acted contrary to their T+Cs
See section 17 of
http://www.nationwide.co.uk/pdf/current_account/P857.pdf

Nationwide kindly said they would waive any charge if my cheque bounced. However, the charity may be charged for accepting a cheque which was not honoured (I don't know yet if it will "bounce"). Is it fair that their bank could charge them when their bank took the 6 January dated cheque on 4 January.

Yes it is fair.

jjlandlord

dr_john_cain wrote: »

Is it fair that their bank could charge them when their bank too the 6 January dated cheque on 4 January./QUOTE]

Whatever the date on the cheque, you asked them not to cash the cheque before a certain date, which could only mean that the cheque would probably bounce if cashed before, and they ignored your request...
So it's quite fair that they deal with any charge on their side.

dzug1

Even 6 January may be cutting it fine

http://www.nationwide.co.uk/current_account/managing_your_account/chequeprocessing.htm

dr_john_cain

Thank you all very much for taking the time to reply to my post. I am extremely grateful to you all for your help and for Money Saving Expert for this excellent, invaluable and friendly (and what's more, free) service.

Kind regards, John.