have i become a gaurantor without knowing

vax2002

To Who did you give this cheque and what was the date on The Cheque in relation to the date it was cancelled, example, cheque dated september the 1st, canceled in october the that that type of thing.
Dishonoured cheques have to be proven to be "dishonoured first" in absence of any contract that can be quite a difficult thing to prove.

InMyDreams

That would have been quite risky handing over 6 postdated cheques, I'd have thought. If paid in early 'by mistake' they can legitimately be cashed. *If* the bank notices they probably won't accept it, but as I understand it, they are under no obligation either way.

Also, if they aren't needed and you don't get them back, they can be used for up to 6 years as evidence of the debt (even if a bank won't accept them). You'd have to trust the recipient quite a lot to hand over a cheque that you are not expecting to be cashed.

http://www.chequeandcredit.co.uk/faqs/-/page/post-dated_cheques/

dalby

vax2002 wrote: »

To Who did you give this cheque and what was the date on The Cheque in relation to the date it was cancelled, example, cheque dated september the 1st, canceled in october the that that type of thing.
Dishonoured cheques have to be proven to be "dishonoured first" in absence of any contract that can be quite a difficult thing to prove.

i wrote the cheque to the lanlord gave it to him on 27th feb (post dated 27th march ) step son paid his amount on the 27th march so i stopped it the same day

vax2002

Then instruct this Landlord that the verbal contract in relation to the cheques conditions has been fulfilled and the cheque has been withdrawn as the contract is completed.

dalby

thanks for that, so cos my step son paid the month that the cheque was for he cant threaten me with court action even if my step son doesnt cough up say next month (obviously he can to my step son )

vax2002

A Dishonoured cheque is say, you agree to sell me a car for £500, I write you a cheque drive away and then cancel it.
The laws position would be I had acted deliberately to gain advantage as I have the car.
This is a case of you wrote a cheque on the strict verbal contract that if your son did not pay this months rent due to his banking problems you would allow the cheque to be used to do so.
Your son has paid his rent, the contract is complete and the Landlord has no lawful right to gain from holding a cheque from a bill that has been paid.
Even in a court case, a counter claim would be issued for the value as it is not owed .
The agreement in relation to this cheque concluded upon the paying of the rent.
If Anything the landlord has acted fraudulently in taking the rent and trying to cash the cheque, the landlord is the one who should be worried.

dalby

thanks again:beer: