Post Dated cheques - advice needed please!

suzialwaysbroke

Can anyone advise me on a very sticky situation?
I wrote a cheque for some work I had done & as it was a very large cheque, the supplier agreed I could post date it for 6 weeks time. It has arrived in my account 4 weeks before the due day, which has sent my account haywire. I phoned my bank as soon as I saw it on my internet bank statement, but they said that it was too late to stop it & that pdc were illegal which is why the date had not been noticed by the bank cashier.
Do I have any redress against the bank? Have they been negligent? Or is it my own stupid fault for trusting the supplier?
Any advice would be appreciated.

Many thanks

immoral_angeluk

A post dated cheque can't be banked until the date shown so I don't know why they allowed the supplier to cash it!!

Uniscots97

Its the banks fault for putting it through with a future date.

Snaggles

Unfortunately the bank may say in their terms and conditions that they can pay a post dated cheque on first presentation (even if the date hasn't been reached, and providing there are no other technical issues with the cheque, ie signature missing etc), it might be worth having a read through and see what their terms and conditions say.

Scottishmummy

I once forgot to sign a cheque honest I did but the bank stilled paid out on it. I was furious because if they paid out on that unsigned cheque what is to stop anyone just signing anything on forged cheques if they don't even look at them.

I have heard somewhere that as far as banks are concerned they don't acknowledge post-dated cheques. It is up to the person you are giving it to to bank it at the correct time. If they bank it early then the bank will pay it.

joeblack066

I had this issue once and on further investigation discovered that banks do not recognise PDC, and will pay them so long as 6 months AFTER the date on a cheque has been written has not passed. Post dating is, unfortunately, meaningless.

ravenfire_2

I have always been told that if you post date a cheque and it goes through sooner there is no recourse - basically you shouldnt post date cheques.

How annoying for you - what a shame the company in question has banked it sooner than they said. Hope you are able to sort something

FatJock

Hi,

I've been warned by my bank (Lloyds) not to poat date a cheque as it is illegal to do so and also they will cash any cheque under £1000 regardless if it is post dated or not.

I'd have a word with the supplier and see if you can sort something out that way. I'd also be reluctant to do future business with them if they are not going to honour their promises to you.

I'm sorry this has happened to you, hopefully you can get it sorted but I doubt very much if the bank will be interested.

Regards
FatJock

rog2

A post-dated cheque, in itself, is NOT illegal. Many companies WILL accept them, and in so doing they are agreeing NOT to present the cheque until the agreed date. I agree that the act of presenting a 'post-dated' cheque to a Bank, in the expectation of immediate payment, may be illegal, but you had a verbal contract with your supplier, which he, apparently, has broken.
The mere fact that the Bank has honoured the cheque is confirmation that banks do not check details closely enough.
In saying that PDCs are illegal, the Bank is simply pushing the responsibility back to you. :mad:

redsquirrel80

joeblack066 wrote: »

and will pay them so long as 6 months AFTER the date on a cheque has been written has not passed.

One of my colleagues had to check up on this for a work issue and apparently this is no longer the case, the bank told her there is no time limit on when a cheque could be banked after it was written.