Bounced and Represented cheque charges

BobQ

UsetheFORCE wrote: »

As the law states.... I did not KNOWINGLY write the cheque, not expecting it to clear.

The money should of been in on the day the cheque was presented for payment...

Dep Day -1 (Treated as Day 1), Money due in Day 2, cheque presented Day 3

I haven't done anything wrong as I read the law.

You need to be careful with your assumptions. Any account has two balances one is the balance including uncleared payments and another the balance which has been cleared. Not all deposits are cleared the next day and you cannot write a cheque based on an uncleared balance unless your bank tells you that you can. It appears that you had insufficient cleared funds on at least two days in this case.

If I were you I would go into your bank and let them explain the process to you (obviously there is no point if you are not willing to listen) and maybe you will not make the mistake again with your next bank.

BobQ

UsetheFORCE wrote: »

Did I? So they don't have to tell me how they are going to deal with something?

As far as I can see, I gave them authority to pay my landlord the sum of the cheque, I didn't give them authority to instruct my landlords bank to automatically represent a cheque without them notifying me of what they intend to do in order that I can remedy the situation.

Had I known that the cheque had bounced and would be represented then I wouldn't of settled by Faster Payment directly with my landlord.

My landlord didn't represent my cheque, his bank did without requesting them to do so!

This was my first cheque and will be the last, if they don't explain in the terms and conditions what is going to happen then I shouldn't be responsible for what they and my landlords bank unilaterally decide to do!

OP, I can see you are angry but in banking law you gave them all the authority they need. You signed the Cheque.

This is your authority to settle a debt that you acknowledge exists by signing the cheque. Your bank is expected to take all reasonable steps to pay your debt. If they had returned your cheque saying "Do not re-present" this would be a clear signal to your landlord that you were insolvent. Instead they invited them to re-present the cheque because they thought it was an oversight on your part. The issue has always been your willingness to have the required balance to meet the debt you acknowledged by signing the cheque.

G4MHJ

We had a cheque bounce for £15.00 on our joint account that my wife wrote. The bank paid US £50.00. Long story; when I telephoned the bank and checked my cleared balance it was over £500. So when I asked why they had returned a cheque Refer to Drawer they said that they couldn't accept a cheque signed by my wife as she was deceased ! My wife and I made an immediate unannounced visit demanding to see the Bank Manager and were treated like royalty with tea and biscuits. Computer error was of course the reason for the mistake. We changed bank immediately after this.

jonesMUFCforever

OP why did you issue a cheque at all - unless you knew that you had no funds?

All you had to do was ask the landlord for his sort code and account number and do a faster payment.
This would not go through unless you had the funds to pay - but at least your bank would not have charged you for it.

UsetheFORCE

I had no funds at the point I wrote the cheque, it was a topup to another cheque I paid in at the same time, I expected the money to be there by the time the cheque was presented but it wasn't.

My fault on that part, my issue is that they didn't inform me of their intentions in a timely fashion and I had no idea they would represent the cheque. I cannot rectify an issue when I am not aware of the issue or their intended actions.

Anyway, useless shower of s****, charging £35 a time, which is legalised theft. Bear in mind that many other high street banks now charge between £5-£10 for the same thing!

They have lost my custom, very poor customer service.....

opinions4u

UsetheFORCE wrote: »

Anyway, useless shower of s****, charging £35 a time, which is legalised theft. Bear in mind that many other high street banks now charge between £5-£10 for the same thing!

They have lost my custom, very poor customer service.....

Don't worry, the other banks will find other ways of charging you to make up the difference.

Have you tried having a polite conversation with the bank? You might be £70 better off if you do.

Not angry, aggressive, rude etc. Polite.

UsetheFORCE

opinions4u wrote: »

Don't worry, the other banks will find other ways of charging you to make up the difference.

Have you tried having a polite conversation with the bank? You might be £70 better off if you do.

Not angry, aggressive, rude etc. Polite.

Hi,

yes I did, they said they would refund one charge. I feel like accepting that in relation to the first charge and then go after them for the second.

So realistically I will lose £35, which is 4 1/2 or so charges off Barclays, I don't normally use cheques, DD's or SO...normally BP so unlikely to rack up that many charges...

Anyway, hope they enjoy the £35, the money is bad enough but no doubt I will end up with something like 000110000 on my credit file as well!!!

Thanks for the input anyway everyone, just wanted to see what other people thought, had experience of the same situation.

Take_it_like_a_man,_sonny

Actual the payee or the bank does not have to represent the cheque, but could do the issuer with a writ for fraud straight away?

Anyway to OP, take heed of a lesson learned, next time have money in said account before issuing bouncing cheques.

pmduk

OP, yes, Yorkshire Bank's charges in this respect are higher than other banks, but they were that way before you incurred them by your own failure. You accepted them by using the account. Just move on and be relieved they waived one of them.

UsetheFORCE

pmduk wrote: »

OP, yes, Yorkshire Bank's charges in this respect are higher than other banks, but they were that way before you incurred them by your own failure. You accepted them by using the account. Just move on and be relieved they waived one of them.

Well, the first charge is, I still don't accept that they should beable to get away with the second...

Anyway, I will keep the account open so that 00000's appear ahead of any 11111's they put on my credit file...