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Lloydstsb

On the morning of 28th December 2006 I paid a Lloyds’s cheque into my account for £4,000 from past experiences I new that iffunds were available the cheque would clear overnight allowing me to withdrawthe next day.



I checked my account via the internet on the morning of 29thDecember and the I could see that the cheque had actually clear.



I went along to the back into my local branch and checked with both thereceptionist and the cashier that it was okay for me to make cash withdrawal of£4,000 both statedthat I would make the withdrawal as I had cleared funds.



We I checked my account on 30th December I was shocked to seethat the cheque had been referred making my account exceed my overdraft limit.



The person who issued this cheque is long gone and I have no way of gettingmy money back. I am not in position torepayment £4,000 to the bank.



For for the best part of a year I have been at locked horns with theback who stated that there is a major difference between cheque clearing andcheque clear. I take my case to the FOSwho found in favour of LLOYDSTSB in October 2007.



For the past 6 years I have had a debt and have incurred charges that I have no way of re-paying (my wages andslightly above minimum wage as I am a care worker) Does anyone one have anysuggesions
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Comments

  • gb12345
    gb12345 Posts: 3,055 Forumite
    Unfortunately, you have discovered the problem with cheques - it can take time for them to be discovered as fakes.

    I would guess that you were sent the cheque and then told to withdraw the cash once it had cleared and send the money to someone using Western Union or similar (a common scam).

    The cheque will have been a forgery, probably on a company account and would have passed initial checks (hence being cleared by your bank). Unfortunately the account holder who's account it will have been drawn on (or the respecitive bank) will have eventually noticed it and complained to their bank resulting it it being referred and the money withdrawn from your account.

    The only suggestion is that in future you don't try and make a fast buck by getting involved in dodgy deals - which is what you appear to have done.
  • Apples2
    Apples2 Posts: 6,442 Forumite
    I agree with the assumption from gb, why put a cheque in and draw the entire amount out the following day?

    The avenue to take it further is to go to the FOS after making a complaint, which you have already done to no effect.

    I'm not sure what your past experience is, for most is that it takes a few days for a cheque to clear.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why not sue the person who gave you the cheque?
  • CRISPIANNE3
    CRISPIANNE3 Posts: 1,478 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Why not sue the person who gave you the cheque?

    Hes long gone!
  • imoneyop
    imoneyop Posts: 970 Forumite
    Why not sue the person who gave you the cheque?

    I doubt the OP even has a clue where the cheque really came from or who to sue.

    Looks like a classic fake cheque cashing scam to me - as others have said, the money will have been sent by Western Union.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In that case what did he do with the cash that he withdrew?

    Can't have it both ways - could he be complicit in this fraud??
  • gb12345
    gb12345 Posts: 3,055 Forumite
    In that case what did he do with the cash that he withdrew?

    Can't have it both ways - could he be complicit in this fraud??

    These type of scams usually take the form of payment processing or mystery shopping jobs.

    A fake cheque is sent to the victim, with instructions to cash it when it has cleared and to send the money on to someone else after taking their percentage out.

    Money is usually sent by the victim to the second scammer using Western Union or Moneygram as they are untraceable and unrecoverable once the money is picked up (somewhere in West Africa or the Far East).

    Cheque eventually gets discovered to be a fake and the victim has his account debited.

    The OP is lucky that he appears to have avoided being implicated in the scam and investigated by the police.
  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    6 years later and now you want to "go forward" with this?
  • marlewuk
    marlewuk Posts: 77 Forumite
    If fos have already ruled in favour of the bank, not really much cant be disputed. funds from chq available next day back then? certainly doesnt happen now since 246 was introduced.
  • JuicyJesus
    JuicyJesus Posts: 3,832 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The FOS have already ruled on your case - that's the end of the line. Even if you HADN'T complained in 2007, and were just complaining now, the complaint would be timebarred.

    No hope for this, I'm afraid. You had six months after the Ombudsman Service had made their decision to dispute it, that's pretty much the last gasp for any complaint.
    urs sinserly,
    ~~joosy jeezus~~
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