Lloydstsb

Gromitt

marlewuk wrote: »

funds from chq available next day back then? certainly doesnt happen now since 246 was introduced.

I'm sure it was the same back then. I deposited a cheque last Monday in TSB and it showed up as cleared funds on the Tuesday, but of course can still be reversed until it's 'formally' cleared 6 working days later. Some other banks clear it upto 4 days later.

Macca83_2

Some cheques will clear straight away, some will clear overnight, some take 4 working days but you cannot guarantee a cheque until the sixth working day. You can withdraw it when the funds are available but, if its returned unpaid, you're gonna be liable for that sucker.

My only suggestion is to initiate a payment plan with Lloyds - unless you can go after the person that gave you the cheque.

imoneyop

marlewuk wrote: »

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.

Before 246, funds could be reclaimed at anytime once the cheque was determined to be fraudulent.

I'm surprised that the OP was allowed to withdraw the funds the next day though, unless they had sufficient other funds in the account for the withdrawal.

jonesMUFCforever

JuicyJesus wrote: »

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.

Not quite.
Whilst the decision of the ombudsman binds the bank the customer can choose to take it to court if they want to.
Of course they would need to pay their own costs and I'm pretty sure the bank would remind the court of the FO decision so I really don't think OP can go anywhere with this unless he has deep pockets.

bruja

Thank you all very much for your response, looks like a have reached the end with this. incidental This was a cheque from my husband then tenant for back rent which paid off mortgage errors who did a runner and as I said previously Lloyds's cheque paid into my LLoyds account usually clear overnight

Hominu

bruja wrote: »

This was a cheque from my husband then tenant for back rent which paid off mortgage errors who did a runner and as I said previously Lloyds's cheque paid into my LLoyds account usually clear overnight

True, but they can still be cancelled, so it could be cleared by the next day and cancelled the day after (or even later that day)

Best to always apply the 246 rule on any cheque - Don't withdraw from it until 6 full working days have passed.

JuicyJesus

jonesMUFCforever wrote: »

Not quite.
Whilst the decision of the ombudsman binds the bank the customer can choose to take it to court if they want to.
Of course they would need to pay their own costs and I'm pretty sure the bank would remind the court of the FO decision so I really don't think OP can go anywhere with this unless he has deep pockets.

And moreover there needs to be some actual breach of law or contract, and here there is neither. Courts work on law and precedent, the FOS can ignore it and take fairness into account as well. The OP lost even without a strict legal interpretation of the rules, so (IMO) they wouldn't have a hope in hell in court. This is why there are very few circumstances where people will say the court is a viable option after an ombudsman has made a ruling.

Not that Lloyds have any case to answer in the first place, really.