Post dated cheque help please

tracyk

My hubby has just recently started his own business & a local company told him that, while they wouldn't give him credit, a post dated cheque would be OK.
Hubby post dated the cheque to 12th July (boss said this was fine & they wouldn't present it til then) but the firm concerned has gone & banked it :rolleyes:.

Of course, the funds aren't there so we've been charged £32 (Abbey) - then to add insult to injury, it's been presented again!!
Hubby is that mad he's about to have a coronary - does anyone know what our rights are please?

John_in_the_city

I dont think you have much of an option other than to discuss it with the local company and see if you can come to an amicable agreement (perhaps give you a credit in goods or services to offset the bank charges).

Many banks state in their terms and conditions that they will pay a post dated cheque on first presentation if the cheque is otherwise in order, or return it as they choose and without any liability to the account holder.

Good luck.

belfast_child

i had this problem before myself. my bank (nationwide) informed me that it was against the law to write a postdated cheque , something about "promising to pay the bearer on demand" but they did waive the charge as a goodwill gesture. i have had a minor dispute with abbey national in the past, and resolved it by calling 08456006014, which is their complaints team. at the very least get them to waive the charges as a gesture of customer care.

regularsaver1

"Can I post-date a cheque?

Banks set their own policies on post-dated cheques and, in many cases, their account terms and conditions state that customers should not write them. If the recipient of a post-dated cheque attempts to pay it into their account prior to the date shown, it may either be returned unpaid, possibly incurring charges for both parties, or it may be cleared, creating problems for the customer who issued it. It is important to note that post-dated cheques are not covered by the UK Domestic Cheque Guarantee Card Scheme and could be returned unpaid."

From APACS website


http://www.apacs.org.uk/resources_publications/faqs/cheques_11.html

PBA

He should take it up with the boss of the company who accepted the post dated cheque. They agreed not to bank it until 12 July, so they're responsible for the charges and should refund them.

natweststaffmember

You should also ask abbey to refund the unlawful charges regardless of the fact that the cheques were post dated.

anniecave

Banks vary on their policy with this. Our company had a cheque from a customer that we'd banked into a HSBC account. The cheque was returned to us as it was alledgedly post-dated. It wasn't post dated at all. It wasn't even badly written so it could be post dated if you didn't read it carefully!

Obviously someone was having a bad day but they were also obviously checking for the dates on them. We just banked it again and it went through fine.

I would take it up with the company who said they wouldn't bank it but did. They probably banked it by mistake (I've see this happen!).

saxmund

Legally, I believe a post-dated cheque is merely taken as a request to the recipient not to bank it until that date. So it's down to the bank's rules, really, and not a reliable way of getting credit (I'm sure most companies do not have a procedure for storing cheques until some time in the future, so I imagine the most likely thing to happen is an "accidental" immediate presentation of the cheque).