cheque has been paid to the other than the payee's name

Armorica

Cheque conversion law is applied i.e. when the account name does not match but it is often a risk-based decision.

If the name was completely different, for a high value and a less than amazing customer - then they absolutely would be following it up.

On balance of risk/evidence, local government are probably not seeking to undertake cheque fraud (although some employees might), you wrote a cheque and gave it to the organisation depositing it. They believe that you are (I suspect rightly) trying to drag the bank into your dispute with the council.

And, of course, your bank has no idea what the account title is. Any claim you may have is against the council's bank.

I'm not sure why you believe it's impossible to open an account called Parking Services either.

suicidebob

dani2015 wrote: »

however, the main concern is about how the bank ignores the current legislation

No it's not.

suicidebob

Armorica wrote: »

I'm not sure why you believe it's impossible to open an account called Parking Services either.

OP is cherry picking bits of the law they think apply and choosing to ignore anything which doesn't support their position.

Guess she probably wants compensation for the stress this has caused.

dani2015

its not impossible that the council to own an account called parking services.

But the investigation they done with Natwest Bank (which is the bank for the council mentioned above) showed that the account name is different. But my bank tried to justify the whole issue by saying that the council has a department called Parking Services.


Now this is where I see that they are not strict enough about name mismatch on the cheques.

elsien

You sent a cheque for money you owed and put the wrong name on it.
Despite this, the money ended up in the right place and your debt is cleared.
However you want them to refund the money, so you can then resend it in the correct name where it will end up in exactly the same place it's in now.

Do you not think life's a bit short for this faffing around?

mgdavid

dani2015 wrote: »

BMN, you are referring to crossed cheques.

My cheque was not crossed. and the law about them is different from non crossed cheques (open cheques)

1. do you wish to revise the underlined bit so it makes some sense?
2. Why did you not mention the use of an uncrossed cheque in post 1?
3. How did you get hold of an uncrossed cheque?

dani2015

mgdavid wrote: »

1. do you wish to revise the underlined bit so it makes some sense?
2. Why did you not mention the use of an uncrossed cheque in post 1?
3. How did you get hold of an uncrossed cheque?

i had a look at my chequebook and noted that it is crossed but it is in the middle. Not as what i thought (I thought it should be on the top left corner) as some definitions on the net state about the parallel line locations.

so it is indeed a crossed cheque:D

dani2015

elsien wrote: »

You sent a cheque for money you owed and put the wrong name on it.
Despite this, the money ended up in the right place and your debt is cleared.
However you want them to refund the money, so you can then resend it in the correct name where it will end up in exactly the same place it's in now.

Do you not think life's a bit short for this faffing around?

life is very short :rotfl:

Armorica

"they done" ?

Your other problem is that you've not actually suffered any loss. You owed a debt, you paid it off.

See http://www.financial-ombudsman.org.uk/publications/technical_notes/disputed-transactions.htm under the cheques section

Why would the crossing be in the top left? Google is a dangerous tool if you can't analyse and understand information that you find. Looking at how cheques are crossed in India isn't of great use for how cheques are typically printed as crossed in the UK.

dani2015

to the council no loss - because i paid the debt off

but i am still not convinced or clear that the bank has done the processing of the cheque as they should.