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

Generali

1. You have a debt to a person
2. You write a cheque and give it to that person
3. That person cashes the cheque and has had the debt satisfied

No problem that I can see.

Banks don't look at the details on a cheque below a certain value (£200 when I worked for a retail bank but that was some time ago and a policy decision for that bank). If you want cheap/free banking you have to accept that they need to control costs by doing stuff like that. As it is banks lose money from offering current accounts.

henm2

dani2015 wrote: »

My bank doesn't seem to be helping on this matter which I believe they should be held responsible for it because I am not satisfied with how the payment has been processed.

Is there anything I can do to have a refund?

Under the Cheques Act 1992 the responsibility for paying the cheque into the right account falls on the collecting bank, the one the cheque was paid into not your bank as the 'drawee' or paying bank.

Also it would appear that the correct intended payee has been credited so there has been no 'conversion' of the cheque and therefore again you have no right for a refund from your bank in respect of the paid cheque. It has been paid correctly.

suicidebob

dani2015 wrote: »

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.

Get some professional advice. You don't even know what a crossed cheque is.

'done the processing'

Indeed.

TartanSaver

Let's be honest. The OP has paid a parking fine, by cheque which has reached the correct account. They are now demanding the money back from the bank on a (wrong) technicality. This can only be in the hope that they can get away with satisfying the council and not actually paying; or to be as awkward as possible and cause a big delay. Your bank is not liable for your parking fines. Park legally next time!

le_loup

Let's be realistic. The OP posted late on a Friday evening. I don't know what time his pub threw him out, but it was probably at 10:30.

shortcrust

Sounds to me as though the OP thought they had a very clever plan that wasn't so very clever after all.

jonesMUFCforever

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)

Which bank are you with?
Most cheque books come with the crossing already on them as default.
You are chasing the wrong people here - you wrote out a cheque - your bank paid it as it seemed you had adequate funds and no stop was placed on it before it was presented.
If it was anybody in the wrong it is the parking company - but unless they claim that their ''invoice'' has not been paid - no fraud has occurred so please just move on - you are making a fool of yourself.

joe134

dani2015 wrote: »

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.

dani, apparently, there' a village idiot missing, please go home.

mgdavid

jonesMUFCforever wrote: »

Which bank are you with?
Most cheque books come with the crossing already on them as default.
.........

see post 18, the OP admits it was a crossed cheque all the time.

jonesMUFCforever wrote: »

..... - no fraud has occurred so please just move on - you are making a fool of yourself.

Agreed