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Cheque Return Charge

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  • 06-04-2009 3:32pm
    #1
    Closed Accounts Posts: 390 ✭✭


    I recently paid someone by cheque for work being done on my house. I handed over a cheque last week but dated it today because I knew I wouldn't get to the bank to lodge the money to meet the cheque till friday.

    Anyway I won't name the bank but this particular bank in Ireland were presented the cheque last thursday and proceeded to process it. They rang me to ask about it, to which I explained look at the date on the cheque! I now look at my statement and realise I have been charged €12.70 for a cheque return fee!!! Are they allowed to do this??? I tried to ring them and have left two messages with my local branch to ring me back.

    Is it fair that I have to pay this through no fault of my own???


Comments

  • Registered Users Posts: 1,909 ✭✭✭greenman09


    You could have posted the chq in. Or had someone else take it for you. When u look at it it is your fault as it was you who post dated the cheque. They mite refund you as a gesture of goodwill but i wouldnt count on it.


  • Closed Accounts Posts: 390 ✭✭MB74


    I hardly see it as my fault for post dating the cheque, now come on!

    The builder made a mistake and lodge all payments together in error, so his mistake.

    People post date cheques every day of the week for different reasons, this would be crazy if there was a charge for everyone of them presented early. The process of post dating a cheque would be discouraged by the consciencious bank (but maybe not the profitable ones;))


  • Administrators, Business & Finance Moderators, Society & Culture Moderators Posts: 16,919 Admin ✭✭✭✭✭Toots


    You're not supposed to post date cheques, regardless of what 'everybody else does'. When you hand someone a cheque you should consider it as though you handed them cash. Was it your own branch that processed the cheque or was it another bank/branch?


  • Closed Accounts Posts: 6,123 ✭✭✭stepbar


    MB74 wrote: »
    I hardly see it as my fault for post dating the cheque, now come on!

    The builder made a mistake and lodge all payments together in error, so his mistake.

    People post date cheques every day of the week for different reasons, this would be crazy if there was a charge for everyone of them presented early. The process of post dating a cheque would be discouraged by the consciencious bank (but maybe not the profitable ones;))

    Seriously, why did you bother giving him the chq until you knew you had the money in the a/c? You said you were going to go to the bank anyhow. Would a draft not have done and pop it in the post?

    The bank are well in their rights to return the chq as the date was incorrect. Any they are also well entitled to charge too. It's hardly the banks fault for refusing to put the chq through when the chq itself was not correct.


  • Registered Users Posts: 1,558 ✭✭✭kaiser sauze


    Banks do not recognise post-dated cheques, they just go ahead and process them regardless.

    You were charged because you had not got the money in your account at the time it was presented and they are within their rights to do this.


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  • Closed Accounts Posts: 390 ✭✭MB74


    stepbar wrote: »
    Seriously, why did you bother giving him the chq until you knew you had the money in the a/c? You said you were going to go to the bank anyhow. Would a draft not have done and pop it in the post?

    The bank are well in their rights to return the chq as the date was incorrect. Any they are also well entitled to charge too. It's hardly the banks fault for refusing to put the chq through when the chq itself was not correct.
    Banks do not recognise post-dated cheques, they just go ahead and process them regardless.

    You were charged because you had not got the money in your account at the time it was presented and they are within their rights to do this.
    Toots85 wrote: »
    You're not supposed to post date cheques, regardless of what 'everybody else does'. When you hand someone a cheque you should consider it as though you handed them cash. Was it your own branch that processed the cheque or was it another bank/branch?

    Wow didn't realise I would get such a bashing, good thing I'm thick skinned. Anyways, I eventually got to speak to my branch and I have been vindicated. The fee has been rebated to my account and an verbal apology offered. The bank only check cheques over a certain value for dates etc, so you can post date a cheque. I know for a fact Revenue in some instances request post dated cheques so the practice can't be wrong seen as Revenue do it!! Techically it is not legal tender till the date is reached, a cheque is a promisory note to pay someone an amount of money, you can make a promise to pay in the future. I'm sure there are all kinds of legal issues but the main one is that it doesn't become legal tender unless all the details are correct i.e. we have reached the date noted on the cheque. My faith in the system is restored.


  • Registered Users Posts: 1,558 ✭✭✭kaiser sauze


    MB74 wrote: »
    Wow didn't realise I would get such a bashing, good thing I'm thick skinned. Anyways, I eventually got to speak to my branch and I have been vindicated. The fee has been rebated to my account and an verbal apology offered. The bank only check cheques over a certain value for dates etc, so you can post date a cheque. I know for a fact Revenue in some instances request post dated cheques so the practice can't be wrong seen as Revenue do it!! Techically it is not legal tender till the date is reached, a cheque is a promisory note to pay someone an amount of money, you can make a promise to pay in the future. I'm sure there are all kinds of legal issues but the main one is that it doesn't become legal tender unless all the details are correct i.e. we have reached the date noted on the cheque. My faith in the system is restored.

    Sometimes we don't always get the feedback we were hoping for.

    If I may clarify my statement a little: banks don't care about post-dated cheques as the automatons who work there only check that there is sufficient funds there to meet an amount.

    I am delighted that you got your money back, but the reality is that the banks want to do away with this practice as it costs them time in processing. Refunding a couple of incorrect fines, to the small minority who complain, is a tiny price to pay for ignoring the instructions clearly placed before them on a cheque.

    As you correctly point out, above a certain amount, more checks are done [signature, date and even, in spot checks, a phone call to the account holder to verify the cheque is legit].

    Revenue will not present the post-dated cheques until they are in date, so that is why there are never cockups with those ones.


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