Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder kathb00 Novitiate

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    Question post dated cheque

    i sent two cheques to cover a bill one was dated the 2nd january and the other was post dated the 9th january but i have checked my bank account this morning and both cheques have already been cashed. I always thiought a cheque cant be cashed before the date of issue.

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  2. #2
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    Default Re: post dated cheque

    the fact that it is now February may have made it alot easier to cash a cheque dated for January


  3. #3
    NATTIE
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    Default Re: post dated cheque

    if it was february, then 2 points. it is illegal to postdate a cheque although a lot of people do and the banks reserve the right to cash a postdated cheque unless of course it was January as blacksheep has stated


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    Default Re: post dated cheque

    Are you sure its illegal to post date a cheque? A pd cheque is an acknowledgment that the payer agrees the debt is due and is therefore good thing to accept in payment, rather than just a promise to issue a cheque later. I issued a pd cheque once and subsequently stopped it as matters changed. In court I lost trying to argue why I stopped the cheque. The why was irrelevant, simply you cannot stop a post dated cheque.


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    Default Re: post dated cheque

    Quote Originally Posted by haydn View Post
    Are you sure its illegal to post date a cheque? A pd cheque is an acknowledgment that the payer agrees the debt is due and is therefore good thing to accept in payment, rather than just a promise to issue a cheque later. I issued a pd cheque once and subsequently stopped it as matters changed. In court I lost trying to argue why I stopped the cheque. The why was irrelevant, simply you cannot stop a post dated cheque.
    issuing of post dated cheque is not admission of debt.

    However in banking terms there is no such thing as post dated since banks do not like customers issuing them. Years ago there were Bills of Exchange which was like issuing a post dated cheque and could not to banked before the due date, must admit haven't come across this lately


  6. #6
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    Default Re: post dated cheque

    Quote Originally Posted by humbleman View Post
    issuing of post dated cheque is not admission of debt.
    I'm not sure the courts would agree with you on that one humbleman....

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    Default Re: post dated cheque

    Quote Originally Posted by MrShed View Post
    I'm not sure the courts would agree with you on that one humbleman....
    I am actually quoting a judge going back 15 years. In a county courticon case.


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    Default Re: post dated cheque

    On what basis does he say this? In what way can a cheque show anything but an intention to pay, and hence an admission of debt?

    BTW, I'm not arguing HM, just debating I am curious, as if you are right, it goes against all my experiences in court!

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    Default Re: post dated cheque

    Quote Originally Posted by MrShed View Post
    On what basis does he say this? In what way can a cheque show anything but an intention to pay, and hence an admission of debt?

    BTW, I'm not arguing HM, just debating I am curious, as if you are right, it goes against all my experiences in court!
    In the 90s it was quite common that you would issue suppliers a post dated cheque when you exceeded your credit limit, so the supplier would deliver goods the buyer would issue the supplier a P.D. cheque. On one such occassion this happened and the cheque was subsequently stopped, since there was a large rebate given to this supplier by the manufacturer to be paid to the buyer. The buyer knew that there was a large rebate coming but the supplier did not credit the buyers account hoping he can buy a few months before the buyer became aware of this. The buyer found this out and stopped the payment. The supplier takes the buyer to the court and the buyer argues that the supplier did not properly credit his account, the supplier argued that the buyer had been properly credited and since the buyer had issued the supplier a PD cheque this is an admission by the buyer that the monies are owed. The judge pointed out that giving a P.D. cheque is not considered an admission of debt.

    But dont mistake the above with acquiring with intent to deceive. i.e. if you pay for a product in a shop and then stop a payment, that would be deception.


  10. #10
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    Default Re: post dated cheque

    Good info HM, thanks. But, did the judge not say WHY it is not considered an admission of debt? And out of interesticon, is this considered the case with any cheque, or just PD cheques?

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    Default Re: post dated cheque

    I do not see why issuing a cheque - postdated or otherwise - would be considered an admission of debt. Paying in cash does not constitute such an admission...





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    Default Re: post dated cheque

    I was always under the impression that there was (technically)no such thing as a post dated cheque.

    I seem to recall in the past that the Inland Revenue were/are famous for banking post dated cheques upon receipt.

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    Default Re: post dated cheque

    Bear in mind that cases in the County Courts do not set legal precedent, and I've seen some odd decisions made by county courticon judges in the past! It can't be taken as gospel.

    I'm no expert on banking matters but I also did not believe that dates in the future prevented a cheque from being cashed.

    Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
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  14. #14
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    Default Re: post dated cheque

    I happen to know that MY bank largely ignore the date on the cheque unless it is "unreasonably distant" from the date of presentation. i.e. if I attempted to bank a cheque which was dated 19th January 2024 or 19th January 1966, the bank would probably reject it! However if they decide to present the cheque regardless of the date written on it, then it will be presented and if guaranteed it will be paid upon presentation.

    If you wish a debt or bill to be paid later, then issue the cheque later.
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  15. #15
    Basic Account Holder gold hammered Novitiate

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    Default Re: post dated cheque

    I always thought a cheque cant be cashed before the date of issue as well, but the bank told me that post dated cheques are illegal, I asked the bank when the same thing happened to me a few weeks ago.


  16. #16
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    Default Re: post dated cheque

    Quote Originally Posted by gold hammered View Post
    I always thought a cheque cant be cashed before the date of issue as well, but the bank told me that post dated cheques are illegal, I asked the bank when the same thing happened to me a few weeks ago.
    Then your bank are misinformed. It has never been a criminal offence to put a future date on a cheque, nor will it ever be. It is however an unlawful document which the banks could at their own discretion reject.


  17. #17
    Basic Account Holder mfpa Novitiate mfpa's Avatar

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    Default Re: post dated cheque

    I'm sure the booklet that came from National Girobank when I opened my first cheque account said cheques were valid only from the date on them for a period of six months. They cautioned that postdated or expired cheques would not be honoured and that in the case of postdated, they would charge for bouncing them.

    There was also some contradictory rubbish about postdating and using a guarantee card - postdating invalidated the guarantee. But the T&Cs of the guarantee card said that cheques bearing the card number may be honoured even if there are "technical irregularities" and one example they gave was the date.



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    MBNA (three credit cards)
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    firstdirect (a current account, two mortgage accounts, old loans, old credit card)
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    Royal Mail
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    I counterclaimed and won. They paid in full.


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  18. #18
    Basic Account Holder Pliny the Penuriosus Novitiate

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    Default Re: post dated cheque

    Issuing a post dated is an offence only if it is intended to defraud another otherwise it's ok.

    However most banks just ignore post dated cheques & honour them upon presentation but if they do & you become overdrawnas a result thereby incurring penalty charges you have an argument for a refund

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  19. #19
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    Default Re: post dated cheque

    Something similar just happened to me.

    Moving house and gave the new landlord a cheque for 1300 that was dated for the 25th of April. He put it through this week and it has taken me way over my overdrafticon.

    Called the Abbeyicon as I though they were not supposed to put it through till the date on it – yet they say they don’t recognize post dated cheques.

    Yet another bank charge coming my way because someone I gave a cheque to didn’t follow my simple instructuions.


  20. #20
    Basic Account Holder whitenat Novitiate

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    Default Re: post dated cheque

    I have had the same problem with pd chqs.

    I have given them out only to fine thant they have been cashed even though the date was in the future, then i would get charged by my bank for cashing them only to be told there is no longer such thing as a pd chq, this also happened to a friend.

    So i stopped doing it.



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