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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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Bankers Draft Conundrum


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What is a bankers draft and why would you pay for one?

 

I had a Natwest Bankers draft today (a win from my case against them) so for fun went into natwest to pay it into my account and asked how long it would take to clear as it was the same bank and a bankers draft... the answer? 5 working days.

 

So exactly why would you pay £21 or so for a bankers draft?

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A personal cheque is a cheque drawn on a personal account. A bank draft is a cheque

drawn on the bank's account. To get one, you have to give them cleared funds first. Ie if you want a cheque from them for £1000, you must give them £1000-plus

their charge- I must say that £21 is a bit excessive- sure it's not £12?

So the cheque is virtually guaranteed not to bounce, unlike a personal cheque where you take pot luck. The banks say they are as good as cash. They are not.

They can be stopped just like a personal cheque-though you usually need a good reason. You have lost the draft, or you have a serious dispute with the person you gave the cheque to, for example. Drafts can also be forged and I know of instances where blank drafts have been stolen from a branch and then filled in for large amounts by the thief.

Why use them? Safety for one thing. Drafts are usually for fairly large amounts

[buying a car as an example]. If you get mugged with cash on you, you lose your cash:with a draft all you do is stop the cheque and get a replacement. Also much

easier to send it through the post than cash where the recipient will not accept a

personal cheque. It's a shame that just about the only bank that has a cheque

guarantee card for £1000 is the United bank of Kuwait.

 

Also if you accept a draft from someone, once you have exchanged your goods for it, do not let that person have access to the draft. There have been instances

where once they have your goods, they snatch the draft and tear it up then

claim they lost it and get their money back from the bank.

 

PS the reason that it takes 5 days to clear is that as it is still a cheque, it has to go through the same process as a

personal cheque [the bank clearing system]for it to be paid.

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ok, i apologise for posting again, but here goes.

 

at the halifax where i work, and deal with drafts all the time.

 

we can stop them, but only on reciept of written authourity from the payee on the draft, that is the only way we can do it, and get the customer to sign to accept that is the only way it will be stopped.

 

we can pay a halifax draft into a halifax account as cleared funds, slighty different procedures if it is the drawing branch, or another one, but end result is the funds available straight away.

 

hope that helps in any way.

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You are welcome to post whenever you want Howard.

I am surprised in a way that the Halifax treats drafts drawn on themselves as cleared funds straight away. After all the draft itself will not be cleared for payment

until 3 days later when it arrives at Head Office. There it will be checked for

authenticity and that it has not been stopped, nor any other reason for non-payment.

Compared to Nat West, the Halifax is comparatively new to having received banking status and so may not have been heavily stung by adopting this practice commendable though it may be. It remains to be seen if they will be forced to change in the future, but they do run a risk as it stands.

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Someone I know was scammed via a fake bankers draft. (classic nigerian [problem], they sent a bankers draft for larger than the sale amount, then asked my friend to send them the balance minus an amount for her trouble - my friend assumed that as the bankers draft had cleared into her account it was fine and the money was safe) The bank accepted it when it was paid in, cleared it and my friend sent the money. A few days later my friend happened to mention it to me, I realised what was going on and told her to phone the bank immediately. They said 'yes there are scams like this, we'll look into it'. 2 weeks later my friend received a letter informing them that it was fake. It wasn't even a very good fake (my friend realised when she saw it again how bad it was, but she assumed as the bank accepted it that they must have checked it and it was fine)

 

Result - the bank took the money back with no liability to themselves whatsover. The police did sod all.

 

I certainly wouldn't accept a bankers draft for large amounts such as a car. The rules about clearing must have changed, as then (last year) the bank had an obligation to make the funds available within 48hrs, what they don't tell you and what very few people seem to be aware of is that it can bounce and they will take the money back 2 weeks later.

 

I know my friend went to the FSA and CA, but never got a penny back. I think the amount was around £900.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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You are welcome to post whenever you want Howard.

I am surprised in a way that the Halifax treats drafts drawn on themselves as cleared funds straight away. After all the draft itself will not be cleared for payment

until 3 days later when it arrives at Head Office. There it will be checked for

authenticity and that it has not been stopped, nor any other reason for non-payment.

Compared to Nat West, the Halifax is comparatively new to having received banking status and so may not have been heavily stung by adopting this practice commendable though it may be. It remains to be seen if they will be forced to change in the future, but they do run a risk as it stands.

we do quite a few checks when it is presented, even when it is at the dsame branch it is drawn, anything doesn't add up, it goes straight into the normal clearing system, and an investigation is started at the same time.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

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