Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


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  1. #1

    Default Returned Cheque/Account Closed policy

    I recently received a cheque for 1600 in payment for goods I sold.
    The cheque was issued through RBSicon and paid into my account (First direct).
    It showed on my online statement as cleared funds and available 7 days later. The goods were then released to the buyer.
    11 days after the cheque was paid into my account, I transferred part of the money to a savings account (also with FD).
    The following day, 12 days after the cheque was paid in, I received a lettericon from my bank with the original cheque enclosed, informing me that the cheque had been returned unpaid by the drawers bank. The reason for the return was stamped on the front of the cheque 'ACCOUNT CLOSED'

    I have communicated with RBS for several months now to determine how they can 'release' funds on an account that is closed (there stamp on the actual cheque) and then return the cheque unpaid?
    However the only reply I get states 'customer confidentialityicon' in other words - tough!

    Would it be worthwhile pursuing this matter through the legal channels?

    I have all the original documents and cheque etc.

    I would genuinley appreciate any help i could get.
    Kind Regards

    Similar Threads:

  2. #2

    Default

    I'd definetly pursue it further. If the account was closed, all cheque books should have been retained, and checks done to ensure no cheques were outstanding.

    It's THEIR negligence


  3. #3

    Default

    No it is NOT their negligence. You have a legal claim against the drawer of the cheque. There is also the criminal angle; i.e. the drawer knowingly issued a cheque on a closed account. The most useful thing would be to contact your OWN bank and demand an explanation. Banks shouldn't really be allowing cheques to be returned 12 days after presentation. Your Bank acts as YOUR agent when collecting cheque payments. You should demand re-imbursement from them; and your bank can then use inter-bank agreements to reclaim the funds from RBSicon. Your bank will claim they are entitled to deduct the funds/refer you to T & C's etc; however, it is your bank that is potentially negligent in failing to prevent RBS from claiming funds back 12 days later. As far as I am aware there are inter bank agreements which stipulate that banks should not return cheques after about 10 days. These are inter bank agreements and have no legal force to the consumer, but could be used to demonstrate that your own bank has failed in their duty of care towards you when acting as your agent.


  4. #4

    Smile Re: Returned Cheque/Account Closed policy

    Thanks for the really helpful replies.
    I apologise for the delay in responding, but i have been in hospital.

    Thanks again



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