Represented Cheque

[Stopthethieves]

Hi,

 

I gave a cheque to my landlord from my Yorkshire Bank account, I had expected funds in on the Wednesday to my account but the funds turned out to be paid into a different account, I had asked for them to be paid into my Yorkshire.

 

My landlord contacted me informing me that the cheque had been bounced, I then checked my Yorkshire account to find no money then checked the old account and the funds were in there.

 

I then arranged to make a Faster Payment to my landlord to settle the amount and thought no more of it. I have been into the branch to see if they will waive the £35 charge, scandalous... anyway, she said she would wave ONE of the charges.

 

It appeared that they had REPRESENTED the cheque, my landlord certainly hasn't!!!

 

 

What I am asking is, can I fight them on the second charge anyway as I hadn't been informed they intend to represent the cheque. I have looked at the terms and conditions of my account and I see no mention of them representing cheques, I assumed that if it was declined then the the Payee would need to take up the matter with me or re deposit the cheque!!!

 

I'm fuming, ripped my cheque book up and threw over the branch!

 

Any ideas???

 

Thanks in advance

 

Stopthethieves

[marmaris30]

Cheques are either stamped 'refer to drawer' or 'please re-present', depending on your bank's judgement of what has happened.

 

You shouldn't really write cheques on accounts that don't actually contain funds to pay them, but since this was clearly not meant to happen, you could certainly plead your case as a complaint. If you don't complain formally, you'll get nowhere.

[Dotty50]

The unpaid cheque would have been returned to your LL and as marmaris30 states in the above post, the cheques are either RD or please represent so it looks as though your LL put it back through. Why do you say the LL didn't represent it?

[Stopthethieves]

He insists that he hasn't as to do so when I have arranged to pay him otherwise would I am sure constitute fraud/theft as he knew he would no longer be entitled to the money.

 

I am of the belief that the bank can automatically represent the cheque without returning it to their customer.

 

 

mamaris30, I had every belief that the funds would be in there when the cheque was presented, I actually physically paid the cheque in to my landlords account

.

[Dotty50]

Ok so how did he know the cheque had bounced? (online banking possibly showing a debit?)

 

I spent many years dealing with customers payments and unpaid cheques were always returned to us to handle, things may have changed now but that's certainly how it used to work.

 

Have you spoke to your LL to tell him what's happened? Perhaps he can check with his bank to see if they automatically represented it.

 

I wouldn't accuse him of fraud though, human error or misunderstanding is most likely!

[Stopthethieves]

I wouldn't do that, accuse him of fraud. I mean his actions would be considered fraudulent if he informed me about the bounced cheque and I then arranged to pay him by other means but he still subsequently represents it!

 

He said he hadn't represented it, it only physically came back to him yesterday. The bank notified him, may online banking, email or text that the cheque had been bounced.

[Stopthethieves]

Finally ended up paying 1 charge of £35.

 

Yorkshire then proceeded by giving me duff information in adverse data being recorded with CRA's which was factually incorrect.

 

I have now had my files rectified and all my files are 0000000's, which ultimately is more imprtant than the £35, needless to say, Yorkshire Bank have lost my custom.

 

Regards