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Can you find out who cashed a cheque?


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My 86 year old aunt still pays her council tax in full by cheque every year.

 

 

Her cheque stubs show a cheque written for exactly the right amount and there is a corresponding debit entry on her bank statement on 4th April.

 

 

She's now however being threatened by the council who claim she hasn't paid.

 

 

The payee wasn't filled in on the cheque stub

 

 

I've only looked at the date and amount and admittedly made an assumption that such a very individual figure was in fact her council tax.

 

Do banks still keep cleared cheques?

 

 

Can we ask for it back to check it was what we think it was?

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simply phone her bank and ask

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sounds simple I know but I'm 150 miles away and waiting on an LPA being registered so I can deal with these things officially.

 

 

Currently I've no legal standing though she sends everything she gets straight onto me now as it is getting too much for her.

 

 

I've tried getting her to ring her bank from her landline while she and I are in contact on mobiles but it hasn't proved satisfactory.

 

 

All I've been trying to find is the process so I can draft a letter,

send it to her to sign and send onto the bank.

 

 

She'd then send any reply back to me or at least let me know what it says.

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well you can do it via an sar

but that's 40days+ away

 

in the meantime the council could well get a liability order

and send in the bailiffs.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That's why I'm trying to sort it out now - before it gets to that point.

 

 

I've had no reason until now to suppose there might be a problem,

council tax being one of the things I checked was paid (well it seemed to be).

 

 

Now out of the blue there's a demand for payment.

I tried the same three way process with phoning the council and got absolutely nowhere.

 

 

The council employee wouldn't budge from wanting to know if the cheque was crossed

- hence me now wondering where the guts of a thousand pounds has gone.

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what strike me here is...

this bill would have been sent out in april..

 

 

why has it taken them 6mts to suddenly findout and demand payment?

 

 

if her council is anything like mine

2 weeks is more likely the timescale!!

 

 

something is not sitting right here.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what strike me here is...

this bill would have been sent out in april..

 

 

Yes and a cheque for exactly the amount of one year's council tax was cleared through her bank account in early April,

is showing on her statement and it all seemed in order.

 

 

The only thing missing was the name of the payee on the cheque stub

but as everything else tallied there was no reason to suppose anything wrong.

 

 

Now she has received another demand for payment.

The council are not being helpful,

it seemed the minute she said paid by cheque they didn't want to have any sort of sensible conversation.

The only option now is to go through the bank to find out what's gone on - if we can hence my original question.

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but you've sent the council a statement copy and the cheque number already I hope?

 

 

something very strange here.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not yet, tried to give them the info over the phone and they aren't interested. This has all happened this week and it takes a couple of days for things to reach me. Aunt gets stuff in the mail, she phones me and reads out what it is, if it isn't obviously junk she sends it on down to me. Frankly she sends plenty of junk mail too but we work on better safe than sorry.

 

It's only about a month ago I went up to see her, put the LPA in progress at her request and checked all her paperwork to then. To that point her record keeping was immaculate though it was all starting to worry her a bit which is why she asked for my involvement. I have no reason to suppose she made any error.

 

The only two options I can envisage is that the council have made an error or somebody has been clever enough to persuade her to write a cheque for exactly the amount of her council tax, maybe telling her to leave the payee blank.

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can she not post them too the council or go into the council offices herself with them?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can she not post them too the council or go into the council offices herself with them?
Not really - she is very old, increasingly frail and doesn't understand a 'computer says no' attitude. That's why she asked me to become her attorney. She's far from gaga but she can be easily fobbed of with modern terminology. I would just have liked to know for sure where the money has gone before taking on the council. If I can find out from the bank that it definitely was paid to council it all becomes much easier. If it wasn't then we need to know where it's gone.

 

Has she received a summons ?..
No, it's just a demand for payment. Looks not unlike a normal council tax bill.
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I meant, has she received a court summons ?..

 

No, it's just a demand for payment. Looks not unlike a normal council tax bill.

 

Ok, I would do the following, confirm in writing the cheque number and that it was cashed and requesting confirmation in writing that this is the case..

 

Does the council recognise your written authority..

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No because we hadn't had reason, nor any thought there would be reason yet to need it.

I am only two days into this problem and weeks off the point where the LPA will be registered if the OPG website timings are accurate.

 

That's why we tried phoning the council with me n a mobile to my aunt at the same time.

 

We couldn't even get a straight answer

- once she mentioned the word cheque it became a surreal conversation about crossed cheques.

 

Ok, I would do the following, confirm in writing the cheque number and that it was cashed and requesting confirmation in writing that this is the case

 

This to the council?

If they say no can we find out anything from the bank?

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I would send the letter to the council (photocopy letter) or if you can send an email (even better). Personally I would stay off the phone..

 

They can't say no to your request as it's a legitimate request for them to confirm something and they are public servants..

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All my cheques have "A/C Payee" written across them by default. This is printed on each one by my issuing bank. It may be worthwhile checking your aunt's cheques for the same wording. If so, you can go back to the council and say "Yes, the cheque was crossed" and see what they have to say.

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Write a letter to the bank, photocopy it, take into bank if you can, get them to stamp or a receipt to confirm that and in that letter request that they confirm in writing that the cheque has been cashed and ask them to confirm by who, again I would stay off the phone..

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Thank you - it does seem more sensible to check this through the bank if I can. If I can get that information it's a definitive answer and we can move forward. Going round in circles with the council could take forever and in the meantime they could initiate legal action.

 

They can't say no to your request as it's a legitimate request for them to confirm something and they are public servants..

I meant if they say no they can't confirm it. That will be their answer if it's their error and I'd still be no further forward.

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My point would be that with the evidence you have got, it is reasonable to assume that as the cheque was cashed it would be again reasonable to also assume that the local authority has cashed it. Were any other details written on the back of the cheque ?..

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Well I thought it was a reasonable assumption too when I got all her paperwork etc. a month ago. I've had a thought overnight and will try live chat with the bank online today - nothing to lose as I can still get a letter in the post if necessary.

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