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Urm why let me go over by erm £4500 ?


Bailiffchaser
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A freind of mine wrote out 40 cheques for £100 each. He gauranteed them with his card and paid them into another account of his. Taking him £4000 over his overdraft limit. The bank today got in touch with him and wanted that he immediately rpay the outstanding amount. He is on isupport and told the bank he could only pay £5 per month. Anyway now the bank have got stroppy with him and have said we will colse the account and issue you with a default notice etc. Also we will pass this onto a dc who will collect longterm. Wher does he stand ?

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Wher does he stand ?

 

Where do you think he stands? He owes £4,000.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Your guess is as good as mine !!!!

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He would also be at risk of a visit from the police, particularly if the account paid into is in his own name.

 

The thread title implies that the bank let him do it, they have no choice but to pay a guaranteed check unless they have good reason to believe it to be fraudulent.

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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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It has been some 4 weeks now. Also the offer to repay @ £5.00 per month. Also this shows how you can easily easily order x amount of cheque books and go on a shopping spree courtesy of the bank due to their cheque gaurantee card. would a court of law see this in a dim way or in a bright way.

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I dont think any laws have been broken. As there is a legal contract in force.Between the bank and the customer.:twisted:

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Is there a point to this thread? It seems to have got lost somewhere...

 

please enlighten us.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Guest Battleaxe

I think your friend knowingly Uttered cheques to the value of £4000.00. this is fraud. regardless of the cheque guarantee, it only guarantees that trader that this person is trustworthy for cheque of that value.

 

Your friend uttered worthless cheques, rewarded himself and that my friend, is illegal.

 

I think Mr Plod might be paying your friend a vist. No, the courts will not see it in a good light. I think your friend might be spending six months as a guest of Her Majesty and having to repay the bank.

 

Bailiffchaser if you are pulling our chain, you should be ashamed of yourself.

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I am not pulling anybodys chain. Thanks i have printed and will pass this on to him in the morning.

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I dont think any laws have been broken. As there is a legal contract in force.Between the bank and the customer.

 

Well i can think of one law that covers this 'Theft by deceit'

 

For an amount as large as £4000 i do believe that the minimum sentence served is 6 months plus all fees paid back (unless you can pay back the total in full plus interest)

 

This site is for genuine issues and not people who try to con the system by issuing 'guaranteed' cheques in the hope of free money!!

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He is on isupport and told the bank he could only pay £5 per month.

 

And he would be paying back for nearly 67 years! That is without intereset being added!

 

What planet does your friend come from?

31/10/06 Lloyds TSB - S.A.R - (Subject Access Request) Sent - Lost by Royal Mail!

24/11/06 2nd S.A.R Sent - Confirmed as Received 25/11/06 10.38am

30/11/06 Statements Received

6/12/06 Preliminary Request Sent

21/12/06 Sod Off Received (With £750 offer!)

22/12/06 LBA Hand Delivered to Branch. Merry Xmas TSB!

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This site is for genuine issues and not people who try to con the system by issuing 'guaranteed' cheques in the hope of free money!!

 

Well said!

 

It's about fighting the banks and getting a fair deal. It's not about trying to con them - people on here are trying to do things to the letter of the law.

31/10/06 Lloyds TSB - S.A.R - (Subject Access Request) Sent - Lost by Royal Mail!

24/11/06 2nd S.A.R Sent - Confirmed as Received 25/11/06 10.38am

30/11/06 Statements Received

6/12/06 Preliminary Request Sent

21/12/06 Sod Off Received (With £750 offer!)

22/12/06 LBA Hand Delivered to Branch. Merry Xmas TSB!

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I think this thread is an excellent example of what this site is NOT about! If a debt is genuinely owed, as it appears it is in this case, then the only option is to pay it back!

 

The replies to this topic justify the excellent reputation this site and its mods/helpers/members have.

RBoS:(£570): *** WON *** £570 settled in full - HERE

Lloyds TSB: ** WON **

Abbey: S.A.R - sent 02/10/06, 14/11/06 statements rec'd & partial offer (30%), declined, LBA sent 26/11/06

Studio Catalogue: S.A.R - sent 02/10/06, Prelim sent 21/11/06, won £94.95 refunded.

Capital 1: S.A.R 02/10/06, off’d diff between £20 and £12, declined 21/11/06

A&L: S.A.R -02/10/06, prelim sent 21/11/06, rejected, LBA sent 26/11/06.

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