Q: Post-dated cheques will not usually be honoured by a bank, but is it illegal to issue a post-dated cheque? Free Practical Law trial. To access this resource, sign up for a free, day trial of Practical Law. England; Wales.
Table of contents
- 'My postdated cheque ignored' - Telegraph
- Your Answer
- Is it illegal to issue a post-dated cheque?
- 'My postdated cheque ignored'
Thread Tools Show Printable Version. I always thiought a cheque cant be cashed before the date of issue. Welcome to the Consumer Forums Replies: Halifax Bank and Bank of Scotland Replies: A pd cheque is an acknowledgment that the payer agrees the debt is due and is therefore good thing to accept in payment, rather than just a promise to issue a cheque later. I issued a pd cheque once and subsequently stopped it as matters changed. In court I lost trying to argue why I stopped the cheque.
'My postdated cheque ignored' - Telegraph
The why was irrelevant, simply you cannot stop a post dated cheque. Originally Posted by haydn. Are you sure its illegal to post date a cheque? Originally Posted by humbleman. Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual.
If in doubt, consult with a solicitor or other person of equal legal standing. Please click the star if I have helped!! Originally Posted by MrShed. In what way can a cheque show anything but an intention to pay, and hence an admission of debt? BTW, I'm not arguing HM, just debating I am curious, as if you are right, it goes against all my experiences in court! On what basis does he say this? But, did the judge not say WHY it is not considered an admission of debt?
And out of interest, is this considered the case with any cheque, or just PD cheques? Paying in cash does not constitute such an admission Halifax current accounts, credit card, old mortgage, secured loan thread here MBNA three credit cards thread here firstdirect a current account, two mortgage accounts, old loans, old credit card they've sold my current account.
Royal Mail Claim issued by former employer Royal Mail , thread here. I counterclaimed and won.
Your Answer
They paid in full. You MUST respond to it.
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Do not ignore it. You must keep to the County Court deadlines.
Is it illegal to issue a post-dated cheque?
You can help in detecting post-dated cheques that are cashed early. Try to regularly review your transactions through online, mobile or telephone banking or at an ABM. If a post-dated cheque you wrote is mistakenly processed before its date, you should contact your bank to let them know.
The cheque can be returned and the amount credited back to your account up to the day before the date written on the cheque. Some banks allow cheques to be cashed by someone other than the person named on the front of the cheque if it is counter-signed.
For example, if John Smith writes a cheque to Jane Doe, she can endorse the cheque on the back and give it to you in payment of a debt. You can then endorse the back of the cheque and deposit it into your account. This is called counter-signing a cheque. Check with your financial institution to find out if they accept counter-signed cheques and if they have any specific requirements that apply. However, putting a stop payment on a cheque does not guarantee that the funds will not be withdrawn from your account.
'My postdated cheque ignored'
For a stop payment to work, your request must be made and processed before the cheque is cashed. In addition, occasionally, a cheque with a stop payment may still be cashed if incomplete or incorrect information is given to your bank regarding the amount or date of the cheque, or the name of the person to whom the cheque was written. To get the money back, you will have to contact the person or organization to whom you wrote the cheque. Sometimes criminals will create counterfeit cheques or change the name or amount on a legitimate cheque. There are a number of steps that you can take to protect yourself from cheque fraud.
You may have heard recently about a new way to deposit your cheques. Mobile, or remote, cheque deposit allows you to take a picture of your personal cheque, business cheque or money order depending on the bank and deposit it electronically using your mobile device.