post dated cheque paid before date due to banking error?

Question

I gave someone a post-dated cheque which was dated 2/2/07 and have just been to my bank to request them to stop it and was told that it had already been cashed on 17/1/07!!

Is the right? I thought a post dated cheque could not be banked until the date written on the cheque. I have now lost over £300 because of a banking error.

Is there any way I can get the bank to pay my money back?

Answer 1

I am sorry to say that :

If you read your terms and conditions you will probably find that when you accepted banking services you agreed that you would not under any circumstances issue post dated cheques.

You would also have agreed to not issue cheques unless sufficient funds were available in your account to cover the cheque. (You can not be sure of this if you issue a post dated cheque as you can not look into the future)

Whilst most Banks have a policy NOT to accept post dated cheques being paid in, the owness is on the account holder, if a post dated cheque is processed.

The cheque should never have been issued and therefore the Bank are not at fault.

If you have a good account with the Bank, you should call in to speak to the manager or write a detailed letter explaining the circumstances and see if they are prepared to come to any compromise as a gesture of goodwill.

Answer 2

I have found myself in this position before - many years ago. If I remember rightly they rested on the fact that I should only issue a cheque if I had the funds for it to be cleared. The post-dated issue was between me and the person I had made the cheque out to not between me and the bank.
Notwithstanding that, times and attitudes change. It is worthwhile taking it up with the bank and appealing to their sense of fairness, they may respond positively for goodwills sake.
I would also take it up with the person who cashed the ceque. Did you cover off postdating the cheque with them (preferably in writing?). If you did, and they have agreed to cash the cheque on or after 2/2/07 then you should be able to reclaim your losses from them if you cannot get them from the bank.
Good luck, I hope you get it sorted out.

Answer 3

You need to check the terms of your account, i recently found that some banks can cash post dated cheques on the date they are recieved. Therefore this is not a banking error, and as it is in the terms of your account, and the terms of the bank which cashed it i'm afraid that you won't get the money back. Sorry for the bad news.

Answer 4

You need to make a complaint. Go to your bank, they have ways of getting the actual cheque back to see the date on it. It should not have been cashed before the date on the cheque so make enquiries with your bank ASAP.

Answer 5

Your Bank have to keep the cheques that they cash, at least a copy anyway so complain to them and they will be able to check to see the date and if you have suffered any losses because they took your money early you will be able to claim it back from someone, not sure who as its not necessarily your banks fault but from who ever the recipient cashed it with. But speak to your bank and they will be able to help.

Answer 6

I WORK @ A BANK, AND SADLY, I HAVE 2 TELL U-- DONT EXPECT UR MONEY BACK!! TAKE THIS AS A LESSON LEARNED--DONT POSTDATE CHECKS AND TRUST THE PERSON 2 CASH THEM ON THAT DATE....BANKS DONT REALLY EVEN LOOK @ THE DATE 2 HONEST W/ U....SORRY

Answer 7

Not sure about laws in the UK, but in the US postdating a check means nothing. Checks must be good when written.

Sorry.

Answer 8

I don't know where you stand legally. But they shouldn't have cashed it. Go in and complain I'm sure they can come to some sort of arrangement. After all ITS THEIR FAULT.