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Original poster

Can a guaranteed cheque be returned unpaid??

25 replies

cheekymonk · 09/01/2009 18:08

Hi There,
Just wondered if anyone knew really.
AAm currently very overdrawn and have been naughty and written a couple of cheques, knowing full weell money not there to cover them but asumed they would be paid as guaranteed.
Most cheques have been paid but I got one returned unpaid. I may have forgotten to write number on back but bank have sent letter stating it was not paid due to lack of funds. Thisdidn't stop them honouring the others.
They have given me 14 days to destroy cards, cheque books etc so I am wondering if they have placed some sort of barr on the card which voids the guarantee iyswim.
Any ideas??
BTW I know its wrong and irresponsible and do intend repaying the debt. needs must sometimes.

OP posts:
Saggarmakersbottomknocker · 09/01/2009 18:27

If the card number wasn't on the back of the cheque then they don't have to pay it. If it was (and it was within the card limit) then they do. Strictly speaking the card number should be written on by the payee of the cheque not by you. Plus it should be one cheque per transaction so if they think you have written two smaller cheques to one payee in order to get them guaranteed then they can return one of them.

Original poster
cheekymonk · 09/01/2009 18:43

Thanks saggar. Yes I did write the number on the cheque myelf and perhaps that was obvious so thats how they returned it.

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Original poster
cheekymonk · 09/01/2009 19:50

bump

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Original poster
cheekymonk · 09/01/2009 21:04

bump

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TequilaMockinBird · 09/01/2009 21:07

If they are asking you to destroy cards and chequebooks, it sounds like they are closing your account!

You do know that writing cheques whilst knowing that you have insufficient funds to clear them is illegal don't you?

TequilaMockinBird · 09/01/2009 21:08

Sorry, on re-reading that it sounds a bit patronising. It wasn't meant to read like that, I was just pointing out the reason why they may have closed your account (if that is what they have/are doing!)

Original poster
cheekymonk · 09/01/2009 21:35

We are overdrawn a fair bit so they can't close it yet but yes I realise that that is their plan! Yes I do know its illegal too.

OP posts:
TequilaMockinBird · 09/01/2009 21:48

Sorry, I can't answer your question about the returned cheque but bumping again for you

Hope you get it sorted x

KingCanuteIAm · 09/01/2009 21:59

If it had no number they don't have to pay.

If you have written a number of cheques with no funds then they have the right to close the account.

They don't have to wait until you are in credit to close the account, thy can close it and pursue the o/s balance as a debt.

They may not be going to close it though, they could just be making sure you cannot spend anything more until the account is in credit again. If that is the plan it may be worth considering moving at least some of your credits to a new account, otherwise you won't be able to access any money except for any which is in credit IYSWIM.

LoveBeingAMummy · 09/01/2009 22:28

Bascially they have withdrawn your cheque and card as per their right. Any further cheques are very unlikely to be honoured as they have advised you to destroy it.

scrooged · 09/01/2009 22:31

My bank have just bounced one, even though the cheque guarantee number was written on the back. The charge was for more than the cheque!

KingCanuteIAm · 09/01/2009 22:57

Scrooged, I am fairly sure they cannot take you more overdrawn with a charge than you would have been if a cheque was paid IYSWIM.

I would contact them and ask them about it, be a bit innocent and explain that you are not sure it is right so you are going to refer it to the ombudsman for review, unless they can sort it out for you.

scrooged · 09/01/2009 22:59

Haaa. I'm with twatwest. They seem to think they can do how they bloody well please. I had a charge for going £1.78 over my limit last year. Bastards! I tried to get it refunded and they were having none of it.

Lauriefairycake · 09/01/2009 23:01

last year I got charged £90 for going 0.82 pence overdrawn for 40 minutes

scrooged · 09/01/2009 23:02

That's rediculous!

I'm waiting for the courts to sort out the bank charges.

KingCanuteIAm · 09/01/2009 23:04

In that case have you made an appeal for refund of unfair bank charges to the ombudsman?

The letters you need are on money saving expert I think. Loads of people had these sorts of charges refunded and the more people who do it the more likely the bank are to stop making charges like this. I tis wrong and it needs to be stooped

Lauriefairycake · 09/01/2009 23:05

No, they applied a combination of charges all under the £12 limit to get away with it.

solidgoldsoddingjanuaryagain · 09/01/2009 23:08

There seems to be a limit on how many guaranteed (by card) cheques the bank will honour per month. Unfortunately it's not entirely set in stone or predicatable at what point they will get heavy. Though generally they are more likely to get snotty if there are lots of cheques going out and nothing coming in over a period of time.

scrooged · 09/01/2009 23:09

I was waiting for the court ruling. They don't owe me much but I'm getting really pissed off. I've opened another account with another bank and am in the process of changing everything over. I'll go to the CAB so they can arrange for the interest to be frozen then I'll clear the overdraft off. Bit by bit!

I have a loan with them, I've got to write to the ombudsman as it was not executed correctly, I was not told of my right to change my mind, nor was I given any copies of the contract. I had to go in and ask for them three weeks later. I have not recieved a statement to say how much I have paid them over the last 12 months. It all goes against the consumer credit act.

cat64 · 09/01/2009 23:19

This reply has been deleted

Message withdrawn

Original poster
cheekymonk · 10/01/2009 16:56

Yes I have opened another bank account so switched all debits and credits to new one so wages cannot get swallowed up. There a few more cheques to come but most not guaranteed by me. Didn't know there was a limit per month. Irony is they have just sent me another chequebook!

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Original poster
cheekymonk · 10/01/2009 16:56

Thanks everyone for your input x

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Original poster
cheekymonk · 15/01/2009 17:08

Have had another cheque bounced today that I didn't personally guarantee so am puzzled how they can do it!

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Nagapie · 15/01/2009 17:14

I thought looking like George Soros was bad until...

I did it again.

PETER ANDRE!!!

Original poster
cheekymonk · 15/01/2009 19:04

sorry, you've lost me!

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