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Can I stop payment of a cheque??

28 replies

tiredemma · 26/07/2005 14:45

basically booked two hotel rooms last week and sent a cheque as a deposit, have since found out that dp's father has to back overseas urgently and therefore we wont be staying in the hotel.
Have just spoke to bb owner and was told that she will cash cheque anyway!! the money isnt even in the account, and isnt likely to be as the cheque was sent with a letter stating that we would be paying cash on check out. Can i stop the cheque (which is for a £100)?

OP posts:
Easy · 26/07/2005 14:50

Yes, ring your bank NOW and tell them you want to stop payment, they'll ask you to write confirming the instruction (or go into your back and sign the form).

It'll probably cost you £15 tho'

CountessDracula · 26/07/2005 14:51

Surely that was a deposit in case you cancelled? If so it is fair to cancel if you agreed to these terms?

WigWamBam · 26/07/2005 14:52

If it was for a deposit on a booking though, I'm not sure that you're legally entitled to stop the cheque - that's why places ask for deposits, so that they're covered if you cancel.

dermotolearyswifetobe · 26/07/2005 14:53

ask for it to be returned with the answer "payment countermandated" why shouldn't you have it stopped if you can't go you can't go and you are giving plenty of notice. Don't tell me that the b&B owner wouldn't sell the room again if she could.

WigWamBam · 26/07/2005 14:56

She probably can sell the room on, but legally I'm pretty sure she's entitled to keep the deposit if someone changes their mind about a booking.

Easy · 26/07/2005 14:59

If you have given her plenty of notice of the cancellation, then you are entitled to your deposit back. ONLY if it was made clear that the deposit was non-returnable should she present the cheque. Was she rude about it?

If you stop the cheque and she presents it anyway her bank will charge her £15 too.

tiredemma · 26/07/2005 15:07

easy, yes a bit, she never mentioned in our initial conversation that the cheque would be non-returnable. When i spoke to her just she said " oh for the 30th? well if you want to cancel then your cheque will be non-returnable as its so close to the date- can you ring me later as im out at the moment."

OP posts:
tiffini · 26/07/2005 15:13

How much notice does a B&B need FGS, I used to work in a large Hotel and only 24hrs notice was needed for a cancelation, with no fees.

northerner · 26/07/2005 15:18

Yes - I'd just go ahead and stop the cheque with your bank.

Did the B&B send you any terms and conditions at all?

SaintGeorge · 26/07/2005 15:18

A big hotel can afford to take losses tiffini - a B & B probably can't.

northerner · 26/07/2005 15:19

BTW you can only stop a cheque if you haven't put your guarantee card number on teh back.

tiredemma · 26/07/2005 15:25

northerner, no T&C's were sent out she just took my name and address.

OP posts:
Easy · 26/07/2005 15:26

But for the 30th .... You have given her nearly a weeks notice !!!

She is running a business, has to take the rough with the smooth. If you had cancelled less than 24 hours before, then yes, forgo yourr deposit, but I think this is plenty of notice.

Easy · 26/07/2005 15:27

Honestly, just stop the cheque.

I would.

Cam · 26/07/2005 15:31

Standard terms and conditions will usually apply and it is usual to send a non-refundable deposit at the time of requesting the booking.

Cam · 26/07/2005 15:32

A week's notice is nothing.

Easy · 26/07/2005 15:33

What 'standard' terms and conditions? I wouldn't consider it usual to send a non-refundable deposit of £100.

Easy · 26/07/2005 15:34

Cam, are you the landlady concerned?

WigWamBam · 26/07/2005 15:35

I would, Easy, particularly as this is a B&B, not a big chain of hotels. That's what deposits are for - to ensure that you honour your booking.

Tiredemma, can you contact someone like the Citizen's Advice Bureau for advice on this?

Cam · 26/07/2005 15:41

No Easy I'm not but I do own a holiday let.

CountessDracula · 26/07/2005 16:54

I agree if you cancel and you have paid a deposit you should expect to lose it. I have a number of times.

Loobie · 26/07/2005 20:07

Im sorry but atthe end of the day its £100 which you will be down and as you say at this time of the year theres a very strong chance that she will re-let the room.I cancelled a cheque once very easily,phone the bank give them the cheque number,who it was written out to and for how much i paid £7.50 and they stopped the cheque.Worth the £7.50 considering the cheque for for over £70.

CountessDracula · 26/07/2005 20:16

Or £100 which she will be down

CountessDracula · 26/07/2005 20:20

What if she has already turned down bookings for the time that you were booked?

SenoraPostrophe · 26/07/2005 20:20

I would expect to lose the deposit too. A week's notice is very little.