Re: can they do this

Get expert opinion. This is the place for new questions to be posted.
13 posts Page 1 of 1
 
 

fudgelover

User avatar
Posts: 20
Joined: Wed Aug 06, 2008 6:28 pm
Location:

Post by fudgelover » Thu Sep 25, 2008 6:15 pm
Can anyone answer this?? I needed to have a payment holiday from my DMP ( doing my own and first time not sent payment in 31 months) but to show that it was for this month only I sent post dated cheques to all my creditors for Octobers payment. I ahve just checked my bank account and two of those cheques have gone through today - how can that happen?? Surely a bank doesn't accept a cheque that is post dated? [?]
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Thu Sep 25, 2008 6:23 pm
Hi - I'm not 100% but I thought it was illegal to post date cheques?
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Thu Sep 25, 2008 6:27 pm
Don't know if this helps: found on website.

If you write a check with a date in the future, so that the check cannot be cashed until the date on the check, then you have written a postdated check. Unlike a normal check, a postdated check is not necessarily payable on demand. Because they are not payable on demand, most states refuse to cover postdated checks under bad check laws.

Is My Bank Allowed to Cash a Check with a Date in the Future?
Generally, a bank may cash your check when they receive it, even if your check is paid before the date you wrote on the check. However, in some circumstances if you give the bank reasonable notice, they will be prevented from cashing it until the date on the check.
 
 

fudgelover

User avatar
Posts: 20
Joined: Wed Aug 06, 2008 6:28 pm
Location:

Post by fudgelover » Thu Sep 25, 2008 8:00 pm
Soooo now that two of my post dated cheques have gone through what can I do to stop the rest????
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Thu Sep 25, 2008 8:51 pm
You could contact your bank, explain the situation and ask them not to allow the cheques go through. Don't know if they will, because some banks don't let you post date, you break their agreement.
Worth a try - but wait and see if an expert can post some better advice for you. x
 
 

fudgelover

User avatar
Posts: 20
Joined: Wed Aug 06, 2008 6:28 pm
Location:

Post by fudgelover » Thu Sep 25, 2008 8:58 pm
Thanks for that swans girl - hope an expert is available to advise me soon as obviously need to act pretty quickly

fudgelover x[:(]
 
 

LoneRanger

User avatar
Posts: 894
Joined: Fri Jun 20, 2008 6:00 pm
Location: United Kingdom

Post by LoneRanger » Thu Sep 25, 2008 9:42 pm
Hi

To be honest when a cheque is presented for payment, banks dont always check dates, they have told me this.

If you want your bank to not pay your cheques then they will cancel them but for a fee per cheque.
Steve.

IVA approved!
 
 

plasticdaft

User avatar
Forum Expert
Posts: 9562
Joined: Wed May 21, 2008 12:45 pm
Location: United Kingdom

Post by plasticdaft » Thu Sep 25, 2008 10:40 pm
I always thought it wasnt really allowed,or advised because of this very reason. Not sure theres much you can do other than hope the others dont cash their cheques!!!
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

fudgelover

User avatar
Posts: 20
Joined: Wed Aug 06, 2008 6:28 pm
Location:

Post by fudgelover » Sun Sep 28, 2008 3:29 pm
thought you might be interested in an update - as predicted despite sending post dated cheques for next month so far ten have been processed by the bank. I feel so angry about this as though I was being fair by sending a post dated cheque to everyone to prove that we only planned to miss one months payment to get ourselves a car for work they either did not read our letters or basically did not care. I had one letter back from LVBS saying that they could not accept post dated cheques so would be presenting it but if we cannot afford next months payment to send a token payment - at least they had the decency to write. So lesson learned- don't be kind to creditors-treat them as they treat you and never send post dated cheques. Next month it will be £5.00 to everyone to get ourselves back on track. Has anyone else had an experience like this??[V]
 
 

LoneRanger

User avatar
Posts: 894
Joined: Fri Jun 20, 2008 6:00 pm
Location: United Kingdom

Post by LoneRanger » Sun Sep 28, 2008 5:54 pm
You should just have sent them all letters stating you were not able to pay until next month. Never send a post dated cheque if your behind in payments because it will get presented for payment and banks can legally accept the cheques, as you will find its against banks policies for you to give post dated cheques.
Steve.

IVA approved!
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Sun Sep 28, 2008 6:02 pm
Thanks for the update,we live and learn eh? At least you know what to do next time and hopefully others can learn form this.

A great thing about this forum, is sharing knowledge and mistakes.

Good luck xx
 
 

kallis3

User avatar
Forum Expert
Posts: 77175
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Sep 28, 2008 6:19 pm
Post dated cheques are a waste of time as they CAN and WILL be cashed!

I really don't know why they do, if it's post dated, then they should honour that, but they don't, and there is nothing you can do about it.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

fudgelover

User avatar
Posts: 20
Joined: Wed Aug 06, 2008 6:28 pm
Location:

Post by fudgelover » Sun Sep 28, 2008 8:28 pm
Thanks everyone. This forum is soooo good. I used to feel so alone and ashamed but reading everyone's thoughts and tips makes me feel part of a supportive community. [:)]
13 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”