Reason for returned cheque?

I had a 'returned cheque' entry on my online account. Halifax cs person, in reply to my question as to why it was returned, tells me that it must be because there was insufficient funds in the drawee's a/c (with another bank). I press her on this and she repeats that insufficient funds 'or a technical problem' would be the reason. I ask whether the drawee could have stopped the cheque, she says 'no, they couldn't' (!). Had she said this before I mentioned that the cheque was, I believe, supported by a cheque guarantee card I might have accepted her response. I told her I needed to know the reason the cheque was returned -- whether it was countermanded or if there was indeed insufficient funds. Her response was to tell me to ask the drawee!

So, if the cheque has been physically 'returned', who has it been returned to? If to my bank, should it not come back to me? I do, after all, want to check on whether there was a cheque card number written on the back and if so why Lloyds did not honour it -- though I assume they won't tell me either?

Reply to
Mike
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When did this happen? It could be that the cheque was 'returned to drawer please represent' meaning the cheque was going through the system again. Is there a credit on the same day as the debit for the same amount?

If not - then for some reason it has bounced. If you have followed the cheque card regulations correctly and the cheque was for an amount not more than the limit of the cheque guarantee card then I would complain again to the Halifax.

Reply to
Eric Jones

When I had a cheque returned by Halifax (about 6 years ago) they sent it to me in the post. I think it came about a week after I presented it in branch (agency). It had a big stamp on it with some general reason. This being Christmas I don't know how much slower the post is at the moment - but I would expect it to turn up with a letter soon.

Reply to
Rob.

Insist that they return the dishonoured cheque to you. If they can't produce the cheque they cannot debit it from your account.

Reply to
Stickems.

Don't you mean (or didn't she mean) the drawer (the person who wrote the cheque)? The drawee is the drawer's bank. You would not expect them to talk to you. In fact, you would expect the drawee to tell the collecting bank (your bank) the reason for returning the cheque to them unpaid, and therefore they should know the reason, and not need to guess it.

Reply to
Ronald Raygun

From my time in banking ... albeit some time ago, so take my response with a pinch of salt.

The drawee bank would normally write the reason for dishonouring the cheque on the face of it in red (if funds related or black if not). Off hand some I can recall.

"Refer to drawer" (RD) = you must be mad this joker has no funds and is unlikely to have so any time soon so don't waste out time.

"Refer to drawer, please represent" (RDPR)= give it a whirl and try again, who knows you may strike lucky and hit the one day a month he has some money in his account before all the DDR go out.

"Payment countermanded by order of drawer" = I only gave you that cheque to get you off my back/to save face. Now I have stopped payment.

"Signature differs" = drawer of cheque was completely blotto when signing cheque and his signature bears no relation to that we have on file (assuming we can find the signature card which the clerk has misfiled)

"Out of date" = cheque has a date that is more than 6 months ago and is accordingly considered stale. Good luck in trying to find the drawer who has no doubt since moved house and no we wont tell you where he lives.

Bottom line is that if the cheque is ultimately not paid(dishonoured)it will be returned to you so that you can sue the drawer.

Normal practice if returned RDPR is to try again which is what I suspect has happened (note other posters comment about checking to see if another debit/credit for amount of cheque has passed through the account).

It sounds like you have got the usual call centre Muppet who has no idea as to the legal status of cheques (Bill Exchange Act, Cheque Act etc.). Of course in the "old" days with a local branch this was all bread and butter.

Good luck!

Regards

A
Reply to
AlanF

Many thanks for the responses. I have just received the 'returned' cheque back from my bank. It is stamped 'Payment Stopped'. Interestingly, it does indeed have the cheque guarantee card number written on the back -- so much for the guarantee! Can I take this any further with the payee bank, Lloyds? Mike

Reply to
Mike

How much is the cheque for? Who wrote the cheque guarantee card number on the back of the cheque? Was it you or did you receive it that way?

Reply to
Eric Jones

Reply to
Mike

Depends on the amount of the cheque guarantee card - used to be for £50 or occasionally higher for the more credit worthy customers.I am out of touch so you will need to research this.

I would suggest that you contact the Customer Relations Department at the Head Office of the bank concerned (i.e. the drawee bank that has refused to pay the cheque) and ask them who to approach within the bank to query their refusal to guarantee the cheque.

If you go via branch/call centre you will probably go around in circles and I reckon your phone bill and tine costs will soon exceed the £75 in question.

Once identified just write them a letter pointing out you accepted the cheque in good faith, for value and that YOU wrote the number on the back having carefully checked the signature etc. and as such you consider it guaranteed by the bank. They may just have missed it (although it was always the first question we asked a customer wanting to put a stop on a cheque).

Your next step (assuming you get no satisfaction) is to either sue the drawer of the cheque and possibly the bank for failure to honour their guarantee. No doubt a more knowledgeable person on here can advise as to that aspect. You could also take advice from the Banking Ombudsman.

Highly recommend you go via the Head Office route - if you cannot find the right person/department to call ring the Banking Ombudsman and ask them.

The one positive thing in your favour is that they are not suggesting that the cheque is a forgery.

Good luck

Regards

A
Reply to
AlanF

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