Writing Cheques - Insufficient funds

Hi Everyone,

A quick question about writing cheques from a legal standpoint??? THIS QUESTION IS FOR UNITED KINGDOM BANKING/LAW ONLY!!!!!!

I know this person who has a bank account that has no overdraft facility. This person is really bad at handling money so to make ends meet has started to persistantly write cheque guaranteed with a cheque guarantee card taking him/her overdrawn (typicall 12 cheques per month). Direct debits are rarely paid & so to my question.

What action can/will the bank take against this individual to stop them using the remaining cheques? Is this a civil or criminal issue (i.e could the bank have the police recover the chequebook from the individual?) This person still has another 50 or so cheques that they can write.

Also, how long will the bank wait before taking action (typically??)?

Thanks

David

Reply to
David Okopochini
Loading thread data ...

From past experience I can say that they'll probably revoke his switch/cheque guarantee card and issue him with just a standard ATM card, such as a Solo card.

Reply to
Craig Lindley

Unless the bank is at risk of never getting back the money, the police are unlikely to be called, and the chequebook is unlikely to be reclaimed. But the bank may add horrendous fees to the account and refuse to renew the chard, and block the supply for further chequebooks.

If the bank suspects genuine fraud and is at risk of loss then the police may be called. In either case, the account holder will doubtless be invited to the bank for a discussion.

Reply to
Tam

I know of a case where a woman wrote a series of 50 card-guaranteed cheques totalling a 900 single payment on an account that was already about 10-20 overdrawn (unauthorised). This little spending spree also consumed all cheques left in the cheque book - so the prospect of more such cheques being drawn did not arise.

  1. The bank honoured the cheques.
  2. The bank wrote "asking" to close the account
  3. The bank wrote cancelling and demanding return of the card
  4. The bank added charges totalling 600 on top (Thus the woman faced a 1,500+ bill)

Fortunately for her, she had a husband who paid up (it was a joint account she'd used!). Otherwise she would rapidly have been facing debt collectors and possible CCJ. On a limited matter such as this, I doubt the bank would have involved the police. They aren't interested in prosecutions - banks have one interest only here: getting their money back!

She was also one of these people who couldn't handle money!

Reply to
Richard White

In article , Richard White writes

Other than write 18 cheques

Reply to
zaax

Thanks for your responses. One thing i failed to mention in my original post was that the person in question gets their salary paid directly into the bank account & this is regular as clockwork.

Looking through your replies so far i assume the bank will suspend future chequebooks & invite the person into the bank to exchange the cheque guarantee card for a standard solo type card. I would assume that the account won't be suspended as the amount of salary always brings the account into credit on payday.

regards

David

Reply to
David Okopochini

In that case, wouldn't it make more sense to agree a more suitable overdraft limit?

Reply to
Ronald Raygun

Except for when the bank have been levying huge charges.

I believe charges should be *in proportion* to the misdemeanour.

Charging someone 30 quid for being twenty pence overdrawn is a bit off ..... (which is not the case here, but has happened.)

Reply to
Ian Henden

BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.