# Bank of Scotland tracker redress cheque bounced back "unpaid"



## bbari1 (27 Nov 2020)

Well... Can you believe that the BoS cheques bounced back unpaid!


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## Brendan Burgess (27 Nov 2020)

Wow!  Hard to believe.


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## Brendan Burgess (27 Nov 2020)

Did they stop it due to an error? 

Or was it marked "insufficient funds"? 

Brendan


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## bbari1 (27 Nov 2020)

Brendan Burgess said:


> Did they stop it due to an error?
> 
> Or was it marked "insufficient funds"?
> 
> Brendan



insufficient funds. Pepper called to apologize and they said they will do the transfer into the account now.


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## Brendan Burgess (27 Nov 2020)

Hi bb

Was the cheque in the name of Pepper or Bank of Scotland? 

Brendan


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## bbari1 (27 Nov 2020)

Brendan Burgess said:


> Hi bb
> 
> Was the cheque in the name of Pepper or Bank of Scotland?
> 
> Brendan



AFAIK - it was a BoS cheque.


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## Seagull (27 Nov 2020)

I presume they're also covering any associated charges.


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## bbari1 (27 Nov 2020)

Anyone else had this issue?


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## TomTron (26 Dec 2020)

Anyone writing cheques with insufficient funds is committing a criminal offence in Ireland. Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001, which came into force August of 2002 makes it a criminal offence to issue a cheque with insuffient funds in the account to settle the cheque. Penalty can be up to 10 years in jail. Complaint should be made to the Irish Police.

I'm not a lawyer or legal specialist...


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## RedOnion (27 Dec 2020)

TomTron said:


> Anyone writing cheques with insufficient funds is committing a criminal offence in Ireland. Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001, which came into force August of 2002 makes it a criminal offence to issue a cheque with insuffient funds in the account to settle the cheque. Penalty can be up to 10 years in jail. Complaint should be made to the Irish Police.


No.
Writing a cheque with insufficient funds is not always a criminal offence. However, the circumstances in which it's done can make it a criminal offence. 
If you read the section of the act you've referred to above it'll be clearer.


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## TomTron (3 Jan 2021)

Interesting observation RedOnion - this article quotes a Senior Counsel Martin Giblin:

"At Galway Circuit Criminal Court, one of the country's leading senior counsel, Martin Giblin, observed that it would come as a surprise to many people in business in Ireland that it was now a criminal offence to sign cheques when there were insufficient funds to cover them."

*I cant post links to websites anymore, the online forum says its spam content*


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## RedOnion (3 Jan 2021)

TomTron said:


> Interesting observation RedOnion - this article quotes a Senior Counsel Martin Giblin:
> 
> "At Galway Circuit Criminal Court, one of the country's leading senior counsel, Martin Giblin, observed that it would come as a surprise to many people in business in Ireland that it was now a criminal offence to sign cheques when there were insufficient funds to cover them."
> 
> *I cant post links to websites anymore, the online forum says its spam content*



This article? https://www.independent.ie/irish-news/customers-bouncing-cheques-now-face-jail-25885702.html

There's a difference between the actual law and what a newspaper will publish.
If you read the full background of that case you'll see how Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001 would apply.


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