# banked cashed stale cheque, any comeback?



## Moral Ethos (24 Oct 2007)

Just noticed on my online banking that AIB cashed a cheque which looked suspicious to say the least. Noting the cheque number I dug out my old cheque books and found it was an 8 month old cheque which by now is stale and uncashable. Well one would think so.

Do I have any comeback against the bank for cashing an out of date cheque?


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## moneyhoney (24 Oct 2007)

You might find this useful:

[broken link removed]

States that a cheque is valid for six months.........make a complaint to the bank. They should not have processed it. 

However, you still owe the person the money you owed them initially, I would think - can anyone with a legal background clarify??


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## Moral Ethos (24 Oct 2007)

Naturally I would reissue the cheque if they payee came back and gave me the old cheque. I was annoyed as it couldn't have come at worse time and caused me to overdraw.


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## mf1 (24 Oct 2007)

"Do I have any comeback against the bank for cashing an out of date cheque?"

The wording of this query fascinates me. If the cheque had been stopped, I can understand it a bit better. But that does not appear to be the case. So the bank cashes a cheque that is out of date? Big deal, I don't think its that unusual - for small amounts, I gather banks don't always check the date.

What comeback would you seek?

mf


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## moneyhoney (24 Oct 2007)

In spite of the value of the cheque/length of time it has been invalid, I would nevertheless make a complaint to the bank as they cashed an out of date cheque........not that you could expect any compensation I imagine, but fire them off a quick latter to express your dissatisfaction & if you've been hit for any unauthorised OD charges, maybe ask for them to be refunded? Seems reasonable to me.


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## bond-007 (24 Oct 2007)

Why have rules if the bank won't follow them. They are most insistent that you follow them. 

I think the OP means by comeback as he has gone into OD as a result of the banks actions he should not be penalised.


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## Caveat (24 Oct 2007)

If you have encurred an avoidable loss or penalty due to the bank not adhering to their own rules/guidelines, I would certainly expect an apology and refund.


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## mf1 (24 Oct 2007)

I understand that it is the "practice" of banks not to cash a cheque issued more than 6 months earlier but that they have a discretion to do so. I don't think there is any legal  basis for the 6 month rule. 

So, why was the cheque not stopped?

mf


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## moneyhoney (24 Oct 2007)

mf1 said:


> So, why was the cheque not stopped?
> 
> mf



Surely it's the responsibility of the payee to cash the cheque - why should the person who wrote the cheque make note of when they wrote it & wait for 6 months to go by & then cancel the cheque?? And then contact the payee to arrange another payment?


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## mf1 (24 Oct 2007)

moneyhoney said:


> Surely it's the responsibility of the payee to cash the cheque - why should the person who wrote the cheque make note of when they wrote it & wait for 6 months to go by & then cancel the cheque?? And then contact the payee to arrange another payment?



Why don't cheque writers do bank reconciliations? 

People are careless - and when something like this happens, we like to find someone else to blame. Because none of us are ever to blame for anything. Its always someone else.

mf


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## ClubMan (24 Oct 2007)

mf1 said:


> I understand that it is the "practice" of banks not to cash a cheque issued more than 6 months earlier but that they have a discretion to do so. I don't think there is any legal  basis for the 6 month rule.


Yeah - and even the site mentioned above says:


> A cheque is regarded as out-of-date 6 months after the date shown on the cheque.  A bank will *normally *return a cheque unpaid if it is presented after that date.  Normally, the drawer will be prepared to amend the date and initial the amendment, or alternatively, issue a new cheque.  If the drawer is not so prepared, then the payee can use the unpaid cheque to initiate court proceedings against the payee


 which certainly suggests that the 6 month rule is more of a convention that may not be strictly adhered to.


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## bond-007 (24 Oct 2007)

Funny thing is, I had my insurance broker return his commission cheque to me after 9 months, not a huge amount now. He had forgot to cash it. No bother I just changed and initialled the date and he cashed the cheque the following Monday. Everyone was happy and no one was put out by it. 

I think that it is very bad form to retain cheques for long periods before cashing them.


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