# Was he right to stop the cheque?



## Bamhan (10 Oct 2005)

We recently purchased windows to the tune of 16 grand, I won't mention from whom.
We had to give two cheques the day we ordered, one a deposit and the other for the remainder of almost ten grand post dated to the 10th of Oct.
Anyway windows came, were put in, discovered three faults.
Contacted them immediately, came back resolved two of the faults but not the third, which was clear glass in a bathroom window.
Having contacted them numerous times since we gave them until the 10th to resolve the issue. They said they wouldn't be able to do so for 5-7 weeks!
So my husband stopped the cheque.
Was this the correct approach?
Will this encourage them to resolve the issue of have the opposite effect....ie leave us wait?


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## RainyDay (10 Oct 2005)

I read somewhere (probably here on AAM) that post-dating a cheque was not effective (insofar as the bank are entitled to pay out your money once the cheque is presented, regardless of the date) and indeed was possibly illegal.


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## bond-007 (10 Oct 2005)

A bank should not be paying on a post dated cheque, but how often do the banks bother to check the dates on cheques?


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## Gabriel (10 Oct 2005)

Bamhan said:
			
		

> We recently purchased windows to the tune of 16 grand, I won't mention from whom.
> We had to give two cheques the day we ordered, one a deposit and the other for the remainder of almost ten grand post dated to the 10th of Oct.
> Anyway windows came, were put in, discovered three faults.
> Contacted them immediately, came back resolved two of the faults but not the third, which was clear glass in a bathroom window.
> ...



Yes, you were right to stop the cheque. They've now provided you with most of (but all of) the service. It's in their interest to resolve the matter to get paid their money. In the meantime you have free windows.


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## ubiquitous (10 Oct 2005)

Did he notify them that he was stopping the cheque?


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## Bamhan (10 Oct 2005)

Yes, told them he would unless the matter was resolved and then rang them at 3.50 on the day he stopped the cheque to tell them he was doing so.


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## ubiquitous (10 Oct 2005)

They can't really complian too much so once he notified them.


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## etel (10 Oct 2005)

Bet you will get it fixed in less than 5 weeks too


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## Joe1234 (10 Oct 2005)

Was told by a bank that it IS illegal to post date a cheque.


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## bond-007 (10 Oct 2005)

Joe1234 said:
			
		

> Was told by a bank that it IS illegal to post date a cheque.


 I assume you mean present a post dated cheque for payment.

As I said earlier since when does a bank check the dates on a cheque?


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## Jister (10 Oct 2005)

I often get post dated cheques and when I have a clump of cheques, some post dated, some not, they all go to the bank together. They never come back.  I don't have time to go to the bank twice, or check which ones are post dated or not.

On the subject of your windows it was the right thing to do - they will be along in a flash now!


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## Bamhan (11 Oct 2005)

Why would it be illegal to post date a cheque?


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## RainyDay (11 Oct 2005)

Bamhan said:
			
		

> Why would it be illegal to post date a cheque?


Interesting question - see this prior discussion - I've done a bit of Googling on this, but I can't find anything definitive. Several bank websites (PTSB, BOI, NR) mention that they may process cheques prior to the date on the cheque and the customer needs to ensure they have funds in the account to cover the cheque, once the cheque has been written. this BBC report shows a similar status in the UK, but does mention that;



> a cheque is a bill of exchange payable on demand. Therefore if it is post-dated, it is not payable on demand, so is not technically a cheque.


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## Bamhan (11 Oct 2005)

Well in this case we had an agreement with the window company that they would not present the cheque for payment until the date specified on the cheque but I must check with my own bank if they are within their rights to cash a cheque before the date written on it.


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## d2x2 (11 Oct 2005)

Post dating a cheque is illegal in France.


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## podgerodge (11 Oct 2005)

According to Bank of Ireland Business Banking on current accounts:

"The Bank may pay post-dated cheques if they arepresented before their due date"

"If the Bank is presented with a cheque which is more than six months old, the Bank does not have to pay it, but may do so"


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## bond-007 (11 Oct 2005)

If they pay out on a stale cheque they are deffo in serious trouble.


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## extopia (18 Oct 2005)

The question was, was it right to stop the check. Whatever about the legalities of postdating checques, there's nothing wrong with stopping a cheque in the event of non delivery or underdelivery of a service.


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## Bamhan (18 Oct 2005)

Just an update, they still have not come to replace the window and have not looked for their payment either.


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