banked cashed stale cheque, any comeback?

M

Moral Ethos

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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Do I have any comeback against the bank for cashing an out of date cheque?
 
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??
 
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.
 
"Do I have any comeback against the bank for cashing an out of date cheque?"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 So the bank cashes a cheque that is out of date?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
 
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of the cheque/length of time it has been invalid, I would nevertheless make a complaint to the bank as they cashed an out of date cheque........not that you could expect any compensation I imagine, but fire them off a quick latter to express your dissatisfaction & if you've been hit for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.
 
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.
 
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.
 
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
 
mf1 said:
So, why was the cheque not stopped?

mf
Click to expand...

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?
 
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?
Click to expand...

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
 
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.
Click to expand...
Yeah - and even the site mentioned above says:
which certainly suggests that the 6 month rule is more of a convention that may not be strictly adhered to.
 
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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