Cheque lodged to incorrect Limited Company

Nalzer

Registered User
Messages
2
I paid for an item a few years ago and have recently discovered that the cheque I made payable to the limited company may have been lodged to an account in a different name. My account is with BofI and the cheque was lodged in an AIB account. I am trying to establish the name of the bank account that the cheque was lodged to but AIB won't engage with me as I am not their customer. Even quoted GDPR , which doesn't apply to business . Anyway I am trying to get bank of Ireland to get the exact name on the AIB bank account that the cheque was lodged to . They are playing hard ball and are trying to fob me off to AIB, who I know won't deal with me. Reason this has come to light is that there is a problem with the item I bought (long story) I discovered that there is in fact no limited company in the name of the limited company that I made the cheque payable to. My understanding is that you can not lodge a limited company cheque to any account other than the exact name of the limited company. Can anybody help?
 
It doesn't sound correct that you need the exact company name to lodge a cheque to the company's account.

In a nutshell, is the problem is that you need to prove purchase? You should look through your records for an invoice or receipt issued by them to you - proving they have a cheque from you, which might have been refunded later, is unlikely to help.

IMHO.
 
Setanta12. Its not about proof of purchase, its a little complicated. I have a copy of the cheque with a bank account number on the back but no limited company exists in the name that I had made the cheque out to, I believe, and I need to know what exact name is on the bank account that the cheque has been lodged to , as if it incorrect I would be able to challenge AIB for not negotiating the cheque correctly.
 
Contact Bank of Ireland and ask them to do a credit trace as to where the cheque was lodged. They will need to contact their Cheque Clearing Research and Adjustment function to reach out to their AIB equivalent. and there is a process between banks for getting this information, although it will take a little time. Note the if the cheque was not crossed A/c payee only or words to that effect, it could legally be endorsed over to another holder. Note also that if the item was lodged at a cheque deposit machine in the branch and was under whatever checking limit AIB have for checking transactions, it's possible no human ever even looked at it
 
I worked with a number of companies that received large volumes of cheques from customers/clients. One in particular had a long complicated name. There was a never ending number of variations of the company's name written on the payee line, (excluding parts of the name, including words that had nothing to do with the name etc.) I never recall a cheque being returned by the bank on the basis of these inaccuracies, so there appears to be a lot of latitude, whether or not that has a basis in law. In my experience the practice appears to be a lot more strict in the UK when're minor variations are regularly highlighted and cheques returned.

It could also be the case that the payee endorsed the cheque (depending on the crossing, if any) in which case it could quite legally have been lodged to a different account. Remember that cheques can generally be cashed by the bearer unless locked down with a strong crossing such as "A/C Payee Only, Not Transferable"

In any event, I'm not sure that you have a very strong case against AIB. The intended payee might have one, had it been lodged to an account other than his/hers, but I suspect you would have a lot of difficulty using this technicality to in some way try to prove AIB liable for the problem with your purchased item.
 
Back
Top