postdating cheques / levying in minors presence - discussion

[ExBailiff31]

In some cases a Bailiff company will allow you to make an arrangement with them over the phone I stress this is only in some cases because if they allow you to do this then it will be without a valid levy in place meaning that if you break your agreement they have nothing to fall back on and will end up sending out a Bailiff to levy distress and set up a formal arrangement which will add further fees, the best way to make an arrangement is find out the current total of the debt and divide this say over x5 payments then write to the Bailiff company sending postdated chq's (which you have taken copies of and sent via recorded delivery) and your proposed payment shedule, this now makes it very hard for the company to fob you off by telling you to contact the Bailiff (who will then charge you) and providing all your chqs clear that would be the matter delt with, I would also keep a note on a calender of when these payments should be taken and if you think there is a problem prior to a chq going in then phone up and pay on your card but GET AN AUTH CODE for the transaction.
you need to do this before the Bailiff calls again or he will charge you another £18 for his second visit regardless if you're in or not, if you have children living at the property (under 18) don't worry if you go out and leave them there the Bailiff CANNOT enter the house even if they open the door to him, and if he does call the police who will remove him.

[CleverClogs]

Re: Bailiff Being Horrible

In some cases a Bailiff company will allow you to make an arrangement with them over the phone I stress this is only in some cases because if they allow you to do this then it will be without a valid levy in place meaning that if you break your agreement they have nothing to fall back on and will end up sending out a Bailiff to levy distress and set up a formal arrangement which will add further fees, the best way to make an arrangement is find out the current total of the debt and divide this say over x5 payments then write to the Bailiff company sending postdated chq's (which you have taken copies of and sent via recorded delivery)

Wrong.

Post-dating cheques won't work, as they'll all be presented for payment at the same time and, if there is sufficient money in the account, they'll be paid. If there is not sufficient in the account, some may 'bounce'.

if you have children living at the property (under 18) don't worry if you go out and leave them there the Bailiff CANNOT enter the house even if they open the door to him, and if he does call the police who will remove him.

Wrong.

Even if the plods did remove the bastar... bailiff rather than resorting to their traditional litany of "Nuffink we can do, it's a civil matter miss!", the varmint would still have entered and could still have completed a valid levy.

[Amy]

Re: Bailiff Being Horrible

Incorrect on both counts. Ex-bailiff is completely correct.

[Amethyst]

Re: Postdated cheques

These posts have been removed from the original thread as they are a little argumentative and not really very helpful - with the exception of ex-bailiff's post - but as that appears to be the subject of some disagreement I have moved that here also for discussion.

I have moderated a few of the needless posts also (which added nothing to the discussion).

So I think we are having a discussion on the use of post dated cheques with bailiff companies/ councils - and the levying of goods whilst only a minor is present in the property ?


Post dated cheques do not have any legal recognition and can be cashed at any time - it is down to the banks discretion whether they are paid or returned - the bank have no obligation to check the date of the cheques when they are presented for payment.

However if you present someone with post dated cheques and an accompanying letter / agreement could you then form a contract that entitles them only to present the cheques after the dates shown - giving you some form of back up/redress if they go against the terms you laid out ?

I can understand why it has been suggested to do it - as it solves the initial problem if accepted by the bailiffs - plus if they did present the cheques in one hit it would give the OP breating space - but also a stack of bank charges and more missed payments quite possibly - so could cause more problems than it solves.


The other bit on the under 18's in the property - my understanding of it, which is minimal, is it is illegal to enter to levy on goods in a property where only a minor is present - they could levy through the door gap or viewed through window etc - but those levys would only be as legal as at any other time if no one was home.

So could we keep it nice and sort out the final answer to these queries (if there is a final answer). Please.

Ta.

[Gorang]

Re: postdating cheques / levying in minors presence - discussion

Post dated cheques do not have any legal recognition and can be cashed at any time

mmmm Interesting as I have always been under the impresion that if you let the bank know via writing that you have post dated checks to anyone, if they are presented at the same time and the bank tries to cash them all then the bank HAS to refund you until the due dates

It's bugging me where I read that but I'm usre it was sumit to do with what a check HAS to be in prescribed form,

I'm sure it was actulay in the papers somewhere when a guy used his wifes nickers to give his mate a check for sumit (it was for a laugh) and because the nickers had all the prescribed and correct details on them for a check, the bank HAD to honour it, and i am sure it said sumit about the date as well as he had dated it for 2 weeks in advance I think


Maybe worth looking at the Do's and don'ts for a check

This as all maybe changed now as I rememer this being in the papers prob about 10 yrs ago now

[ExBailiff31]

Re: Postdated cheques

The other bit on the under 18's in the property - my understanding of it, which is minimal, is it is illegal to enter to levy on goods in a property where only a minor is present - they could levy through the door gap or viewed through window etc - but those levys would only be as legal as at any other time if no one was home. - originally posted by Amethyst.

You are correct in stating that it is illegal to enter a property where only a minor is present- how ever you are incorrect in stating that a Bailiff may levy through a gap in the door or viewed from a window, this is commonly refered to as a constructive levy and would not stand up to scrunity. the law as it sets out states that a Bailiff must be able to not only have sight of but be able to touch the items being listed, this is so the ATR fee (attended to remove fee) can be added as such instances would mean that the Bailiff could have removed your good there and then but insted chose to make an arrangement with you.

[Bill-K]

Re: postdating cheques / levying in minors presence - discussion

...a guy used his wifes nickers to give his mate a check for sumit (it was for a laugh) and because the nickers had all the prescribed and correct details on them for a check, the bank HAD to honour it...

LOL - I used to love hearing those stories about cheques being written on all sorts of media. Personally, I've always fancied inscribing one on a turd - but didn't fancy the idea of getting it returned to me because I didn't put my card number on the back !!!

I think they have now tightened up the 'elastic' on those days when we could write a cheque on anything. LOL - it may have summat to do with the more recent 'money laundering' regulations - not to mention 'Health & Hygiene' ...!!!

[ExBailiff31]

Re: postdating cheques / levying in minors presence - discussion

it's also worth noting that it is an offence to knowingly write a chq without cleared funds in the account.

[Bill-K]

Re: postdating cheques / levying in minors presence - discussion

it's also worth noting that it is an offence to knowingly write a chq without cleared funds in the account.

Yes, I think this can actually be treated as fraud - no matter WHAT it's written on.

[Mrs James]

Re: postdating cheques / levying in minors presence - discussion

I've just checked the T & C for my bank and it states this

4.3.1 You must not write a future date on a cheque. If you do, and the cheque is presented for payment before that date, it may be paid immediately or returned unpaid. In either case, we will not be liable to you.

[Bill-K]

Re: postdating cheques / levying in minors presence - discussion

That seems like a reasonable term to me, Mrs J. Basically, it puts the onus upon the cheque drawer to ensure that its' recipient does not present it until the date shown on it. The buck has to stop somewhere, and in this case, I guess it is fair to put the onus upon the drawer and presenter to ensure that they have a satisfactory arrangement for post-presentation (or 'utterance,' as I believe it may be legally termed).

It would seem that the WRITING of a post-dated cheque is no problem. The problem occurs when it is PRESENTED (or 'uttered') before the date it bears. Agreed - that should not really be the bank's responsibility.

Dammit...!!!

[Mrs James]

Re: postdating cheques / levying in minors presence - discussion

Agreed, Bill, and I would think most Banks have it written in their T & C's too.

[charitynjw]

Re: postdating cheques / levying in minors presence - discussion

From the Payment Council website

Banks set their own policies on post-dated cheques and, in many cases, their account terms and conditions state that customers should not write them. If the recipient of a post-dated cheque attempts to pay it into their account prior to the date shown, it may either be returned unpaid, possibly incurring charges for both parties, or it may be cleared, creating problems for the customer who issued it. It is important to note that post-dated cheques are not covered by the UK Domestic Cheque Guarantee Card Scheme and could be returned unpaid.

http://www.paymentscouncil.org.uk/re...s/-/page/1208/

[Bill-K]

Re: postdating cheques / levying in minors presence - discussion

Banks set their own policies on post-dated cheques and, in many cases, their account terms and conditions state that customers should not write them. If the recipient of a post-dated cheque attempts to pay it into their account prior to the date shown, it may either be returned unpaid, possibly incurring charges for both parties, or it may be cleared, creating problems for the customer who issued it. It is important to note that post-dated cheques are not covered by the UK Domestic Cheque Guarantee Card Scheme and could be returned unpaid.

"..So let it be said...So let it be written..."

[Caspar]

Re: postdating cheques / levying in minors presence - discussion

Basically I agree with the above. Post dated cheques should not be used. It is quite clear that levies cannot be made just by being able to see goods. If this were the case, thousands of levies would be made by bailiffs listing things seen through a window, and if this was then considered valid, they would then have the right to force entry. It makes sense therefore that the bailiff MUST gain entry prior to any internal levy taking place.