Can the bank ‘UNCLEAR’ cleared funds?

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

ha ha, that's not a legal term I've come across

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Thanks Amethyst,

so how long do you think to wait? I'm not in a rush, just wondered,

Nicola

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Hello helpful Beagles,

a quick update; the court emailed me on Friday and said:

"Please be advised that the above case has been referred to the District Judge for directions on how to proceed. It can take 3 - 6 weeks to receive a response at which point you will be notified accordingly”.

So I will wait to see what happens and of course keep you updated,

Best wishes for the bank holiday,

Nicola

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

hi again,

small update and new question;

the bank has provided me with a copy of automated receipt of an email it received from the court processing centre dated 26 March, i.e. before the cut-off time. Do you know if an acknowledgment of service would be responded to by an automated email?

best wishes,

Nicola

[Amethyst]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Yes it usually is.

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

thanks

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Hi,

I just wanted to let you know that I have received 'evidence' from my mum's bank that they had the cheque on the 13th. They said that for them to receive the cheque on the 13th, my bank would had to have sent it to them on the 12th.

On the 13th my bank told me categorically that 'the cheque was not at the bank' and it was on the advice of my bank and on the basis that it was lost that my mum cancelled her cheque. Although it now seems true that the cheque was not physically at my bank on the 13th, it is clear that my bank would have known exactly where it was at least on the 12th.

It does seem that this was not an oversight, it does seem a deliberate decision was made not to put the cheque details onto my account when they had the opportunity to do so (at least on the 12th). Instead the cheque was first sent to my mum's bank and the bank denied they had it.

Skullduggery??? Surely not by a bank? :tinysmile_hmm_t2:

[des8]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Skullduggery or sheer incompetence ?

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

or trying to obtain commercial advantage????

[nemesis45]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Nicola,
Have to taken this up as a Formal Complaint to " Director " level with the Bank (s)?
nem

[des8]

Re: Can the bank ‘UNCLEAR’ cleared funds?

I wouldn't take it up with the bank yet.
IMO you should wait and see if they are successful in their application to set aside.
If they are successful the matter will go to trial.
They will then file a defence to which you can reply, and bring the evidence up at that point.

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

hi,

thanks, yes, I wasn't thinking about raising it with them, as you suggest, I will wait to see what happens, just thought I would mention it,

best wishes,

Nicola.

[leclerc]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Depends on who you spoke to and whether they had the sort code and account number of the cheque. These days if they knew where it came from and which place it was processed at then yes they would have been able to have traced it, but I am not 100% certain that they would have been able to have given a definitive 100% certain response on 12th or 13th but certainly within a short time afterwards I am sure they would have. These cheques are processed automatically via machine(which is why I think it would have at least have taken a note of sort code account number of the cheque). Providing it was not rejected from the machine and keyed manually(I am making a huge assumption that this is done given that some cheque due to materials on them might be initially unreadable). No doubt it would have been sorted into an order in which it would then be sent to the recipient bank and then processed through their accounts.

As I said, I'm not 100% certain that they would have known but it may well be possible to know via the processing centre directly.

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

hi Le clerc,

thanks for your thoughts on this.

I tried the clearing centre, which is in Northampton, but they would not give me any info. The cheque clearing company is made up of all the banks so it would not be in their commercial interest to let that sort of information out themselves and under data protection you are only allowed to 'personal information' it seems and this doesn't seem to be within the definition of personal.

The bank definitely knew which cheque it was though, I had spent a long time on the phone on the 12th with the call advisor, he had checked with his manager before replying to me to make sure he was giving me correct information. I asked to speak to the manager and when (as they always do) they said the manager was not available I asked to speak to the manager's manager and when that person was also not available I asked for the chief exec's details, which they gave me. I was told that the manager would call me back that day (12th) but they didn't and so when I rang the next day they knew exactly which cheque we were talking about and they did agree to put it in writing - which they did.

Remember, they refused to look anywhere for the cheque yet despite this they were able to tell me categorically (and in writing) that the cheque was not 'at the bank'. How would they know this if they had not checked anywhere (e.g. the suspense account)? They could only know definitely that it was not 'at the bank' if they knew where it actually was surely?

regards,

Nicola

As I now understand it, the rules governing the machines at the clearing centre mean that the cheque should have been identified as 'suspicious', it should have been taken out of the automated system and it should have been looked at by real people.

[des8]

Re: Can the bank ‘UNCLEAR’ cleared funds?

But at the end of the day , if the drawer's bank had possession of the cheque on the 13th of the month, the payee's bank must have had it either on or before the 12th.
This would suggest the bank gave false information to the ombudsman, who ruled the bank did not receive the cheque until 13th.