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Must bank of issue cash a check

  • 29-07-2013 5:34pm
    #1
    Registered Users, Registered Users 2 Posts: 53 ✭✭


    Must bank of issue cash a check if pesented to it in person and the account is in good standing and no block is on the Cheque?


Comments

  • Registered Users, Registered Users 2 Posts: 12,741 ✭✭✭✭Ally Dick


    That's the old way. Bank insists that you lodge the cheque, as you may have a clearing period to go through before the funds become available. Can take up to five working days to clear


  • Registered Users, Registered Users 2 Posts: 53 ✭✭iriship


    I was as the bank of issue or were the account for the cheque is. So there is NO clearing time as I'm there.


  • Closed Accounts Posts: 1,066 ✭✭✭Bank of Ireland: Billy


    Hi iriship, 

    Thanks for the post.

    If you are near a Bank of Ireland branch, the best thing to do is to bring the cheque in and a staff member will be happy to take a look at it and answer any questions you have. 

    Thanks

    Billy


  • Registered Users, Registered Users 2 Posts: 53 ✭✭iriship


    Hi iriship, 

    Thanks for the post.

    If you are near a Bank of Ireland branch, the best thing to do is to bring the cheque in and a staff member will be happy to take a look at it and answer any questions you have. 

    Thanks

    Billy
    Hi Bill,
    [font=Times New Roman","serif]            Canyou tell me,
    [/font]

    [font=Times New Roman","serif]if or where I can find out if a bank can refuseto cash a check on demand? From the bank of issue. Funds were available and ID is given, solely because they have changed “there” policy and will only let be paid into your bank account ( a third party ) . After deposit and clearing or you have an account with the bank of issue.[/font]
    [font=Times New Roman","serif]I believe that this is in contravention of Bills[/font] of Exchange Act,1882
    [font=Times New Roman","serif]Therelevant section is s.73:[/font]
    [font=Times New Roman","serif]Quote:[/font]


    [font=Times New Roman","serif]73 Cheque defined.

    A cheque is a bill of exchange drawn on a banker payable on demand.
    Except as otherwise provided in this Part, the provisions of this Act applicable to a bill of exchange payable on demand apply to a cheque.[/font]





  • Closed Accounts Posts: 1,066 ✭✭✭Bank of Ireland: Billy


    Hi iriship,
    Thanks for your post.

    A cheque can only be cashed by the person it is made payable to in the branch it is drawn on, provided it is not a crossed cheque.

    Thanks

    Billy


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  • Registered Users, Registered Users 2 Posts: 1,566 ✭✭✭dohouch


    The core law on cheques is included in the Bills of Exchange Act, 1882. Full text here: http://www.legislation.gov.uk/ukpga/Vict/45-46/61. Ignore the annotations: they apply to the UK.

    The relevant section is s.73:
    Quote: 73 Cheque defined.

    A cheque is a bill of exchange drawn on a banker payable on demand.
    Except as otherwise provided in this Part, the provisions of this Act applicable to a bill of exchange payable on demand apply to a cheque.

    The very definition of a cheque says that it is payable on demand. So if you resort to the banker on whom it is drawn, you should be paid.

    There are a number of "outs" for the bank, such as:
    - the cheque is crossed;
    - there is a defect in the drawing of the cheque;
    - the drawer has died or been declared insane;
    - there are insufficient funds available to the drawer;
    - there is reasonable doubt about the title of the holder presenting the cheque for payment;
    - etc.

    But the bank can refuse to cash a cheque only if it has a specific reason relating to the cheque itself - not a reason based in "bank policy". A policy to disregard the law is not defensible.

    ((Thanks to "iriship"- http://www.boards.ie/vbulletin/showpost.php?p=85757377&postcount=11))

    🧐IMHO, God wants us all to ENJOY many,many ice-creams , 🍦🍦🍦🍦🍦🍦🍦🍦🍦🍦🍦🍦



  • Closed Accounts Posts: 719 ✭✭✭Bank of Ireland: Linda


    Hi everyone, 

    We have checked the above information and there is currently no  bank policy stating that cheques cannot be cashed in the branch of issue. The branch will still do the normal checks before funds are issued. If they cannot issue funds for any reason, the staff member cannot provide information on another person's account. You may have to contact the person who issued you the cheque to discuss.

    Some smaller Bank of Ireland branches have cashless days. A branch has no access to cash on those days and would be unable to cash a cheque if a customer calls in on a particular day. Please see here which will show all branches in Ireland and you can see if your local branch has cashless days.

    Thanks
    Linda


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    Something got lost in translation!

    The post dohouch cited was originally written by me, and the bit about bank policy was not intended to refer to BOI.


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