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Posted: Tue Oct 07, 2008 10:36 am Post subject: Bank Charges on bounced cheques
we have had 3 shots at putting in a cheque from Huma.
the first time in March 08, we were told not to present it by Huma, it was for 11,700 euros
The second time was june, again not to present it by Huma, and again in Sept, again told not to present it by Huma.
Our solicitor Aldea Advisors presented the cheque to "prove the point that Huma are not paying"
We were charged 470 euros by our bank for the privileged of bouncing the cheque ( no, there is a naught on the 47)
We are getting to the point where we will not throw more money at this.
As far as I'm aware, issuing a cheque without the funds to support (even a post-dated one) it is highly illegal in Spain. I think your solicitor is not sufficiently on the case and should be persuing Huma. _________________ Graeme
A cheque is not worth the paper it's written on if you don't trust the issuer. Get a talón conformado (the money is held in escrow by the bank).
You can't postdate a cheque in Spain, as you can present the cheque whenever you want to. However, if there is no money to cover the cheque then the account holder can argue that you should not have presented the cheque at that moment.
If you present a cheque and it bounces, and you are within "reasonable time" of the date on the cheque (about 15 days, I think) then you can claim to be victim of fraud; unless the account holder can prove "unusual circumstances" which he/she would not have been aware of.
If you are outside of those 15 days of the date, then the account holder can say that they were not expecting you to cash the cheque and is not responsible for covering the cheque - you would have to exchange it for a new one.
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