at Viva-Almeria.com.  The directory and community site for Almeria, Spain
 

at Viva-Almeria.com. The directory and community site for Almeria, Spain

Contact Viva-Almeria Advertise Almeria Costa Almeria Directory  
 Members Sign In
 
User ID
Password
(forgot password
Become a Free Member

23628 Members
17 People online

 
 Search Viva
 

Alicante Granada
Malaga Murcia

 
 Directory & Services
 
 Almeria Map
 
Almeria Forums
 
Almeria Reviews
 
What's on in Almeria
 
Almeria Travel Mate
 
Spanish Phrase Book
 
TV Guide

 
Contact Us
 
Advertise
 
Web Sites
 
Estate & Rental Agents

 
 Sponsored Links
 

 
Viva-Almeria :: View topic - Bank Charges on bounced cheques
 Forum FAQForum FAQ   SearchSearch   UsergroupsUsergroups   ProfileProfile   Login to check your private messagesLogin to check your private messages

Bank Charges on bounced cheques

Please Note that these forums are for discussion, not advertising. If you'd like to advertise or recommend companies, free listings and member reviews can be created in the Viva Directory. Adverts and recommendations will be removed from the forum without notice.

However, it's perfectly acceptable to send a PM to anyone that asks for a recommendation.

Post new topic   Reply to topic    Viva-Almeria Forum Index -> Almanzora Country Club, Cuevas Del Almanzora
View previous topic :: View next topic  
Author Message
Zoe
Newbie
Newbie


Joined: Aug 13, 2004
Posts: 7

PostPosted: Tue Oct 07, 2008 10:36 am    Post subject: Bank Charges on bounced cheques Reply with quote

Hi,
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.

Has this happened to anyone else.
Back to top
View users profile Send private message
Personal-CD
Forum Pro
Forum Pro


Joined: Oct 09, 2006
Posts: 679
Location: Overa

PostPosted: Tue Oct 07, 2008 12:52 pm    Post subject: Reply with quote

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
Back to top
View users profile Send private message
Beachcomber
Forum Pro
Forum Pro


Joined: May 01, 2005
Posts: 1670
Location: Guadalhorce Valley, Málaga

PostPosted: Tue Oct 07, 2008 1:06 pm    Post subject: Reply with quote

This is a criminal offence. Post dating a cheque is not a recognised procedure in Spain. Give your useless lawyer the boot and make a complaint directly to the Guardia Civil.
Back to top
View users profile Send private message
caravanasetc
Regular
Regular


Joined: Sep 04, 2005
Posts: 143

PostPosted: Tue Oct 07, 2008 3:51 pm    Post subject: Reply with quote

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.
Back to top
View users profile Send private message
Zoe
Newbie
Newbie


Joined: Aug 13, 2004
Posts: 7

PostPosted: Tue Oct 07, 2008 3:55 pm    Post subject: Reply with quote

Hi

my solicitor actually presented the cheque at the date on it, even though they had checked Humas bank account and telephoned Huma, to be told that there were no funds avsilsble,

our sol said that if we take court action we may not get the money anyway, and they may go insolvent,

what a mess
Back to top
View users profile Send private message
Beachcomber
Forum Pro
Forum Pro


Joined: May 01, 2005
Posts: 1670
Location: Guadalhorce Valley, Málaga

PostPosted: Wed Oct 08, 2008 12:14 am    Post subject: Reply with quote

I repeat, this is a criminal offence. Report it as such.
Back to top
View users profile Send private message
Zoe
Newbie
Newbie


Joined: Aug 13, 2004
Posts: 7

PostPosted: Wed Oct 08, 2008 10:08 am    Post subject: Reply with quote

Will do,

Although we are not out again till Feb ( we have brought another property, but due to this sorry situation, had to get a mortgage)

I will get a copy of the cheque from our sol.

Who do you suggest we take it to, around the Vera area
Back to top
View users profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Viva-Almeria Forum Index -> Almanzora Country Club, Cuevas Del Almanzora All times are GMT + 2 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
Copyright Viva-Almeria.com, Total Viva Ltd. 2003 to 2017. Please read our terms and conditions
Page Generation: 0.176 Seconds
Agua Amarga, Aguadulce, Albox, Almeria City, Almerimar, Arboleas, Carboneras, Cuevas del Almanzora, Garrucha, Huercal Overa, Mojacar Playa, Mojacar Pueblo, Retamar, Roquetas de Mar, San Jose, San Juan de los Terreros, Turre, Velez Rubio, Vera, Villaricos,
Golf Courses in Almeria Spain, Hotels in Almeria Spain, Estate agents in Almeria Spain, Holiday rentals in Almeria Spain, Interesting places in Almeria Spain, Property for sale in Almeria Spain,
at Viva-Almeria.com. The directory and community site for Almeria, Spain, Almeria Spain
Site Map