On 16/05/2013 3:51 PM, Phil Allison wrote:
> ** Who determines what value is written on a cheque ?
>
> Cheques have the value written both in words and numerals - to defeat
> tampering and prevent ambiguity. So it cannot go wrong - right ?
>
> Recently, a cheque cleared through my account as being $200 under the value
> I had written on it. I also had a printed receipt for the same cheque, with
> the exact same error.
>
> A visit to my bank soon revealed that as cheques pass through their
> overnight clearance centre - an image is taken and stored. A bank staffer
> was able to show me this image, once he had the cheque number etc. There was
> my cheque, clear as crystal on his LCD screen showing an amount $200 more
> than the bank's records showed.
>
> The staffer assured me that since all cheques were scanned by an optical
> recognition device, the written amount never mattered. This is very hard to
> swallow.
Clearly wrong, anyway. If the amount expressed in words is less than the
amount expressing in digits, then the amount expressed in words is the
amount to be paid. Ignoring the words is asking for trouble.
>
> My hunch is that when the person to whom I handed the cheque entered numbers
> into a computer - she made a one digit error. The computer then spewed out a
> receipt and also added my cheque to a long list with - the same error.
>
> This list was then presented along with all the cheques to the company's
> bank, a day or so later.
>
> The staffer at that bank never even looked at the cheques.
>
> The optical scanner at the clearance centre only reads the code on the
> cheque verifying the cheque's number, issuing branch and account number. The
> values are taken as already keyed in when the cheques were presented.
There's usually double keying (another person independently processes
the cheque, and the results are compared), and there probably is, given
how rarely this sort of error occurs. Most likely, you got caught in a
situation where both entries were incorrect in the same way.
>
> So who sets the value on a cheque ?
Clearly, the drawer does.
>
> BTW:
>
> I was advised to give the other party another cheque for $200 and that would
> solve it, as clearance was now final.
>
> Hogwash.
>
>
> .... Phil
On the face of it, the payee has caused the cheque to be presented for
payment. Until it has been paid in full, the drawee bank has not
complied with the order to pay written by you.
The payee's redress is against the drawee bank, not against you. Were
you to send another cheque, there would be a lack of consideration.
If the bank had paid too much, you'd point out that they cannot debit
your account for the excess, and that it's up to the bank to unravel
their error. They'd be unlikely to take the "it's cleared, it's final"
approach then.
Sylvia.