Sounds like he got a nice run around for a few days rent free.
I really didn't think you could cancel a building society cheque. You live and learn.

 

When I worked for a building society we would not cancel a cheque issued to a third party unless it was returned to us. I think Carl will find the money will be cleared.

Just have to get the p/x back now. Did you keep the spare keys?

 

This sounds right to me, so whats the update, u got the cash yet or not or what????

Why would the guy say the cheque has been cancelled if he couldnt cancel it? seems strange cause he wouldnt exactly bring the car back would he.

 

A very quick Google search tells you you can cancel a BS cheque and it even gives you the various BS charges.

That would have shortened the thread by 60%.

Why on earth in 2004 are people still allowing items to change hands without cleared funds?

Mind you, 3 days free, tearing the arsé off your car might prevent you from entertaining the thought again.

You should have, under no circumstances given him anything back.

 

If he didnt give him the P/X motor back then he would have been down a very expensive TVR and a car worth maybe 2k? so he was just taking the easy or safe option which is understandable but I would have tried to take it further

 

What?? He had the px, the cheque was issued to him in good faith, the TVR no longer belonged to him, end of.

He was lucky that the other guy (buyer) never called the law to say the car was taken back and he still had the cheque for it, reversing the story for his own gain.

 

As far as I understand things there are two forms of building society cheque, one from an individual and one from the building society itself, what I would call a counter or cashiers cheque. I don't think that the counter cheque can be cancelled and is the same as a bank draft or a counter cheque from a bank.

This is a quote from the Abbey site:

8 Counter Cheques and Bankers' Drafts
We will not 'stop' a counter cheque or bankers' draft which you have asked to draw.

So just as long as the cheque was from the building society and not an individuals account your friend should get his money. Also as a p.s. I have been quoted 11 working days to ensure a cheque can't be stopped!!!



Mark

 

From the top, the seller receives a cheque and a p/x for the tvr, 3 days later the tvr turns up and the cheque is cancelled thus leaving the seller with just a p/x in his own possesion unless he was given paperwork and keys, lets say he has these hes got his car back (995 of the value) so he was giving the p/x motor back to clear it all up where as you said....

so u saying he should have kept his tvr and the p/x'd motor? wouldnt have been exactly fair would it?

 

The TVR's not his to take back. He sold it. It doesn't belong to him any more. The buyer witholding the money could be classed as theft.

 

Yeah I know that but it seems the buyer is giving him the car back... if its not been paid for and its technically been theft then it MUST be the sellers car to take back, if its not his to take back then its not theft.... can only be 1 or the other, money didnt come through so the buyer is doing the only other thing (apart from pay for it) he can do which is give it back and reverse the deal

 

I'm with you, Frosty!

 

Fair!!! Fair to who?? Are you mad? A waster buys your car in good faith then returns it, having driven it for 3 days uninsured, and asks for his old car back and also informs you that the cheque has been stopped.

This is much easier than most are making out. A deal was done, the original TVR owner shouldn't have had anything further to do with the buyer.

I am saying the TVR no longer belonged to the seller. If the buyer returned it and parked it outside the sellers house then it was now his lookout, not the sellers. The seller didn't take it back, he had a px and a cheque and should have presented the cheque to his bank.

Had the cheque not been accepted then the TVR was stolen.

 

as above...and as i said at the time!

 

I agree with you to a certain extent yes.... but Im also saying whats this guy to do. if he stands back and says the TVR isnt his his anymore and not a problem of his he'd be stuck with a p/x motor worth what 2k? 5k? and no money, then how long would he be messing about and waiting to get any of his cash for it? could he afford to mess about? I would have probably done as said and take the TVR back and give the p/x back.... but Id still take it further to get some sort of cash compensation because the car obviously would have taken a hard time under the wings of a new owner.

 

I'm 99% certain that if the cheque was actually a building society counter cheque then it couldn't be stopped. I suspect it was actually a personal building society cheque which is the same as a personal bank cheque and can be stopped.

Mark

 

come on..its 1pm....doesnt the bloke in question know if hes cheque is good yet? its th key to all of this.

 

LOL, get a load of Jeremy Paxman here!

 

we need the TRUTH!

 

I agree. You can't have a story without an end.
BTT.

 

if this bloke doesnt respond soon im going to check ebay till he readvertises it then im going to buy it off him for 3 magic beans!

 

He'll be back later, he's on the phone to my other half now

 

I'd just like to point out that whilst I am Carl who owns a Cerb, I am not the Carl in question who may or may not own a Cerb

Move along folks, nothing to see.

 

I don't know now either!!

The scum told me he had the Building Soc. Cheque stopped. but what Bull he told them in order to achive this i dont know?

carl (with or without a Cerb?)

 

TBH, I think you'd be best contacting your local Citizens' Advice Bureau or a solicitor. Anything you get on here isn't likely to be informed opinion.

Good luck.

PS: as a matter of interest, did you give him a receipt and keep a copy? If so, did you get him to sign it? Have you filled in the change of owner on the V5 for your Cerb, and has he filled in the V5 for his PX car?

 

what did the building soc say when you asked if the chq was good???

 

If you give someone a cheque to buy something off them you cannot stop the payment just because you have changed your mind , If you took this to the County court you would be awarded the case , there would be no contest , been there done that , if he wanted his money back he would have to sue you , which again with the circumstances given he wouldn't have a chance

I would have told him to bugger off!

 

awd wrx.

That's not strictly true. You can stop a cheque for any reason you like. It's your cheque and your money, the bank make something for the admin,but, it is your money and you can spend it how you like.

He could have given a million reasons. In fact you could sue the bank if they didn't stop it.

Whilst if it did go to court you'd likely win, if the guy no longer had the money you'd still be stuffed, the court may award you the win but couldn't force the guy to get a loan to buy a car. At best you'd get a bit of compensation.

Frustrating situation but frankly should never have happened. At least he got the TVR back! He could have stopped the cheque and sold the car on.

What's the latest cleared funds yet?

 

Carl contacted bank today and was told a BS chq can be stopped

 

Yes, but has it been stopped or not?

 

we need answers!!!!!