la caixa - proceddures on depositing cheques

can anyone tell me the spanish law on depositing a cheque in your spainish bank account..

i have recently sold my car in spain. i was sent a cheque from the uk to pay for the car and to pay for it to be transported to madrid to the new owner. i deposited the cheque in my la caixa bank account, and was told it wold take 15 days to clear. on the 15th day i went to la caixa and they told me the cheque was clear and would i like to withdraw any funds, i withdrew 50 euros. the next day i asked the bank if ,they could do a money transfer to the uk, and they did.  a couple of days later i tried to use the la caixa atm, but it just said consult the bank. so i spoke to the cashier who told me the cheque was clear, and also did the money transfer, and she said you can not get money from the atm, but i can withdraw money from the account via her computer, when i asked why the atm would not allow to withdraw the funds, she told me, the cheque would not clear until the the 15th sept. shock horror!!!!!!

i had to return to uk, but on the 15th sept i used my la caixa card at a uk atm, i was able to withdraw money, so assumed the cheque had finally cleared..

yesterday, 29th sept, i received an email from la caixa saying the cheque was fraudulent and the money i had fransferred and withdrew, needs to be paid back asap.

i now have no money no car and a supposed ammount to pay back to la caixa.

surely the bank are at fault!!!!!!!!!!!!!!!

any info kindly appreciated

louise

Bit of a sticky wicket this one!

I do know that it can take as much as four weeks for a cheque issued from a UK bank to clear into a Spanish bank account.

I use La Caixa and when I do an electronic transfer from UK to Spain they quite often allow me to withdraw funds from my bank account, even though the money will not officially clear until the day after. I believe it's due to the fact that they can 'see' the funds 'should' clear so they allow you to withdraw the money, which is something UK banks don't do, in that they will wait until it 'has' cleared and then allow you to draw against it.

Did you get a statement from the bank, via an ATM or a bank teller (cashier) that the funds showed clear in your account? As they might have allowed you to go into an overdraft situation based upon the deposit of the cheque.

Having said all this, I must admit that I wouldn't have parted with the car until the cheque had cleared, leave alone withdraw money against the cheque.

I know my last statement doesn't help you now Louise, but at least you starting this thread and my and other answers may help others to avoid  this in the future... don't trust ANYONE!!!!!

Go to the Police in the UK and Spain, as this is FRAUD!!!

And also go to your Lawyer in Spain and your Solicitor in England, as you obviously have a name and address, including details of the bank that issued the fraudulent cheque.

HI, THE ONLY REASON I HANDED OVER THE CAR WAS THE BANK TOLD ME THE CHEQE HAD CLEARED AND THAT I COULD DO A MONEY TRANSFER, IF THE BANK HAD TOLD ME THE CHEQUE WAS NOT CLEAR I WOLD NOT OF HANDED OVER THE CAR.

THANKS FOR YOUR  RESPONSE

HI, THE ONLY REASON I HANDED OVER THE CAR WAS THE BANK TOLD ME THE CHEQE HAD CLEARED AND THAT I COULD DO A MONEY TRANSFER, IF THE BANK HAD TOLD ME THE CHEQUE WAS NOT CLEAR I WOLD NOT OF HANDED OVER THE CAR.

THANKS FOR YOUR  RESPONSE

Hi Louise

I have read of similar cases happening in the uk, where cheques have passed hands, banks then state funds cleared but then state fraud. So it is not just a spanish issue. You need to report it to the police, and get legal advice.