David Woolley wrote:

Alasdair wrote:

Under the rules (Rule 2) the cheque must be dated on the actual date
of issue and under Rule 6c the cheque must be presented within 3 days
of issue else the guarantee is null and void.

If she can show evidence as to when the cheque was issued in the first
place, is the guarantee worthless and is her bank likely to
acknowledge this?

Seems to me that you would be in breach of contract with the bank for
entering into the arrangement.

Why? Do the terms generally forbid the giving of undated cheques?

I would expect them to cancel the
guarantee card, and they might well terminate your account.

Indeed they might. They probably have the right to do so even in
the absence of breach.

You would still owe the cheque cashing shop and they would either
continue to compound the interest, or would start the process which
would eventually send in the bailiffs. If as a result, they ceased to
be able to pay in cheques to the bank, they might be even more intent on
making an example of you (unless the problem was a rogue local manager.

Either the guarantee will be honoured or it will not. If not, she will
indeed still owe the shop at least what she borrowed plus reasonable
interest (she might not owe unreasonable interest if usurious). But if
the guarantee is honoured, her debt will be to the bank, and only to the
bank unless the debt to the shop exceeds the value of the cheque.

Issuing a cheque using the card, under the belief that the guarantee was
void might be considered fraud.

Nah. Fraud would be taking the loan with the intention of not repaying it.
The method by which the non-repayment is to be achieved is neither here
nor there. The intention not to repay might in any case not have existed
at the outset, but arisen later. It might then not be fraud if there are
circumstances at play beyond the borrower's control.

If she is unwilling to repay (for whatever reason, such as being unable),
she would do well to consider which of the loan shark and the bank would
make the more civilised creditor. :-)

It is not clear whether the bank has discretion to honour the guarantee
even in the event of a technical irregularity with the date. It may not
be up to the customer. She could try putting a stop on the cheque, ahile
admitting that a guarantee card was involved but pointing out hat the
provisos were not observed, and see what they say, but the bank will not
take kindly to being used as an unwitting accomplice to defrauding the shop.