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I recently cashed a paycheque ( wages ) at a Moneyshop in SE London.
The cheque resulted as bounced and the Money shop is threatening to smear my credit if I don't give them back the cash.
Am I liable ?
I haven't signed the cheque !! It was my wages from my employer to me, I just cashed it.
Who is liable by law ? And can the money shop ruin my credit if I don't pay them the cash back ?
Thank you all
BD
I'm not an expert, but your employer - the signatory on the cheque - should be the one who they go after. I'm sure others will be more clued up on this than me though.
Without seeing the agreement signed with the money shop it's difficult to say who's credit will be besmirched but i'm guessing that you signed a contract to honour the loan, your employers cheque bouncing being a side issue.
As far as your employer is concerned I can't quite remember if it's an offence now to issue a cheque without funds being available, but in any case a word with ACAS is in order I believe! Acas - Home
If you do 'phone them you'll have to be patient as they're incredibly busy and it can be almost impossible to get through at times... I find that calling at 9am sharp is the best time before they start to get snowed under.
Good luck, keep us posted.
Regards, Dave.
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Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
Your employer has breached your contract of employment.
Your contract should state method and regularity of pay. If not, and you are always paid, say, on the last working day of the month then this becomes cutom (ie You are relying on your wages being paid at a certain time to pay certain bills)
It is up to you how you cash your cheque so because you used the money shop, and your employer has not honoured the cheque, then they are liable for any penalties the money shop levy. Although this is just alogical thought-one has not seen the contract where responsibility may have passed onto you.
Either way you should still pursue your employer. And for any bank/creditors charges you suffer too.
When a cheque encashment centre cashes a cheque made out to a customer, this will usually be negotiated with recourse to them. This means that if there is a problem with the cheque, for example, if the cheque bounces, the cheque encashment centre can take action against the them to recover payment rather than the people who have written out the cheque. However, this must be made clear to the client before the cheque is cashed. If this is not made clear, the cheque encashment centre cannot take action against the customer.
Although this is true, I'm wondering what right they would have to interfere with the credit file of the customer.
Bounced Paycheque
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