unpaid cheque

[syntaxblue]

Hi.

I am a electrician and was paid by cheque and it has been returned and the customer refuses to take my calls what can i do to reclaim my money the cheque was for 500 pounds

thanks

[syntaxblue]

Hi.

I am a electrician and was paid by cheque and it has been returned and the customer refuses to take my calls what can i do to reclaim my money the cheque was for 500 pounds

thanks

[yourbank]

Was it for work you did?

Did you take their address?

You might be worth starting a process of suing them for the money owed through the small claims court.

[syntaxblue]

yes it was for work that i did and i do have the address

Edited December 16, 2008 by syntaxblue

[godpikachu]

why id you return the cheque to them may i ask?, did it bounce?.

[syntaxblue]

it bounced

[godpikachu]

ok, send them this...

 

 

Dear (name)

 

I am writing to you today to ask for payment for work carried out on (date), specifically (details of work carried out)

Upon the original completion of this work, you paid me by cheque, however this cheque has been refused by the bank as you had insufficient funds in the account to cover the cost of the cheque, this cheque was returned to you on (date).

Since then, I have made numerous attempts to contact you to finalise payment, all of these attempts have been rebuffed by yourselves, therefore this leads me to assume that you are not intending to honour your obligation to pay me for the work I completed.

 

If you are unhappy with the work that I have done for you, I would be happy to rectify any problems at no extra charge, but I would still require payment in full for the original work.

 

I will give you 7 days from the date of this letter to contact me, either by telephone or in writing, stating your intentions. If i do not hear from you by this time, then I will take court action against you to recover the fees I am owed.

 

I await your response.

 

 

 

send by recorded delivery in an unmarked envelope, and wait to see what happens.

Edited December 16, 2008 by godpikachu
dodgy spelling and added bits

[Aequitas]

All you need to do is to "sue on the cheque". See other threads on the point.

[syntaxblue]

i can not find any forums on "sue on the cheque"

[21stcentury]

Hi,

 

You can now sue the cheque issuer for the full amount of the cheque, plus interest and costs under the Bills of Exchange Act 1882 and there is virtually no defence that they can use.

 

Under the Bills of Exchange Act 1882, cheques are contracts in themselves. As such, they are a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions. If there are insufficient funds in the account to meet that promise or if the drawer of the cheque stops payment, the cheque has been dishonoured and the contract broken. You need only give notice to the bank that the cheque has been dishonoured and then you are entitled to sue them on the dishonoured cheque, get judgment and enforce it.

 

Under law, when you write a cheque to someone you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full. So as this cheque has not been honoured you can immediately sue the driver and there is virtually no defence that the driver can raise to that claim.

 

Hope this helps

 

Derek

[MARTIN3030]

If the cheque was in payment for services or goods provided,then did you issue an invoice ?

What was agreed between the parties for payment ?

Was the cheque not supported by a Cheque guarantee card ?

If the customer is not answering his phone then you should put something in writing.

Give them 14 days to respond to you and give proposals to pay the £500.00.

Should you get no response there,then you could send a 14 day letter before action.

You would need to prove that the customer owes you this,in a County Court.

Also take into account the persons likely ability to pay,should judgement be awarded.

[Mossycat]

Hi,

 

So as this cheque has not been honoured you can immediately sue the driver and there is virtually no defence that the driver can raise to that claim.

 

Hope this helps

 

Derek

 

I'm totally confused by that, what the hell has a driver got to do with any of this?????

 

The OP was an electrician who did some work at someone's house, it matters not one bit if the person was a driver or not.

 

Mossy

[Conniff]

Perhaps he ment 'Drawer'.

 

He is correct though about it being a non recindable promisary note. Even if it was for £25,000 he would have to pay and then claim the excess back.

 

I would send him another invoice and a copy of the cheque giving him 7 days in which to pay, heading it 'Letter Before Action'.

 

You should also say that you are not willing to accept a personal or business cheque and that it must be cash or a bankers cheque.

[MARTIN3030]

Thank you I will merge.

[MARTIN3030]

Please stick to one thread so as not to avoid confusion.

2threads merged and moved to consumer issues.

 

If you do go down the legal route,make sure that you give at least the 28 days in regards to P.A.P.