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Cheque cashing question - Albemarle Bond

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Hi

 

First off, I wasn't sure where to post this, so Mods if it is in the wrong place then please move this.

 

Ok this is quite complicated,. so i'll try and keep my writing as simple as possible.

 

I finished my last job at the end of July, which was Friday 30th.

 

My salary for the three weeks worked in July was £1300. The company normally pay by BACS.

 

I needed the money, so asked them if they would do Faster Payment, (with me paying the fee) on Thursday so it whould have been in my account on the Friday. It didn't arrive on the Friday. I checked again on the Monday and it still wasn't there. So I called up my company to let them know and to check it had definitely been paid in.

 

The person there said 'Oh sorry. looks like the payment has bounced back to us - we will have to issue a cheque instead' and they sent me a cheque in the post. I received the cheque the next day. I went to a high st Cheque cashing place, Albemarls Bond, who offer something like 3.9% fee. So I presented the company cheque (with company logo) to them. they said that it wasn't dated so they can't take it.

 

I looked at the cheque - they didn't put a date on it. So i went to the company that day and got the woman to date it there and then. Then I went back and cashed the cheque. All fine.

 

So I had at least two thirds of the money to pay out, which I did, depositing rent monet ets into various people's bbank accounts, then I had to go up north for a week, so i had probably £350 cash once I had got there.

 

Anyway, I received a letter from Albemarle Bond upon my return (around 12th August). the letter said that the cheque had 'bounced' and could I get in contact with them?

 

I went to my bank, and checked my account 9(there was no need for me to check it before now). My salary had been paid in - but my bank had decided to take out £650 for an overdraft that I am supposed to be paying off gradually (but that's another issue).

 

My employer had not concated me during this time. I contacted my employer by email, to ask what was going on but received no response.

 

So I got another letter a few days later from Albemarle Bond: I'm paraphrasing but it says they contacted my employer and my employer had told them that they were under the impression that I had not received the cheque and only then had thye issued a direct electronic payment into my account. They also went on to say they had notified me of this and that they were unaware that i was cashing a cheque.

The letter goes on to say that in such circumstances this could be perceived as attempted fraud, so they will be contacting the police if I don't respond in 5 working days - which is today.

 

My company have deliberately mislead A & Bond. they can't have been under the impresssion that I hadn't received a cheque because I called them and told them that i had the cheque, but it wasn't dated - so I actually went in to the office to have it dated - so that's a clear lie.

 

Also they said that they had notificed me - which is another lie because I hadn't known about any of this until I received the first letter.

 

I emailed my employer on Friday, and was very angry as you can imagine. She tried to say there had been some kind of mix up - but when i asked her to clarify that she didn't say the above words in bold - she didn't.

 

So I have Albemarle asking me to pay back the £1300. Clearly I now don't have it all. But I wondered if anybody had any advice on where I stand legally.

 

I assume I am responsible for payment of the bounced cheque - but if the cheque was cancelled with no knowledge from me, and the cheque was presented in good faith (obviously it was), where do I stand legally?

 

And if as expected, I am responsible, can i make a payment plan?

 

i was hoping to get some kind of advice before I speak to them. I have tried the CAB but they are just too busy, and I am hoping to get this resolved asap due to the impending threat of possible police action for something which my employer is responsible.

 

thanks for any advice, Sorry it's War and Peace :)

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