Who pays what?

[steampowered]

A cheque isn't just a form of payment, it is a legal 'promise to pay'. If the cheque bounces you would be able to sue him on the basis of the cheque without worrying to much about proving the other stuff. Ideally save a photocopy of the cheque just in case.

[jowalshy]

Thanks steampowered, I'll do that right now. My mum did say something on the lines of if it bounces then it would be a court offence.

[Conniff]

A cheque - Nice.

 

 

That means he has now said he owes you that money and there is no getting out of it. Other than that, I was going to say all that Steampowered has said. Scan the cheque and keep a copy or two just in case.

[jowalshy]

Thanks connif. Do I start the ball rolling with a 7 day LBA for the additional costs I have incurred or do I wait and see if the cheque clears?

[Conniff]

Did you mention the out of pocket expenses you have incurred?

 

 

If not, get them down on paper in a chronological order and present that to him by recorded letter. You won't be able to do that until Monday after you have paid the cheque into your account.

I can't remember, it's been such a long time since I used a cheque, but I believe you can request express clearance which will probably cost a tenner, but in my opinion would be worth it.

If it is still available, that would mean the letter should arrive at the same time as the cheque should clear.

 

 

After he has received your request for payment of out of pocket expenses, then if he don't make contact or refuses, you send the LBA.

 

 

Do you have this mans full name ?

[jowalshy]

Hi Connor. His full name was on the cheque he gave us. I'll draft up a letter tomorrow ready for sending off. I think the banks still offer an express cheque clearance service but I don't think that it guarantees that it will clear quicker.

[jowalshy]

Stupid auto correct. I meant conniff

[raydetinu]

banks operate on the 2,4,6 rule!

bank transfer or cheque credited to your account in two days.

you can draw on it in four days

however the money does not become yours until six days ( i.e. they can take it back if cheque cancelled ).

[Conniff]

If a cheques should be cancelled, that makes no difference. By issuing the cheque he as said that he owes that amount and a cheque would be all that is needed in court to get enforcement of payment.

Should the amount on the cheque be wrong, he would still have to pay the cheque but then claim the overpayment back.

[raydetinu]

I was just pointing out the time period that it could be cancelled, just so they are aware of the possibility and not to use the money until cleared.

[jowalshy]

Well I paid the cheque in this morning. I asked about the special clearance and was told by the cashier it really wasn't worth the £20 fee as it only let you know if the cheque would clear and not that it had cleared quicker. I only have to wait until Monday now.

 

Finger are crossed that it does clear.

[Conniff]

It might appear in your account tomorrow or Wednesday, but that doesn't mean it has cleared, so don't draw any if it should.

[raydetinu]

six days from when you paid it in, then its yours