Shops not accepting cheques

[Layla_ck]

Exactly my point, having the funds to pay is not the same as having an acceptable method of payment?

[patdavies]

yes but funds would be defined as legal tender - it might be well and good having enough gold to pay for the transaction but they are far less likely to accept that than a cheque, even though it has actual intrinsic value whereas a cheque doesn't.

 

If your point about having funds is valid, then this would also amount to them refusing credit cards - since exactly the same argument applies.

 

Don't get hung up with legal tender - it has a very narrow definition and relates only to court payments. Outside this, the parties to any contract can agree payment in whatever amount and by whatever method.

 

A notice on the pump stating that you must have funds to pay before filling does not restrict the use of cheques, credit cards or even cash.

 

A notice on the pump stating that cheques are not accepted is perfectly valid and by filling, you agree that you cannot pay by cheque.

 

A notice on the till stating that cheques are not accepted is not valid as the contract was entered into when you first started pumping - the garage cannot alter the terms of the contract after that point without your express agreement.

 

Any restrictions as to how and what you pay must be available to you before you enter into the contract by starting to pump (the garage enters into the contract by releasing the pump to dispense).

 

I would write the cheque, leave it on the counter and drive away. No offence is committed unless and until the cheque bounces.

[blacksheep1979]

just because they say the only means of paying is legal tender ie cash at the pump doesn't stop them being able to take cards at the till but does rule out the taking of cheques.

[shelter pie]

Do you think cheques are going to be phased out full stop?

 

I pay my monthly mailorders by cheque - and rather enjoy this method!

 

I have on numerous occassion tried to set up internet payment etc etc - and on most occassion it has been a complete b**** up

[Guest Bert52]

I've heard of some process where you leave them a 7-day IOU in that situation...? I heard it on CAG somewhere, someone'll know.

 

Correct.

 

You fill out a form with your details and car reg and agree to pay the amount in 7 days. If you fail to do so within that time then the debt can be passed on for collection.

 

I actually filled up on a Thursday knowing full well I had no money until the Friday and I just said I forgot my wallet. I had to fill in this form and I paid the next day.

 

However, I believe I actually committed theft as I knew I had no funds to pay at the time.

[jaxads]

I went to a local petrol station (not one of the "biggies") convinced that I had my debit card in my pocket. When I went to pay what I handed over was my Boots Advantage Card

 

Left personal details and went back later that day with the cash!!!

[ladybird17]

thanks jaxads, I tried to get money out of an ATM with my nectar card!

It's the same as when I'm sitting watching the tv and the phone rings and I pick it up & wonder why it's still ringing only to find I'm trying to answer with the remote control.

[Movingon]

However, I believe I actually committed theft as I knew I had no funds to pay at the time.

 

Incorrect; because you had no intention of permanently depriving them of their money or fuel, and you were not acting dishonestly.