Bounced Cheque

greyteam1959

I have just had a cheque returned by our bank marked 'Refer To Drawer'
That according to the bank means that there are not, and never will be, any funds to cover the cheque.
In my book this is obtaining goods by deception is it not ???
The police don't seem very interested to be honest, so I intend to try to recover my money using Money Claim Online.
At least if I go down this route the little !!!!!! that bounced the cheque will have the Courts and the Baliffs chasing him and at the end of the day I might not have got my money back but I will have had the satisfaction of giving the thieving sod loads of aggravation.
Anybody had any experience of using Money Claim Online ????
Successfull or not ????
Comment welcome !!

Slinky

Yes I've had various degrees of success with moneyclaim from them paying up when they get the papers including the court fee, paying up not including the court fee, getting judgement and sending in the bailliffs and them then paying.

Currently got one come back saying he's got no money and been advised to make himself bankrupt, so I've gone for judgement against him so it shows on his record, although I doubt I'll ever see a penny of it. Got another waiting for an answer on at the moment.

Sounds as though I've used it a lot, but I haven't had to for two years, then 2 in one month.

You should at least have a good case as his cheque shows intention to pay. Whether he's actually got any money to pay you with, is of course, a very different matter.

I did hear of somebody who got a CCJ against somebody quite some time ago but got the money recently when the debtor applied for a credit card and couldn't get one until the CCJ was paid.

anniecave

Have you tried contacting the person in writing first? Just a polite letter saying the cheque was returned unpaid and you now require payment. It may be that they are having cash flow problems and may not realise the cheque has bounced or something!

kaznelson

It would be advisable that you write to them first, giving them 7 days to pay, including any bank charges you may have incurred. Explain that unless payment is received your will be taking further action. I would get them to pay by another method, cash or credit card, to speed up the process. Send by recorded delivery.

At least if you write to them, they can't then try and delay the action at court by saying they never got your final notice letter.

Don't forget you can also charge a debt collection fee & interest if this a b2b transaction.

mountainofdebt

For goodness sake take about taking a sledgehammer to crack a nut!

Just becasue the cheque has been returned marked 'refer to drawer' means that at the time of presentation there were insufficient funds in his/her account. I'm not surprised the police weren't interested.

Yes write to them by all means but I think in the first instance I would take the attitude that they will be more embarressed about it and will sort it out as soon as you write to them. Obviously if you need to write a second time then I would threaten legal action (but I think you need to give them 14 days before any action is taken) and send it recorded.

greyteam1959

Bit of an update for those of you who have commented........
Have been 'firm' with the local police and they have now become involved.
It appears that the guy has also bounced 6 more cheques in local restaurants and shops.
No funds to cover cheques so now seen as Obtaining Goods By Deception.
Don't think it is worth going down the Money Claim Online road cos its just going to be good money after bad.........
Hey Ho thats life.
P.S.
Don't anyone dare come into my shop and think that they can pay by cheque
EVER EVER AGAIN.

want2Bdebtfree

Do you have any personal details regarding this customer? Actual name address, car details? If so take them to small claims court and if necessary have a charge over their house. They therfore cannot sell - nor can the mortgage co or other loans without you knowing.
We have done this and although we do not think we will get the money in the near future, we can alway go back to court and ask the court to agree for the house to go on the market.
Admitedly this was only after trying to get the money for over 18m. At the end of the day we are trying to run a business not a charity.

lawz21

Hi,

Just wanted to add that i'm currently enforcing the judgement for a customer whose £550 cheque bounced, its taken over 6 months but should be resolved before the end of the month. It does take time, but the courts usually handle the cases very well and take comfort in the fact it happens to most business owners at some point.