Problems with company and bounced cheque

catmiaow

I ordered a takeaway about a month ago and paid by cheque, the takeaway was awful and we left alot of it, the next day I was ill.

I called them up and left my details and told them I would be cancelling the cheque due to the problems with the food, didn't hear anything about it until today.

Today they have turned up on my door demanding the money plus £3 charge that they were charged because of the cancellation of the cheque, I told them I would not pay and explained why.

Now what should I do now and where do I stand?

Thanks in advance.

PNPSUKNET

it is ilegal to cancel a cheque, unless lost in the post they have every right to chase payment.

opinions4u

PNPSUKNET wrote: »

it is ilegal to cancel a cheque, unless lost in the post they have every right to chase payment.

That's a new piece of legislation on me. Do you have a link to it? Or are you just guessing?

PNPSUKNET

the cheque was offered as a form of payment, the seller has a right to cash it and if you have a dispute you take this up. They have every right to chase it

PNPSUKNET

11 Obtaining services dishonestly
(1) A person is guilty of an offence under this section if he obtains services for himself or another—
(a) by a dishonest act, and
(b) in breach of subsection (2).
(2) A person obtains services in breach of this subsection if—
(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c) when he obtains them, he knows—
(i) that they are being made available on the basis described in paragraph (a), or
(ii) that they might be,
but intends that payment will not be made, or will not be made in full.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).
(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months

Fraud Act 2006

zzzLazyDaisy

opinions4u wrote: »

That's a new piece of legislation on me. Do you have a link to it? Or are you just guessing?

It is the Bills of Exchange Act 1882. It is unlawful to dishonour (bounce) a cheque.

The only defence to a dishonoured cheque is that the person in possession of the cheque fraudulently obtained it.

opinions4u

PNPSUKNET wrote: »

11 Obtaining services dishonestly
(1) A person is guilty of an offence under this section if he obtains services for himself or another—
(a) by a dishonest act, and
(b) in breach of subsection (2).
(2) A person obtains services in breach of this subsection if—
(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c) when he obtains them, he knows—
(i) that they are being made available on the basis described in paragraph (a), or
(ii) that they might be,
but intends that payment will not be made, or will not be made in full.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).
(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months

Fraud Act 2006

None of that is relevant to a civil dispute over the quality of goods and services though.

It is not, to quote you, "ilegal to cancel a cheque, unless lost in the post". There are many circumstances not covered by your post above that allow for the cancelling of a cheque.

zzzLazyDaisy

opinions4u wrote: »

None of that is relevant to a civil dispute over the quality of goods and services though.

It is not, to quote you, "ilegal to cancel a cheque, unless lost in the post". There are many circumstances not covered by your post above that allow for the cancelling of a cheque.

No there are not. The ONLY time that it is lawful to cancel a cheque, is if the cheque was obtained fraudulently.

If you have a civil dispute about the quality of goods or services you may sue for breach of contract, but if you simply bounce the cheque the receipient may make a claim in the small claims court for recovery of the money. The claim would not be a breach of contract claim or a debt action, but a claim for a dishonoured cheque. Since, in your case, the cheque was not obtained fraudulently, you would have no defence (alleged poor quality of the goods or services is not a defence, and you would not be permitted to defend the claim on that basis)

princess_loki

in my opinion you should not have cancelled it - they supplied the food didn't they? the fact you didn't like it could have been just your personal opinion. they have every right to demand payment as far as i am concerned - you are lucky that they are complying with the law and have asked nicely. if the food was that bad you should have phoned them that night, explained politely and asked them to take the remainder of the food and return your cheque - doing that would have saved the situation you are in now.

i felt awful once when i realised i had paid for a chinese with a cheque book that had been cancelled (just after i was burgled). i phoned up as soon as i realised and they came and collected a new cheque from me that evening. they were extremely grateful that i was honest and now i get a wonderful service from them - to the point that i don't even have to order the minimum amount to get free delivery. worth being honest!!

CHALLISAVENUE

opinions4u wrote: »

That's a new piece of legislation on me. Do you have a link to it? Or are you just guessing?

FYI the issuer of any cheque based payment may cancel the cheque at any time before it has been presented for clearance,most banks charge a fee for this,in this case the OP has done the correct thing and the matter should now be resolved direct with the company/take away that the cheque was issued to.

Some people seem to make things up as they go along, at least get your facts straight before commenting PNPSUKNET :D:D:D:D:D:D


Kelly

CHALLISAVENUE

catmiaow wrote: »

I ordered a takeaway about a month ago and paid by cheque, the takeaway was awful and we left alot of it, the next day I was ill.

I called them up and left my details and told them I would be cancelling the cheque due to the problems with the food, didn't hear anything about it until today.

Today they have turned up on my door demanding the money plus £3 charge that they were charged because of the cancellation of the cheque, I told them I would not pay and explained why.

Now what should I do now and where do I stand?

Thanks in advance.

Forgot to add, you do realise the calorie content of chinese food dont you:D:D:D:D

Less take aways would help your weight loss goal no end :D:D:D:D:D,not to mention not having the chinese round at your place demanding payment for any more cheques you choose to cancel just because your prawn crackers werent up to scratch ;);););););)


Kelly