Claiming money owed to me from a company

boriscat

Hi

Please can anyone provide anymore advice on this matter?

I am owed money from a company that I had hired a private function with.
The company have double booked my function, and all though my booking was taken first they are refusing to honour it on the original date.

I have asked for a refund, which at first they tried to refuse as they say the booking was taken by a previous owner, but since have agreed to refund as I have evidence to prove they were the owners of the company when my booking was taken.

I had paid for the booking in cash and have written confirmation of its receipt, but the owner refused to refund in cash and offered a cheque. I accepted the cheque, but it has since bounced.

I am about to start proceedings to put together a claim in the small claims court, and wondered if anyone had any advice steps I should follow to make sure my case is as strong as possible.

Thanks

mountainofdebt

I think what you need to do is write a letter outlining the facts (ie they admitted that they owed you the money due to the double booking by giving you the cheque which subsequently bounced) and that they have 14 days to give you cleared funds in replacement and that if they don't then you will seek legal means to recover the money the costs of which will be added to the sum owed.

After the 14 days start an online small claims claim and then take it from there.

Keep all copies of correspondence and bounced cheque as if it does get to the court stage, this will be evidence.

hippyadam

The only defence to a bounced cheque is fraud Ie someone forged the signature. So if they do try and defend in court they are stuffed as they have already admitted the debt...

As stated write to them giving 7 days to pay (they've had long enough frankly) if no payment on day 7 then go to money claim online and start proceedings. If you incurred any charges when the cheque bounced i would include those in the claim too frankly.

Equaliser123

Assuming that the amount claimed is less than £500, I would just issue proceedings in the County Court straight away. As others have said - there is no defence. Make sure you keep the cheque as evidence.

A cheque bouncing is also, potentially, a criminal offence. So "persuade" them to cough up with the cash or a crime will be reported.

hippyadam

Equaliser123 wrote: »

A cheque bouncing is also, potentially, a criminal offence. So "persuade" them to cough up with the cash or a crime will be reported.

What offence? And good luck with getting the old bill interested in what they will undoubtedly view as a civil offence...

OP personally i would steer clear of intimating any kind of police action and just issue...

Equaliser123

hippyadam wrote: »

What offence? And good luck with getting the old bill interested in what they will undoubtedly view as a civil offence...

OP personally i would steer clear of intimating any kind of police action and just issue...

No such thing as a "civil offence".

Yes, writing a cheque where there are no funds is an offence of dishonesty. I've personally involved the Police in such a matter and was surprised that they were (unusually) well geared up for this sort of thing..

From: http://www.adviceguide.org.uk/CY/index/your_money/money_management_index_ew/banking_index_ewsni/cheques.htm
"It's not against the law to stop a cheque. However, it is a criminal offence to hand over a cheque with the intention of stopping it later, although this can be difficult to prove. If you hand over a cheque knowing that the bank or building society won't pay the amount, that is, it will bounce the cheque, this is also a criminal offence."

Optimist

A bounced cheque whilst good evidence in court is rather worrying. Was it bounced because of insufficient funds or was it stopped ?

As others have said raise a claim in the county court but are you sure this company has sufficient funds/assets to pay if/when they lose ?

pinkshoes

I'd send them a recorded delivery letter entitled "Letter before action" giving them 7 days to pay up, or you'll take it to court.

Small claims court online will only cost about £30, which they have to pay when you win.

DCodd

May I suggest that you could contact the Company and inform them that the cheque has bounced, include it in your "letter before action" if you like but give them the chance to address the situation. There could be a legitimate reason for the cheque not being honoured.

boriscat

Hi All,

Thanks for your messages. I have sent a letter of action today via recorded delivery. I don't feel that I should waste any more time giving them the chance to mess me about any more. They have had 3 weeks to do the honourable thing, and have obviously chosen not to.

I called them yesterday to give them the opportunity to explain why the cheque had bounced, and to inform them that I would be taking the matter further via the small claims court if they did not provide a solution, they told me to do my worst if I thought I could get anywhere.

So lets just hope that the truth prevails!

hippyadam

Equaliser123 wrote: »

No such thing as a "civil offence".

Yes, writing a cheque where there are no funds is an offence of dishonesty. I've personally involved the Police in such a matter and was surprised that they were (unusually) well geared up for this sort of thing..

From: http://www.adviceguide.org.uk/CY/index/your_money/money_management_index_ew/banking_index_ewsni/cheques.htm
"It's not against the law to stop a cheque. However, it is a criminal offence to hand over a cheque with the intention of stopping it later, although this can be difficult to prove. If you hand over a cheque knowing that the bank or building society won't pay the amount, that is, it will bounce the cheque, this is also a criminal offence."

That is all well and good, but you have to prove dishonest intentions, Ie how do you prove they knew the cheque would bounce? Psychic? Sodium Pentothal?

Anyway the old bill will barely stir for multi million pound frauds, what chance does the OP have for a small claim?

OP go get em, you can fill all the forms in online and issue immediately on day 8.

Although getting judgement might only be half the battle, but let's cross that bridge when we come to it...