Bounced Cheque -Please help!

boo80

I organised a party for a lady at the end of August and she paid me by cheque. The cheque bounced. The lady rang me to say her cheque book and card had been stolen so she had to cancel all her cheques, I was a bit put out but these things happen I guess. I then got a letter from the bank saying the cheque had bounced a
because there wasn't enough money in her account.

She said she was going to send a new cheque when her new book came through, but, no cheque has arrived. I've invoiced her, asking for a cheque or, ideally, a bank transfer, but the deadline has passed and I've had no money from her.

I've tried to ring loads of times but she never picks up. I've emailed saying I'm willing to take it further if I don't hear from her. That was on friday, and still nothing.

Please, can someone advice?! I've been to the bank and they were about as useful as a chocolate teapot. The cheque was for £210 which is a huge amount to me, and I've had to borrow money so I can continue trading.

Gertie_Walker

You will need to take her to the Small Claims Court.

boo80

Is that the only option? I've Googled and seen there is something called Moneyclaim, but can't get that website or the SCC website to co-operate tonight!

Owain_Moneysaver

Moneyclaim is the Small Claims Courts, it's just the online procedure. You can pick up the forms from your local court (assuming you're in the same jurisdiction as the debtor)

You should send a Final Letter Before Action by recorded delivery giving her time to pay before preparing the court papers.

hippyadam

On the plus side, by writing the cheque and bouncing it she has fully admitted the debt.

The only possible defense she has is its a forgery and that sounds unlikely, even more so if you witnessed it being written...

As others have said 7 day letter then small claims!:T

Slinky

Owain_Moneysaver wrote: »

Moneyclaim is the Small Claims Courts, it's just the online procedure. You can pick up the forms from your local court (assuming you're in the same jurisdiction as the debtor)

You should send a Final Letter Before Action by recorded delivery giving her time to pay before preparing the court papers.

Just to clarify, you don't need to visit the local court to instigate action below £5K, it can be done online. I think the last time I used it it was about £35 to start action. These costs can be passed on to the debtor assuming she actually has the money to pay you.

ERICS_MUM

boo80 wrote: »

I organised a party for a lady at the end of August and she paid me by cheque. The cheque bounced. The lady rang me to say her cheque book and card had been stolen so she had to cancel all her cheques, I was a bit put out but these things happen I guess. I then got a letter from the bank saying the cheque had bounced a
because there wasn't enough money in her account.

She said she was going to send a new cheque when her new book came through, but, no cheque has arrived. I've invoiced her, asking for a cheque or, ideally, a bank transfer, but the deadline has passed and I've had no money from her.

I've tried to ring loads of times but she never picks up. I've emailed saying I'm willing to take it further if I don't hear from her. That was on friday, and still nothing.

Please, can someone advice?! I've been to the bank and they were about as useful as a chocolate teapot. The cheque was for £210 which is a huge amount to me, and I've had to borrow money so I can continue trading.

What exactly do you expect them to do ? They're not responsible for the state of this woman's account.

Have you tried going round to the woman's house to discuss it with her ? Or you might be able to put the cheque through again just in case money has now gone onto the account.

boo80

ERICS_MUM wrote: »

What exactly do you expect them to do ? They're not responsible for the state of this woman's account.

Have you tried going round to the woman's house to discuss it with her ? Or you might be able to put the cheque through again just in case money has now gone onto the account.

They were unhelpful, because although we are both with the same bank, the woman I showed the letter to said she may be telling the truth about her book being stolen, until I pointed out to her that the letter (that she'd just read) said there where insufficient funds. They refused to put the cheque through again and told me it was useless. She told me to get a solicitor because it would be cheaper than going through the small claims court. About as useful as a chocolate teapot!

Thank you for the other replies, you've all been really helpful. Oh, and I'm not going to her house because I'm scared of them, otherwise I would.

ERICS_MUM

boo80 wrote: »

They were unhelpful, because although we both you the same bank, the woman I showed the letter to said she may be telling the truth about her book being stolen, until I pointed out to her that the letter (that she'd just read) said there where insufficient funds. They refused to put the cheque through again and told me it was useless. She told me to get a solicitor because it would be cheaper than going through the small claims court. About as useful as a chocolate teapot!

Thank you for the other replies, you've all been really helpful. Oh, andmI'm not going to her house because I'm scared of them, otherwise I would.

SO I repeat - what else did you want the bank to do for you ?

boo80

ERICS_MUM wrote: »

SO I repeat - what else did you want the bank to do for you ?

I'm feeling like you've got a bit of a problem with me? All I'm saying is that the bank were no help. I would of expected them to be able to give me some advice as they are the ones who returned the cheque. They looked at the womans account and then said 'just because there were no funds there then, doesn't mean there isn't now' but wouldn't let me put the cheque through again. And surely it would be more costly to hire a solicitor than to go through small claims??

want2Bdebtfree

Sorry to read all your hassle, we run a small business and will always take non paying customers to small claims, it send the wrong message to other customers if we don't! £35 well spent. Remember you are running a business not a charity you are intitled to your money, she obviously has not disputed the sum so I would go for it and add the court fees to her invoice.

HTH