Bounced Cheque -Please help!

boo80

Thank you!! x x

Premier_2

boo80 wrote: »

... I then got a letter from the bank saying the cheque had bounced a
because there wasn't enough money in her account....

Did you really?

That was rather naughty of them. Usually they would just return the cheque marked "Refer to drawer".

Anyway, as you have now been informed of her bank account status, are you certain she has the funds to pay you?

Unless she has, you could be wasting more money pursuing it.
It may be better to write off the amount and put the matter down to experience.
Credit check all customers or insist on cleared payment before supply.

It may not just be £35 it costs you chasing your tail.
It'll actually be £30 (or £25 online)
If it goes to a hearing it'll be another £25
Then you may have to pay enforcement fees as well before you discover this dear old lady doesn't actually have a penny to her name ... so best to find out before you start throwing good money after bad.

boo80

No, your right, they did say return to drawer and then a letter explaining what that meant, then I got a friend who worked in a bank and one of her jobs was returning to cheques to look and she said there was no money.

The 'poor old lady' has a 4 bedroom house, nice cars, land, and horses

Premier_2

boo80 wrote: »

...The 'poor old lady' has a 4 bedroom house, nice cars, land, and horses

... and beautiful memories of a £210 party she recently had
I wonder if she has paid for any?

Certainly maintenance of them wouldn't come cheap. Might explain why her piggy bank is empty.

System

boo80 wrote: »

No, your right, they did say return to drawer and then a letter explaining what that meant, then I got a friend who worked in a bank and one of her jobs was returning to cheques to look and she said there was no money.

That what you call a good friend. Risking her job to satisfy your inquisitiveness.

boo80

Worked. She's no longer in that industry. Surely reading a letter isn't against any rules anyway??

zzzLazyDaisy

Just to say that in law there is no defence to a dishonoured cheque (well that isn't strictly true, fraudulent use of cheques by another person would be a defence, but that isn't relevant here).

The point is, if you go to the small claims court, the claim should be for a dishonoured cheque, and not a debt, or breach of contract action.

Sample particulars of claim here:

http://www.compactlaw.co.uk/free-legal-precedents/consumer.html#Dishonoured

You can then apply for the case to be fast tracked because there is no defence in law.

Having said that there is a world of difference between getting judgement and getting the money from her. If she is a professional debtor who doesn't care about getting a CCJ you could still be left having to pay good money to try and enforce the judgement.

hippyadam

!!!!!! wrote: »

That what you call a good friend. Risking her job to satisfy your inquisitiveness.

Do give over....

boo80

Thank you LazyDaisy. That is good news! I'm still hoping it won't come to that, but it's good to know. x x

V.Lucky

"Refer to Drawer" means she hasn't got the funds on that date, why not try representing the cheque again, ie paying it in again, to see what happens next time?

I know you say the bank told you that you can't do this, but you can. Just fill out a paying in slip with the cheque and pay it over the counter.

Best of luck.