Bounced Cheque -Please help!

boo80

Thanks V.Lucky. I've just phoned the bank to check that and they said that it's down to branch discretion, so I'm going to a different branch tomorrow. Lend me some of your luck please! x x

want2Bdebtfree

You have already given her time to pay and have told her you will take the matter further. Perhaps you could sent one final letter advising her that if payment is not received and clearing within the next 7 days you shall no alternative but to seek redress through the small claims court. Your customer may be playing a game just to see how much she can get away with. If she does you can bet she will be telling all her friends. Ultimately you may have to put it down to experience but don't just give away your money without a fight.

NikkiP_2

Refer to Drawer means there is no money ( or not enough) and unlikely to be ( in the banks opinion) The branch will not accept the same cheque being lodged again.

Refer to Drawer , Please represent , is another option the bank has and this means there is no money ( or not enough) at the moment but try again because it is likely there will be money at a future date ( in the banks opinion).

fuzzball172

This works for me, write her a letter stating that her original invoice is now overdue and accuing interest using this phrase 'In accordance with the ‘The Late Payment of Commercial Debts (Interest) Act 1998’, these invoices now attract the following statutory interest and debt collection fees.' and then provide a breakdown indicating the amount outstanding, interest charged at 13% plus a debt recovery fee of £40.
You end the letter stating that the amount due and that the non payment will incur further interest charges and action via court or debt collection agency.
And here's the bit that works, add a final line that says, if payment on the above invoice has already been made, please ignore this letter. I find a cheque for the orginial invoice amount in the post a few days later.

You could also find a couple of large lads you know to go round and enquire about payment.

Hope you get paid...

Premier_2

fuzzball172 wrote: »

...‘The Late Payment of Commercial Debts (Interest) Act 1998’, ...

It only applies insofar as it gives businesses a statutory right to claim interest from other businesses for the late payment of commercial debt.

There is no indication this lady is a business.

fuzzball172

ah, my bad...

stick with option 2, ask a couple of large lads to drop by to talk about the debt...

zzzLazyDaisy

Actually, your suggested letter could be useful if amended... before any court proceedings can be started, a letter before action must be sent in any case, something along the following lines may do the trick...

Dear Ms Bloggs

I refer to recent correspondence regarding this matter.

Unfortunately the cheque which you rendered in payment of goods purchased on [date] has 'bounced'. I have attempted to contact you to discuss this matter, but without success.

As you may be aware, it is unlawful to dishonour a cheque. I am therefore left with no alternative but to inform you that I require payment of the outstanding sum of [insert figure] in full in cleared funds no later than [insert a date 14 days ahead], failing which I will commence legal proceedings for full payment of the debt, together with interest at the statutory rate of 8%, and court costs. No further notice will be given. If you have already forwarded the monies owing, please ignore this letter.

Yours etc

greyteam1959

I wonder why nobody has told you this..........
To issue a cheque knowing that there are insufficient funds to cover the cheque is FRAUD.
Therefore you should contact the police.
It may not be of any help to you to get your money back but if the person in question is bouncing cheques all over the place the police WILL take action & prosecute.
Oh by the way.....don't take no for an answer from the police be firm / polite / but insist that they treat it as a crime.

This is the Law.........
' in that you dishonestly made a false representation, namely using a cheque book knowing that there were insuffiecient funds to meet the payment required, intending to make a gain, namely receive goods, for yourself.
Contrary to sections 1 & 2 of the Fraud Act 2006.'

Premier_2

mervyn11 wrote: »

...Therefore you should contact the police...

Don't bother!

The police will certainly not be interested in a bounced cheque for £210.

greyteam1959

Premier wrote: »

Don't bother!

The police will certainly not be interested in a bounced cheque for £210.

Oh yes they will my friend.

I made my post based on personal experience.
The cheque that I had that bounced was for £99.00.
The guy received a nine month suspended sentence AND a compensation order.
Inform the police.