Bounced Cheque -Please help!

Premier_2

mervyn11 wrote: »

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.

:rotfl::rotfl::rotfl::rotfl::rotfl:

zzzLazyDaisy

mervyn11 wrote: »

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.

If that is the case, then that person had a history of fraudulent activity and was known to the police and the courts. There is no way someone would get a suspended sentence for a 'one off' dishonoured cheque.

More to the point in order to obtain a conviction the CPS would have to prove beyond reasonable doubt that the person bouncing the cheque knew at the time that the cheque would bounce, and fully intended it to bounce, with the intention of obtaining goods that they had no intention of paying for.

Unless OP's debtor has form for this sort of thing, I can't see the CPS prosecuting in this case - but I suppose a visit from the police to investigate a complaint might encourage a speedy payment....

boo80

Thanks for the responses. The cheque actually DID come from a business account, does that make a difference?

I went to my usual bank today after my phone call to the helpline last night and they would of accepted the cheque again. But, she had a look at the account and told me not to bother I think I'll be wasting my money going to court now. I think I'll go back to the bank next week and see if there is any improvement, otherwise I don't know what I'll do. I can't afford to chase the money, and I can't afford not to

Savvy_Sue

Daisy's letter:

zzzLazyDaisy wrote: »

If you have already forwarded the monies owing, please ignore this letter.

Yours etc

I wouldn't put that in quite like that: it gives them liberty to say "Oh, I posted the cheque again, it must have got lost in the post." Even if they hadn't ...

Not sure what I would say, but maybe someone with more brain working than me atm could make a suggestion.

Also, to the OP, I'd say you CANNOT afford NOT to go to court: if word gets around that you are a soft touch, you'll never be able to accept a cheque again.

zzzLazyDaisy

Yes, okay, fair point.

In that case I'd leave the final sentence out altogether, as it seems to me that any wording is capable of being 'misunderstood'

To OP... At least send the letter before action, who knows, maybe it will prompt her into paying.

ERICS_MUM

I know that £210 is a lot of money and I'd be fuming if someone did this to me, but I think it would be a shame to "waste" police time on it. Take her to the small claims court, let her see she can't get away with it.

Good luck, let us know how you get on.

hippyadam

boo80 wrote: »

Thanks for the responses. The cheque actually DID come from a business account, does that make a difference?

It will make a difference, but depends on the original order placed.

If the order was placed by Mrs Bloggs T/A Bloggs Design or whatnot for a business party then it's a commercial debt and you can add late payment charges etc. :beer:

If it was a birthday party for her say (or some other non business related shindig) you wouldn't be able to add late payment costs etc.

As others have said i personally wouldn't give up without at least going to court. As previously discussed by writing the cheque she has admitted the debt and therefore is not able to defend.

There are a few other good threads on here about bounced cheques etc here & here

vaio

boo80 wrote: »

Thanks for the responses. The cheque actually DID come from a business account, does that make a difference?......

limited company account?

greyteam1959

zzzLazyDaisy wrote: »

If that is the case, then that person had a history of fraudulent activity and was known to the police and the courts. There is no way someone would get a suspended sentence for a 'one off' dishonoured cheque.
QUOTE]

FYI it was not a 'one off' he bounced 12 cheques !!!!!
With 12 different businesses in the area.