Bounced cheque help

pointyhat

Got a situation on my hands which is irritating.

I wrote a cheque for my local chinese takeaway on my anniversary. They delivered entirely the incorrect food and drinks with the order which I didn't get to check as it was all packaged before the buy left (5 items incorrect!!!). I called them up and they put the phone down on me on the night obviously because they didn't want to deal with it.

I DID NOT show a guarantee card to the person collecting the cheque.

Now as Karma had it, on the day of the cheque being cashed (3 weeks after it was handed over), I did not have enough money in my account to honour the cheque so it bounced. This is the first cheque that I've written that has bounced ever (and I'm on cheque number 438)!

Now they're getting the !!!! with me for obvious reasons. I've tried to be reasonable with them over the issue (trying to get a compromise) but I'd really like to tell them to shove it as I ended up with a miserable evening slopping up horrid food I didn't order and a load of hassle.

Is there anything they can do legally speaking? Or can I just tell them to go away.

The sum is for £24 so I doubt it's worth them going to court over it.

Any help appreciated!

Fiddlestick

Do you ever want to order from there again?

pointyhat

Fiddlestick wrote: »

Do you ever want to order from there again?

Nope. Not after that horrid meal.

stclair

Did you state your dis-satisfaction at the time you was unhappy with the service?

Have the bank not charged you for bouncing the cheque?

pointyhat

stclair wrote: »

Did you state your dis-satisfaction at the time you was unhappy with the service?

Yes I tried. They put the phone down on me.

Mark_In_Hampshire

I'd write to the restaurant, setting out what happened:

1. You placed an order
2. The order delivered was incorrect (give details)
3. You attempted to resolve the matter with them at the time and were unable to (saying why)
4. You are prepared to pay X for what was supplied and a cheque is enclosed

"X" should be something reasonable in proportion to the error, e.g. if you were vegetarian and all meat products were delivered, that would probably be zero. However I'm assuming you are some of what they did deliver, so list those items and pay for only those.

pointyhat

Agree with the letter. I'm not sure proportional payment fits. I had to go out and purchase additional stuff to complete the meal (damn quickly I'll add). I also paid for the entire meal as one unit/experience/event however you look at it.

Mark_In_Hampshire

Thinking simply from the point of view of:

- maintaining the "moral high ground", and
- in the event any legal case should arise, and
- making it clear that "this is all you're going to get, and at least it's something"

..a partial, even token, payment (taking into account your inconvenience) along with that letter stands you well in the clear.

jonesMUFCforever

First of all they have one of your cheques - that is all they need in a court of law to win their case against you.

Quality of the food is something completely separate.

AnonymousForObviousReason

jonesMUFCforever wrote: »

First of all they have one of your cheques - that is all they need in a court of law to win their case against you.

Quality of the food is something completely separate.

In a restaurant (when eating before paying) you can object to the price you're charged if you had problems and negotiate the final price. This is why when you're eating you're normally asked how your meal is (sorry they aren't just being nice but covering themselves - cause if you say fine, you're agreeing it's acceptable so if you object later when bill presented you've lost your argument).

As jonesMUFCforever said the problem you have is that you've already paid and didn't stop the payment, rather it's because you've had the opportunity to withhold payment you're doing it now (so very difficult for you to argue now). I agree with trying the reasonable payment letter idea, you need to ensure that you've got something on the cheque that states this is a reduced payment for the meal on date x (else could just claim you came in again for different meal and still peruse this one).

Good luck

bengal-stripe

Mark_In_Hampshire wrote: »

- maintaining the "moral high ground", and
- in the event any legal case should arise, and
- making it clear that "this is all you're going to get, and at least it's something"

　
I’m afraid, the OP has lost the moral high ground. - There is no contemporaneous expression of the OP’s dissatisfaction.

pointyhat wrote: »

I called them up and they put the phone down on me on the night obviously because they didn't want to deal with it.

If they take-away put the phone down, why didn’t the OP write a letter straight away, why did s/he stop the cheque, advising the take-away that this was done? Did the OP provide a list of what was ordered and what was delivered?
　
So the cheque bounced (due to insufficient funds) and now it looks, some three weeks later, the OP coming up with a bunch of reasons why s/he should not be liable for the payment. The fact of a bounced cheque will override anything.

Just pay the 24 quid, put it down to experience and move on. Don't damage your internal bank-score any further by the cheque bouncing a second time, or even worse, have a CCJ against you.