did I have any protection when paying by cheque

LaDiva_2

To cut a long story short a webdesigner i paid to hand my business website designed by has shut down his business leaving me out of pocket.
I contacted my bank about the situation and have been told to write to them to see what they can do? Is this just a way of telling me they can't help because o was silly enough to pay by cheque?
Trading Standards are involved too, however I want to find out what other channels might be avilable in my problem.
TIA

Diva

bris

I can't see how the bank can help tbh, they use the 2-4-6 system for cheques now so once the 6 working days are up it can't be reversed.
I wouldn't hold out much hope with the trading standards either, unless there has been a massive fraud involved, even then it wouldn't get you your money back.
The best thing to do, if you know who and where he is, is to start a small claims action against him for breach of contract.

arcon5

Was he acting as a sole trader or Ltd company?

If the former then you can sue him personally. However, if he has gone bust then there is a good possibility he has no money so it would be a case of is it worth it?

How much did you pay?
Have you been provided with anything?

Naf

bris wrote: »

I can't see how the bank can help tbh, they use the 2-4-6 system for cheques now so once the 6 working days are up it can't be reversed.

It can when it turns out to be fraudulent.

shaun_from_Africa

Naf wrote: »

It can when it turns out to be fraudulent.

No it can't.
Provided that the payee wasn't knowingly involved, if the cheque turns out to be fraudulent at any time 6 full working days after it has been paid into an account then the money can't be reclaimed from the account.
It is the bank who has to accept the loss.

http://www.chequeandcredit.co.uk/information/-/page/111/

After 6 days:

When money has safely cleared with no chance of it being reclaimed without your consent, unless you are knowing party to fraud.

Naf

bris wrote: »

I can't see how the bank can help tbh, they use the 2-4-6 system for cheques now so once the 6 working days are up it can't be reversed.
I wouldn't hold out much hope with the trading standards either, unless there has been a massive fraud involved, even then it wouldn't get you your money back.
The best thing to do, if you know who and where he is, is to start a small claims action against him for breach of contract.

shaun_from_Africa wrote: »

No it can't.
Provided that the payee wasn't knowingly involved, if the cheque turns out to be fraudulent at any time 6 full working days after it has been paid into an account then the money can't be reclaimed from the account.
It is the bank who has to accept the loss.

http://www.chequeandcredit.co.uk/information/-/page/111/

After 6 days:

Then the OP needs to know if this guy has simply 'shut down his business' of his own accord; or if he actually went out of business. If he's shut up shop without reason, and hasn't bothered paying back clients for work not completed then this could be fraud; sounds just like something a con artist would do.

Azrael_1701

I do quite a bit of web work myself, and there arent that many 'real' overheads (except the time involved) so I cant see how he could have went out of business other than by choosing to do so.

arcon5

Azrael_1701 wrote: »

I do quite a bit of web work myself, and there arent that many 'real' overheads (except the time involved) so I cant see how he could have went out of business other than by choosing to do so.

If he was leasing offices and wasn't taking enough money.

If he wasn't making enough money to make a living.



Don't assume all web designers work from a back-bedroom. Nor don't assume running a web design business is any easier than other areas.