Buyer cancelled cheque after I had posted item

monkeymoomoo999

If it went to a small claims court, how do they find out whos signed for the item? as the post man and buyer are going to not say it was them?

sarahg1969

You can issue proceedings proceedings for a dishonoured cheque, rather than for non-payment of the item (debt).

soolin

monkeymoomoo999 wrote: »

If it went to a small claims court, how do they find out whos signed for the item? as the post man and buyer are going to not say it was them?

I think you are worrying about the wrong thing and need to refocus on things that matter.

You have proof of delivery to the address supplied by the buyer, it is not your problem that postman appears to have deliberately (?) delivered it elsewhere whilst obtaining a signature to show it has been delivered safely- that is the buyers problem. Your problem is getting paid for the goods.

ERICS_MUM

If the bounced cheque has been stamped/marked "Refer To Drawer" it will not be accepted if you try to pay it in again. (There used to be another phrase "Refer To Drawer, Please Re-present" which meant that you could pay it in again. Does this still exist?)

Also a while ago, I thought a cheque could be bounced back at any time after the 2 4 6 rule IF it is proved to be fraudulent. Has this changed ? (I retired from banking and have lost track of the rules now)

Thanks

Linda

notts_phil

Your wasting your time with court proceedings. People seem to think that by going to court they will get their money. How wrong they are!. The threat if court action may however do the trick!

soolin

ERICS_MUM wrote: »

If the bounced cheque has been stamped/marked "Refer To Drawer" it will not be accepted if you try to pay it in again. (There used to be another phrase "Refer To Drawer, Please Re-present" which meant that you could pay it in again. Does this still exist?)

Also a while ago, I thought a cheque could be bounced back at any time after the 2 4 6 rule IF it is proved to be fraudulent. Has this changed ? (I retired from banking and have lost track of the rules now)

Thanks

Linda

The link in post 14 explains it well

http://www.chequeandcredit.co.uk/246/-/page/113/

eeeeeee

just dropped you a pm

monkeymoomoo999

ERICS_MUM wrote: »

If the bounced cheque has been stamped/marked "Refer To Drawer" it will not be accepted if you try to pay it in again. (There used to be another phrase "Refer To Drawer, Please Re-present" which meant that you could pay it in again. Does this still exist?)

Also a while ago, I thought a cheque could be bounced back at any time after the 2 4 6 rule IF it is proved to be fraudulent. Has this changed ? (I retired from banking and have lost track of the rules now)

Thanks

Linda

Yes I found this out today thanks.

monkeymoomoo999

I think even if I went to small claim court then they cant prove who has the item.
I am 99% sure the buyer has it, but 1% the postman may have nicked it but surely not a recorded item.

hermum

monkeymoomoo999 wrote: »

I think even if I went to small claim court then they cant prove who has the item.
I am 99% sure the buyer has it, but 1% the postman may have nicked it but surely not a recorded item.

Like the postie sent a cheque that bounced? Only paid after you opened a NPB, his Paypal wasn't working.
I would have thought that would be a strong indication of the integrity of your buyer.
Now he's pointing the finger at the postman.