cheque help anyone please

wanttosave

hi all .Hope i have posted this in the right place . I have a problem with a cheque i have been given . It is from a company that has to have two people to sign it . It is a husband and wife that have split up (long story ). I have done and finished the job and this is the last cheque . He has signed the cheque and given it to me to ask her to sign but as of yet she has refused to . What can i do . Any ideas please .

JanCee

If the cheque is for less than £5000 you could take a chance and pay it in anyway. Banks don't check every cheque that goes through an account. Don't draw anything out against it until you are sure it will not be returned (give it about 10days). Any dispute arising after that should be between the Bank and the account holders.

If it is for more than £5000, or if you are not comfortable paying it in, then you should go back to the husband and ask for cash. He should not have given you a cheque he knew wasn't signed in accordance with his bank mandate.

wanttosave

thanks janCee . yes less than 5000 . i think i am a pawn in her game . as she is not getting her own way . he cant get cash as its from a joint business acc.

JanCee

This is really unfair on you though. You should not be caught up in their marital dispute. If they owe you money then they should pay up.

wanttosave

i have been round to her home . her car is on the drive but kids say she is not in . what is worrying me is my mortgage is due soon could do with the money .

greyteam1959

I agree with Jancee it will probably go thro cos most cheque handling is done automatically these days.
But give it 10 days minimum before you draw on it.
I agree very unfair to use you like this.

mountainofdebt

Personally I would write a letter to the business, enclosing the partially signed cheque (take a photocopy though!) and state that unless it is returned to you signed in a manner so that you can present the cheque within 14 days you will take the appropriate legal action (small claims court but don't say that!) and that the business will be liable for all costs incurred.

The trouble with presenting the cheque in its current form is that it could be returned after the 10 days and then you could be in a bigger hole if you have used some of the funds.

firesidemaid

just a couple of thoughts that i have learnt from this site!

1) they/she are/is in breach of contract if they have knowingly presened you with a cheque that is not valid

2) if you are given a cheque that will knowingly bounce then that is potential fraud and you can involve the police.

perhaps put a polite note through the door mentioning these facts.

wanttosave

hi all . thanks for all your advice . i am back off round to her house sunday , hope to catch her in . will keep you posted .

bekkithedevil

The company I used to work at gave out cheques only signed by one person if the other person was on holiday or something on more than a few occasions. All the cheques we sent out like that cleared so I imagine yours will too, just depends if you want to chance it I suppose!

Hope that helps

Bekki

LITTLE_LISA_2

id ask for cash !!!! flippen cheeeeeeeeeeeeeeeeeeeeeek !

its not your fault about there marital probs !!!