Cancelling a cheq to stop payment (intentionally breech contract) is Fraud!

JethroUK

Writing a cheque is a promise to pay and forms part of a contract

If you them cancel the cheque (in order to withdraw payment) it's Fraud!

The 'intent' to breech contract makes it fraud - just like writing a promissory note - then refusing to actually pay

Lot of people think cancelling cheques is some sort of get out clause - it aint - it's fraud

Then why are you allowed to cancel cheques? - The only right you have to cancel a cheque is if it's lost/stolen - Thats It!

Watched Judge Judy other day where she berated a retailer for using a fraud officer to investigate a cancelled cheque, saying presenting stolen cheqs is fraud but cancelling a cheq is not fraud

Well it is! Thats a Fact - Hence the fraud officer got involved - hence the retailer stated she used them alllllll the time for cancelled cheqs - to which the Judge said she was lying

Had to get that off my chest


To Judge Judy - You may know lots about 'family court' but you still have a lot to learn about contract laws and motoring offences

MothballsWallet

Isn't Judge Judy American and they've got Federal and State laws to completely muddy the waters, so perhaps in the good old US of A cancelling a cheque isn't assumed to be fraud until the recipient can prove it?

I'm just chucking on my US$0.02, which is now worth less than £0.01.

shaun_from_Africa

MothballsWallet wrote: »

so perhaps in the good old US of A cancelling a cheque isn't assumed to be fraud until the recipient can prove it?

As it's the US being discussed, shouldn't it be cancelling a check?

vikingaero

Different laws. In France I believe it is a criminal offence to have a cheque bounce.

But is cancelling a cheque fraud if there has been non-performance by the seller?

arcon5

There are a few defences for cancelling a cheque in the UK... You can't even defend a court case for a cancelled cheque on the grounds of unsatisfactory work. However the police wouldn't be interested unless there was clear evidence of fraud, such as using a third parties cheque book, pretty much everything else would be passed off as a civil matter.

But as said, judge jury is an American program so the laws it applies is t relevant here

arcon5

This article is very informative

http://www.lyonsdavidson.co.uk/news/2063/the-pitfalls-of-paying-by-cheque

neilmcl

Looks like someone's been on the Christmas sherry early this morning. What has Judge Judy got to with with any UK legislation!

Seasons Greetings to you all.

antrobus

JethroUK wrote: »

....To Judge Judy - You may know lots about 'family court' but you still have a lot to learn about contract laws and motoring offences

To Jethro UK;

(1) Judge Judy is American; SFA to do with UK law

(2) Judge Judy is a TV Show; it's not a real court. Ms Sheindlin is on record for stating that she bases her decisions on "common sense" rather than the law.

Valli

Looks like somebody got a cheque that bounced;)

arcon5

antrobus wrote: »

To Jethro UK;

(1) Judge Judy is American; SFA to do with UK law

(2) Judge Judy is a TV Show; it's not a real court. Ms Sheindlin is on record for stating that she bases her decisions on "common sense" rather than the law.

That's interesting, didn't actually realise that. Seems your right though.

Judge Judy is an American arbitration-based reality court show, presided over by retired Manhattan Family Court Judge Judith Sheindlin. The show features Sheindlin adjudicating real-life small claims disputes within a simulated courtroom set.[2] Prior to the proceedings, all parties involved must sign contracts, agreeing to arbitration under Sheindlin.

prowla

shaun_from_Africa wrote: »

As it's the US being discussed, shouldn't it be cancelling a check?

If it's US, I think it should be "canceling" (one 'l').