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Was my cheque legally valid?

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Comments

  • Johnersh
    Johnersh Posts: 1,584 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    It is not for the o/p to manage the finances of her creditor. So:
    1. If a cheque has been
    1.1 written in full,
    1.2 correctly signed and addressed
    1.3 is for the benefit of the claimant
    1.4  in the amount of the debt then claimed; and
    2. you can prove its been received
    There is a decent basis to defend in full as the debt was discharged in the amount requested.

    The additional court fees, interest etc are unnecessary and disproportionate and, it should be reasoned are irrecoverable, where the principal debt has been paid on time. 

    The only argument I can foresee is if the cheque for the discounted amount (usually £60) arrived after it had gone back up to the full amount (usually £100) and it being argued that this is why it was not encashed. But that's not a proper basis for them to issue proceedings for non-payment. 
  • Coupon-mad
    Coupon-mad Posts: 160,770 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And next time, don't just pay a private parking firm without researching it first.  At the moment, no-one here would say to pay this rogue unregulated industry.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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