advice

carylh43

where do I stand when I paid a bill by cheque sent through the post to a large reputable company for £700 and 10 days later it shows as being cleared from my account yet the company state that they have not received payment, I rang them and was told that the cheque wasnt recieved and I told them it shows as being cleared on my bank statement but they were supposed to ring me back hours ago, but on ringing them the office is now closed and I dont fancy a sleepless night worrying so any advice will be grateful, where do I stand?

thecotswolds

Ask your bank for a copy of the front and back of the cheque. Then send a copy of this to the company and they should accept their mistake and put it right.

Willman_Rodders

This tests the old braincells but I recall.... Cheques Act 1957 Section 3 reads ...

An unindorsed cheque which appears to have been paid by the banker on whom it is drawn is evidence of the receipt by the payee of the sum payable by the cheque.

The Act is still valid today, though it has been upgraded with the 1992 Act.

Banks nowadays do not accept endorsed cheques - because all cheques are crossed 'account payee only' automatically. So, assuming you issued your cheque correctly - in the sense of spelling the payee's name correctly - you can prove that the company have had their money. It's just a case now of obtaining a copy of the cheque as 'thecotswolds' suggests and advising the company of the date it was debited to your account. The company will then be able to work back to determine what date they paid the cheque into the banking system. if they don't play ball quote this Act to them.

HTH,

Rod

carylh43

Thanks for the responses, I am going to contact the bank first thing, thanks again, Caryl:T