[Joe H]

Mike
I dont think anyones mentioned barristers - it really would be silly to go even some way down that path.

but "small" claims can be done over the internet and cost about £35.
You may win but might not still get the money, but they will have a county court judgement against them which means it will be difficult for them to get credit. Thats some satisfaction.

The case I was involved in finished up them paying me at court cause the judge mentioned purjery to them. Frightened the life out of them.

Another poster on here, cant remember who, recommends using Thomas Higgins solicitors to send a letter. Only cost couple of quid.
www.thomashiggins.com

[PaulKing]

I agree with Mike, if it not a fortune and thats the end of it, take it on the chin, chalk it up as another lesson learned.

If it was me and you took me to Small claims,I would do exactly the same to you( counter sue) for the damage caused, So make sure you have the answer and proof  to the question " please prove you didn't damage my tiles"
I don't doubt your innocent but that doesn't mean you will win

[Paul Heath]

Can you not go back and talk to these people and ask to take a photo...you often find dealing with people face to face is far better....but remember to stay calm all the time.

[Mike Halliday]

lets say these people are trying to pull a fast one and know you never caused this damage.

they have shown themselves to be dishonest people, do you think when you take them to court they will suddenly have a change of values or do you think they will put their case across in the same dishonest manner they have already shown?

both of them ( husband & wife)  will swear that you caused the damage, the wife might suddenly remember actually seeing you drop a big metal tool you used to clean the carpet

they might also tell the court how you agreed for them to stop the cheque as an apology for damaging the floor

and if you think I am just making this up....... this is what I would do if anyone took me to court

[james roffey]

You do not have to prove you did not damage her tiles,how do you prove a negative sorry but thats just silly.

 the onus is on her to prove your did damage them. yes you can say anything whenyou get to court, but its whether a judge believes you.

Mike i have been in court countless times and have seen this tactic used many times too,i am not saying judges get it right all the time of course not but they can often tell when someone  is pulling a "fast one"

[Mike Halliday]

get professional legal advice,..... too many armchair lawyers giving answers on here ( me included )

[james roffey]

get professional legal advice,..... too many armchair lawyers giving answers on here ( me included )

Mike i did so just to clarify anything i said on here was the correct advice i worked around solicitors, barristers for over twenty years i spoke to a solicitor friend before i replied in my first post.

 they can have no defence for stopping that cheque.

[james roffey]

Neil if you want some free professional legal advice call David Webb and co solicitors
01702 392939, if you mention its about the stopped cheque Jim spoke to him yesterday about he will know, he's a really nice guy who knows his stuff.

Hope this helps

[wynne jones]

It could be they genuinely think you did it. 

Maybe you did do it and didn't realise (I know unlikely). I would go have a look and try and get an amicable solution. If they are obviously trying it on, I still would consider settling (cheaply). Why? Because you will almost certainly lose more time, money and energy doing otherwise.

The reason most won't is our internal sense of justice, this is where it gets really expensive, yet  if you can let it go you have won already.

[Paul Simpson]

Had my first damage to a customers property just this week. Knocked a ceramic plant pot and matching stand breaking it. 
Customer wasn't around and was forwarding a cheque on so I left a note apologizing and deducting £25 from the invoice to pay for a replacement.
Got a text yesterday "Very pleased with the carpets, not worried about the pot & stand as it was probably past its sell by date anyway, our fault for not moving it and will forward a cheque for the full original amount"
Was half expecting them to tell me it was an heirloom with great sentimental value, very refreshing when you get honesty like that.

Sorry I know it doesn't help with your case Neil.

[Paul Simpson]

Don't mean to change the subject matter but something Neil mentioned earlier in the thread

It is certainley going to make me get cheques guarenteed in the future.

Putting card numbers on the back of a cheque, does it only gaurantee it for a certain amount.....if at all.
Only ask as I had one a few weeks ago in excess of £200 which went "boing" despite me taking & writing the card number on the back when she offered it. Now sorted and had a new cheque with apologies from the customer.
But have since had others offer their card details with cheque payment and thought to myself its pointless anyway. Am I right

[wynne jones]

I heard somewhere it's not valid if you wriie it out , or they write it out, well one of them anyway.

[jasonl]

You are still due payment , simply write to them request payment , tell them the SEPARATE issue of the alleged floor damage will be dealt with by your insurers . Of course do not admit liability.

[Mark_Jubb]

Don't mean to change the subject matter but something Neil mentioned earlier in the thread

It is certainley going to make me get cheques guarenteed in the future.

Putting card numbers on the back of a cheque, does it only gaurantee it for a certain amount.....if at all.
Only ask as I had one a few weeks ago in excess of £200 which went "boing" despite me taking & writing the card number on the back when she offered it. Now sorted and had a new cheque with apologies from the customer.
But have since had others offer their card details with cheque payment and thought to myself its pointless anyway. Am I right

It only guarantees the cheque to the amount shown in the hologram on the reverse of the card. Usually £100, but can be more.
I've also heard that you should write the number on yourself (don't ask me how the bank really know who does it), just what I'd heard though.

[Ian Gourlay]

Sometimes its better to wealk away and have no stress,

Cases like this can consume your time an energy.


No we do not like being taken advantage off.

Is there someone you can hand the legal side over to so you become remote from the action.

Could be a family friend or even another Carpet Cleaner? 

[Doctor Carpet (Ret'd)]

Don't mean to change the subject matter but something Neil mentioned earlier in the thread

It is certainley going to make me get cheques guarenteed in the future.

Putting card numbers on the back of a cheque, does it only gaurantee it for a certain amount.....if at all.
Only ask as I had one a few weeks ago in excess of £200 which went "boing" despite me taking & writing the card number on the back when she offered it. Now sorted and had a new cheque with apologies from the customer.
But have since had others offer their card details with cheque payment and thought to myself its pointless anyway. Am I right

It only guarantees the cheque to the amount shown in the hologram on the reverse of the card. Usually £100, but can be more.
I've also heard that you should write the number on yourself (don't ask me how the bank really know who does it), just what I'd heard though.

Cheque card guarantee values are for £50, £100 or £250.

The card number must be written on the back of the cheque by the payee to make it valid not the payer.

If bill comes to more than the value of the guarantee card then, if you think it's appropriate, take more than one cheque in payment. And the really important thing if you do this is to NOT pay all the cheques in on the same day but pay them in over as many days as you have cheques. This is because the rules of the cheque crd guarnatee scheme say that a payer may only issue one cheque per day to the same payee.

So if your bill is for say £230 and the card guarantee cheques for £100 then you would take 3 cheques off the client for amounts of £100, £100 and £30 and then pay in one cheque a day over at leaast 3 days. In this way you will GUARANTEE  payment.

Mark
Banks know if the payer has written the number on the back through experience. Some payees won't take a card number eg. paying a bill like gas or TV license. Therefore if there is a number on the back it must have been put there by the payer. Other clues are that the number will have been written with the same pen and the bank will cheque to compare the handwriting of the front of the cheque with the handwriting of the number written on the back.

Think this covers all the questions raised about cheque guarantee cards.

Rog

[Henry Roberts]

Am I right in thinking that by the end of 2011 cheques will be finishing and card payments only? At least that way after the initial investment of the mobile card machines, once payment is made it's direct into your account

Henry

[Joe H]

Roger
Does that mean if you get say 3 cheques, the date on each cheque must differ as well.

[Phillip Mold]

Roger
Does that mean if you get say 3 cheques, the date on each cheque must differ as well.

Yes.

They can be paid in together, but must have different dates on.

[Neil Grainger]

CHeers Guys for all advice, going to see Gent today abvout it.

Regards

neil