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Helen

Re: Bounced cheque
« Reply #20 on: May 24, 2011, 07:55:48 pm »
There is always an admin charge of some kind whichever "side" you are on.
Paul make sure you copy the cheque returned from the bank and any correspondence you received along with it. When she gave you this cheque it was a sign of intention to pay, so that means she must have been satisfied with your service.
I would cut out the texting and if you really have to, "speak" to her, but would still go with the idea as per Colin on a hand delivered communication.

Mike Halliday

  • Posts: 11581
Re: Bounced cheque
« Reply #21 on: May 24, 2011, 07:59:37 pm »
is the woman married? ask to speak to her husband, tell him unless you get your money you will kick his effin head in.... tell him he deserves it  because he married a robbing cow and as a married couple they share the responsibility for the money owed

woman play on the fact you will give her some leniency as she is female
Mike Halliday.  www.henryhalliday.co.uk

CATMAN

  • Posts: 217
Re: Bounced cheque
« Reply #22 on: May 24, 2011, 08:20:54 pm »
In law a bounced cheque has no defence in  court . Never mind, it's a bad job, breach of contract, that is no defence. It is a bill of exchange, and has to be honoured.

I only last week, had the bitch from hell in court who bounced a 300 pound cheque, her defence was breach of contract, which as the judge said was no defence,  he ordered her to pay within 14 days with a £100 costs.

I did warn her,  know the law before taking such action, now she has a judgement against her name.


Re: Bounced cheque
« Reply #23 on: May 24, 2011, 08:21:14 pm »
is the woman married? ask to speak to her husband, tell him unless you get your money you will kick his effin head in.... tell him he deserves it  because he married a robbing cow and as a married couple they share the responsibility for the money owed

woman play on the fact you will give her some leniency as she is female

Text copied from the book 'How to win friends and influence people'  ;D

james roffey

Re: Bounced cheque
« Reply #24 on: May 24, 2011, 08:57:12 pm »
She cant wriggle out by now saying she is not happy with the clean, she issued you a cheque for payment.
Iif you follow this through she will lose, but have you got the inclination to do so.

Paul Simpson

  • Posts: 999
Re: Bounced cheque
« Reply #25 on: May 24, 2011, 09:10:52 pm »
Thanks for the replies. Well detailed Matt  ;)

But Mikes response did make me laugh, although she was a single parent as she told me about her husband leaving her...........NOT SUPRISED REALLY!  ;D

is the woman married? ask to speak to her husband, tell him unless you get your money you will kick his effin head in.... tell him he deserves it  because he married a robbing cow and as a married couple they share the responsibility for the money owed

woman play on the fact you will give her some leniency as she is female

derek west

Re: Bounced cheque
« Reply #26 on: May 24, 2011, 09:17:42 pm »
why not offer her a pay monthly option rather than go down the legal route. its an option to consider, single mother, she may just be struggling and to judge her as a bee hatch is quite un professional in my eyes. yes shes dodging paying but at the end of the day she may just not have enough money to pay, either through a big bill just come in or just a mistake in her money allocation.

i'd probably have a chat with her and see what she says. once ive exhausted all the avenues, then i'd call her a bee hatch and take her to the cleaners, ha ha, cleaners, see what i did there, awwww forget it.

Russ Chadd

  • Posts: 1261
Re: Bounced cheque
« Reply #27 on: May 25, 2011, 08:51:02 am »
Just a thought... You said she is a single parent, is she renting the property or is it the house her husband left her in?
The reason I'm asking is because if she is renting and she has just had her carpets cleaned maybe she is looking to vacate.
Seriously.... Don't give this woman any more chances to pay mate, she is taking the p1$$ and has no intention in paying you.
How much would a solicitors letter cost?

terrymaloy

  • Posts: 229
Re: Bounced cheque
« Reply #28 on: May 25, 2011, 09:33:54 am »
Bounced cheques are nothing but a pain.
You dont say how much the cheque was for but for future reference you should note the cheque guarantee card number on the back. (The long number on the card and also check the valid from dates).

It will at least guarantee payment up to £100

TM

Paul Simpson

  • Posts: 999
Re: Bounced cheque
« Reply #29 on: May 25, 2011, 10:38:52 am »
Amount is £120 (upholstery) plus £7.50 bank charge
Not sure on the property situation, just remember her telling me "when my husband left" and 3 loud teenage kids coming home from school.

Derek, although your idea might work I don't think shes the kind of person who would respond to kindly to the suggestion, especially seeing as shes denying that she doesn't have the funds and her words "I've got plenty of money in that account"

Think I'll go with Matts suggestion, nice letter today posted through her door kindly asking for payment and explaining if she sends another cheque and it bounces again, more charges will be added on.
If nothing then a "not so nice letter" explaining I will take on proceedings, and then do so if nothing.

It p*ssed me off a bit with her text responses so intend to follow it through.  >:(

JandS

  • Posts: 4239
Re: Bounced cheque
« Reply #30 on: May 25, 2011, 12:56:43 pm »
There is no charge whatsoever to you
not even an admin charge.
Of the 2 I've had it never cost me a penny
and once I re submitted them I got paid,
mistake on the punters part both times.

"It will at least guarantee payment up to £100"

Aren't they getting rid of that in June?

John
Impossible done straight away, miracles can take a little longer.

Re: Bounced cheque
« Reply #31 on: May 25, 2011, 06:47:16 pm »

"It will at least guarantee payment up to £100"

Aren't they getting rid of that in June?


Yes

Paul Simpson

  • Posts: 999
Re: Bounced cheque
« Reply #32 on: June 09, 2011, 04:55:33 pm »
Following on from my post that started this thread, I followed Matts advice and documented everything I have done and what she has said.
Sent her a letter documenting everything to date and asking for payment within 7 days, no response.
Hand delivered a 2nd letter saying I require payment within 7 days or I will proceed legally, no response.
Then I rung her yesterday and asked if she intends to make payment to which she replied "no because I wasn't happy with the clean"
She now claims she pulled out the sofas and the backs were still dirty and that I hadn't done them (well I did), told her I did do the backs but if she wasn't happy I would pop round and go over them areas, thankfully she said she didn't want me to because the rest of the sofa wasn't up to much anyway and not as good as when she last had it done.
I wonder how many more she has done this to  ???

I asked her why it has taken so long to come back with that response, she said because I was waiting for it to dry, when I said it would have been dry within hours she then said well I have only just turned the cushions over within the last week.
I told her if she does not intend to pay then I will proceed with it legally to which she replied "thats fine, then I can give my side of the story"

Half of me wants to follow it through to cause her as much aggro over it as she has done for me but the other half of me is saying it is not worth the hassle, especially if I do not get a result.  
Should I just write it off? If there is a chance I won't win I don't think there is any point in proceeding.
Been to the CAB who were as much use as a paper umbrella, they don't want any specific details, told me what I already knew and then pointed me at their website and say all the information you should need is on there.  >:(

Any failed lawyers out there  ;D



By the way, clarified with my bank, will only get charged (as mentioned in my post) if I draw on the cheque funds, which I didn't  :D

Joe H

Re: Bounced cheque
« Reply #33 on: June 09, 2011, 05:01:49 pm »
There is no charge whatsoever to you
not even an admin charge.
John

If you have a business account and a cheque bounces you usually get a charge of at least £6

The Great One

  • Posts: 11976
Re: Bounced cheque
« Reply #34 on: June 09, 2011, 05:10:04 pm »
Following on from my post that started this thread, I followed Matts advice and documented everything I have done and what she has said.
Sent her a letter documenting everything to date and asking for payment within 7 days, no response.
Hand delivered a 2nd letter saying I require payment within 7 days or I will proceed legally, no response.
Then I rung her yesterday and asked if she intends to make payment to which she replied "no because I wasn't happy with the clean"
She now claims she pulled out the sofas and the backs were still dirty and that I hadn't done them (well I did), told her I did do the backs but if she wasn't happy I would pop round and go over them areas, thankfully she said she didn't want me to because the rest of the sofa wasn't up to much anyway and not as good as when she last had it done.
I wonder how many more she has done this to  ???

I asked her why it has taken so long to come back with that response, she said because I was waiting for it to dry, when I said it would have been dry within hours she then said well I have only just turned the cushions over within the last week.
I told her if she does not intend to pay then I will proceed with it legally to which she replied "thats fine, then I can give my side of the story"

Half of me wants to follow it through to cause her as much aggro over it as she has done for me but the other half of me is saying it is not worth the hassle, especially if I do not get a result.  
Should I just write it off? If there is a chance I won't win I don't think there is any point in proceeding.
Been to the CAB who were as much use as a paper umbrella, they don't want any specific details, told me what I already knew and then pointed me at their website and say all the information you should need is on there.  >:(

Any failed lawyers out there  ;D



By the way, clarified with my bank, will only get charged (as mentioned in my post) if I draw on the cheque funds, which I didn't  :D

There's more than one way to skin a cat  :-X

garry22

Re: Bounced cheque
« Reply #35 on: June 09, 2011, 05:11:33 pm »
Paul,

At the start of this thread, you said she bounced a cheque. In other words she carried out the act of paying.

She did not say "I am withholding payment because I am unhappy". The cheque was not honoured because there was not enough money in the account.

My experience (although it may be different for others) is that nothing happens until the court summons lands on the doorstep.

Re: Bounced cheque
« Reply #36 on: June 09, 2011, 05:35:08 pm »
when you asked her for the money at the end of the clean, she was happy with the work, otherwise she would not have issued you a cheque. If she was not happy with the work she would not have "paid".

The fact that there were not enough funds in the account either by design or intention is neither here nor there, she committed fraud.

If she was not happy with the clean she had 3 days to call you and stop the cheque. She did not.

She committed fraud.

All the rest is just a smoke screen.

Take her to court for fraud for the value of the cheque the costs and time.

Issue her a proper money online summons, and she has not got any defence.

Her side of the story does not come into it, she issued a cheque with insufficent funds.

hope this helps.

Doug Holloway

  • Posts: 3917
Re: Bounced cheque
« Reply #37 on: June 09, 2011, 05:50:25 pm »
Hi Guys

There is virtually no defence in law for bouncing a cheque, just take her to court.

Only defences are if you comitted fruad which you didnt or if you gave her absolutely nothing in return, so you have an extremely strong case.

Disputing the quality of the job is not a defence and I would not even get involved in any discussion on this.

When filing the claim add on the court cost and say £50 for all the time wasted.

Cheers

Doug


Paul Simpson

  • Posts: 999
Re: Bounced cheque
« Reply #38 on: June 09, 2011, 06:00:51 pm »
Thanks for the replies. Sounds like I should persue it.
Looking at the online "Money claim" site it allows you to enter how much you are claiming for and works out the court costs and adds them.
Was only going to claim the orginal amount but how could I calculate extra costs, letters, time spent, etc to add on? Or can I claim for such things?

garry22

Re: Bounced cheque
« Reply #39 on: June 09, 2011, 06:04:05 pm »
You can also claim interest, which in this case will be pennies but will show that you are serious.