Any legal experts on here?

I've just had some bother with a customer. I've had to chase money and eventually got a cheque, but it would appear they have cancelled it.

Am I right in thinking that by writing the cheque, they have entered into an agreement to pay?

 

Not a legal expert unfortunately, but at a guess they probably hold some kind of legal weight given there is a signature and a monetary amount.

If you've done any kind of work/provided a service/goods for them, then I imagine the cheque serves as evidence in your favour. Maybe look into the small claims court?

I tried looking around on the internet and found a bit of info - but was all a bit vague I'm afraid - it might help though.

http://www.sarginsonslaw.co.uk/Case-studies/159/Dishonoured___Cancelled__cheque.html
https://www.ukbusinessforums.co.uk/threads/advice-about-a-stopped-cheque.247341/
https://en.wikipedia.org/wiki/Cheque#Dishonoured_cheques

Don't know if citizens advice may also be able to help with this kind of thing?

 

Yeah, cheers for that. I also did a bit of googling and found similar information.

Seems that the law falls on my side in this instance.

She would only have a right to cancel the payment if I hadn't provided any services, or claimed the payment by fraudulent means.

I'm really not used to this kind of thing. Most customers play ball. It's rare to find an awkward one - especially ones that you've been recommended to by their family members.

 

Yea a cheque is treated as a promise to make payment so it puts you in a strong position provided you have a copy of it. They have effectively admitted to owing you the money.

You can run a small claim in the court without legal assistance (anythig under 10k), fill out form N1 and file it at the money claims centre in northampton. There will be a court fee, the amount will depend on the size of the claim. That should get them to pay up. https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

 

File online in the small claims court for £25, it costs £35 if done manually.

 

Thanks guys. I'll write and send recorded to her first and give her a deadline and then take it from there.

She's been a nightmare. Makes you want to ask for payment up front as a tradesman, but most are trustworthy.

 

How much is the debt?

 

Not a lot mate. Hundreds, not thousands.

 

If its less than 600 you might be looking at chalking **** on it.

Long drawn out process and little enforcement options below this.

 

Not a chance. I don't do voluntary work.

 

Go to small claims court you will win the case if then they dont pay as long as it’s over £600 you get it sent to the high court their bailiffs have more powers to retrieve your money

 

You see the thing is a high court claim is time consuming and even if you get judgement there’s no likelihood of getting any money.

It’s a bit of a minefield enforcing a low value sub 600 debt.

No charging order.
Can’t use high court enforcement who have a bit more grunt as the claim plus fee is below the threshold so it’s court bailiffs which are hit and miss.
Attachment of earnings... only if they earn over 860? a month.

Ccjs are worth **** all on paper.

 

To be honest, I'm not bothered about all that. I just wanted to know if she was in the wrong by stopping the cheque, so what I have to do to get the money is largely irrelevant to this thread.

If she is, and she knows that action is to follow, then she might just pay up instead of being evasive. That and the fact that the materials I have supplied are still mine until she stumps up.

The pen is mightier than the sword, as they say.

 

There may be a hundred reasons why she might not be in the wrong for stopping the cheque.

The crux for you is why she stopped it. Why did she?

 

Two reasons she stopped the cheque.

One she can’t pay ie skint
Two she doesn’t want to.

If she’s being evasive it leads me to lean towards the second point.

She answering calls or just refusing them.

 

Taking anything to court against anyone of financial stature is a total waste of time.

You will pay loads of money in costs, spend loads of time preparing a case, and then time in court for 50 pence a week for 28 years.
If they stop paying, go back to court. That is f-ing English justice.

 

Good question.

I've already had to chase her for payment. Called in person, rang twice and both times she put the phone down on me, so I hand delivered a letter.

The amount she sent was less than she actually owes, but I thought it was better than nothing and was prepared to draw a line under it and put it down to experience.

That's about it really. No quality of works issues.

 

Right people. I'll give this half hour and then shut it down.

Thanks for people's advice with regard to my original question.

Why she won't pay and everything else isn't something I want to discuss in too much detail, but rest assured I haven't done anything wrong. I've done everything as per my quotation and to my usual high standard, which gets me into some high end properties all over the county.

This person has been as nice as can be until payment time, and has started inventing issues. I called her bluff by offering to call and have a look, and she refused, instead offering me less money.

I have a letter from her telling me how much she was holding back. More evidence for me.

 

Well if you have invoiced her for the full amount, and she has no issues about the work done, you would be better issuing proceedings for the higher invoice amount, rather than the lesser amount as shown on the cheque.

If she has no defence, your only (massive) problem is enforcement after entering judgement.

Whether you get owt back depends upon her financial circumstances.

Which brings you back full circle, thinking about whether it's worth bothering in the first place.

Shitty system.

 

Are her "issues" her ability to pay, or your ability to do the job?

Sorry - I've missed a post.

You seem to have an argument with her over something or other, and want to avoid this by saying "because you gave me a cheque for a certain amount I can sue you and you have no defence"?

It won't be that easy. She could come up with either defence or more likely counterclaim, and then you would basically be in dispute with her.