Bounced cheques

[p4nd0rasb0x]

Go Girlie!

I will thanks

[p4nd0rasb0x]

Oh dear - lol.

Checked my account online this morning, and it seems that the cheque that was showing as having cleared last week has actually been returned by the bank. !!!

Still waiting for the last one to clear though

If nothing else,.. ill get my money and he will get a whole heap of bank charges:p

[Conniff]

I think you have no choice now pandora than to issue him with a letter before action. You have waited long enough so don't give him any more than 7 days to give you either a bankers draft or postal order, and then follow through and issue a court summons.

 

A cheque is in reality as good as cash as it is a promisory and if it bounces you can issue a county court summons, there is NO defence against bouncing a cheque.

[JonCris]

In view of the fact this money is wages which the ex employer clearly has no intention of paying I don't think even an LBA is necessary. The OP could move to the next step now & issue a Statutory Demand provided the amount exceeds £750.

 

Get in 1st because if he's not paying something as important as wages one can only imagine who else is chasing him.

[Conniff]

Your right of course Jon, you don't have to give a second or third chance on a bouncing cheque, you can issue a summons the moment the first one bounces, so agreed, don't bother with a letter before action.

Don't forget to add your court costs and any incidentals it may have cost you to the claim.

[musicsmith]

Oh dear, what a mess. You must act very quickly. If this is going on like this then it is fairly clear that he's going bust. As JonCris says, if these are bouncing for a reletivly small amount then he must be in trouble. Do you know a Police Officer? It might be an idea to get some advice from them if you do or you could pop down to a local bobby station and check up on the law regarding bouncing cheques. I know that if it's a personal cheque then it is a criminal offence to write a cheque knowing you do not have the funds to cover it. I believe it to be true also for business cheques. It's amazing how quickly people respond when a bobby comes knocking. The only other thing to do is to issue a summons to the small claims court. To be honest though, he may have a few of these already so may not be too bothered about getting another. I'll see if I can find anything for you about the law

Steve

[Conniff]

The law says 'To knowingly issue a cheque with insufficient funds in an account is obtaining goods and services by fraud and deception, and is a criminal offence', in this case, services.

[JonCris]

Oh dear, what a mess. You must act very quickly. If this is going on like this then it is fairly clear that he's going bust. As JonCris says, if these are bouncing for a reletivly small amount then he must be in trouble. Do you know a Police Officer? It might be an idea to get some advice from them if you do or you could pop down to a local bobby station and check up on the law regarding bouncing cheques. I know that if it's a personal cheque then it is a criminal offence to write a cheque knowing you do not have the funds to cover it. I believe it to be true also for business cheques. It's amazing how quickly people respond when a bobby comes knocking. The only other thing to do is to issue a summons to the small claims court. To be honest though, he may have a few of these already so may not be too bothered about getting another. I'll see if I can find anything for you about the law

Steve

 

 

Issuing in the County Court will take ages that's why it's better sending a Statutory Demand also the employer could have folded his tent long ago

 

A SD is almost instant & initially won't cost anything. The recipient has only 18 days to respond because after 21 you can petition for their bankruptcy.

 

Whilst your right about it being criminal offence to knowingly issue a cheque without sufficient funds you wasting your time going to the local nick. They will only tell you "it's a civil matter" - wish we all had a quid for that statement

[musicsmith]

Some Police will indeed tell you it is a civil matter which claiming the money from him is. However the complaint that he knowingly issued a cheque or promisary note that would not be honoured is a criminal offence. If Pandora goes to the local nick, preferably one which is round the corner from his business, and makes a formal complaint against him, she should take the cheques with her and say that she believes that he has deliberatly issued these knowing they would not be honoured, the police have to take a statement and indeed take action. It is not against the law to owe money, that is where the civil courts come in but it IS a criminal offence to do what he has done. Pandora, you may need to be firm with the police, ie, tell them that you are aware it is an offence and therefore want to make a statement. They MUST take your statement. The chances are they will pop round and see him and get the whole thing cleared up which then shows up as an offence dealt with. I spoke to a friend of mine a few minutes ago who is a bobby in Derbyshire. That is the action he has suggested.

best of luck

[p4nd0rasb0x]

Thanks everyone for all your advice and help.

Ive been in touch with the ex boss and am waiting to find out what he intends doing about it. Im too soft with him obviously and hes playing on it.

[JonCris]

Thanks everyone for all your advice and help.

Ive been in touch with the ex boss and am waiting to find out what he intends doing about it. Im too soft with him obviously and hes playing on it.

 

Sorry to say this but if you are & get ripped off you will only have yourself to blame particularly after all of the advice you have been given here.

 

I hope in the end he cops up - but I doubt it - he's gonna go bust & you will be left swinging in the wind -

 

I so hope I'm wrong so let us know how you get on

[musicsmith]

Hi Pandora, JonCris is right to an extent, if you play soft you will get nothing. You have just a day or two to get this sorted. I stand by what I say about a visit to the bobby shop. Unless you have a reason for not wanting to involve them I would pay them a visit. It costs nothing and could be a good way of getting him to pay up in cash quickly. By writing 3 cheques which have bounced he MUST know he has no money in the account as his bank will be chasing him. Therefore he issued them knowingly. You could give him a call and tell him that if he does not give you the CASH by end of play tonight you will be making a complaint to the police for fraud as it it a criminal offence to issue a cheque knowing there are insufficent funds. I think he will then pay up as according to my friend the bobby, the police would then ask to see evidence that he had the funds in the bank on the day he issued the cheque, which he obviously did not. My friend says that they would probably say to him to 'get it sorted' and then would either give him a warning or take 'no further action' and that they may well already know of him as an unscrupulus guy and in that case would be pleased to pay him a visit. Easy as that!

Don't let him do this

[p4nd0rasb0x]

I am currently waiting to hear from the building society to confirm if the chq that i represented has/or is going through or not. The last thing I want to do it go storming in if its in the process of clearing. I have county court papers here filled in and ready to go should this latest transaction go adrift at all. But yes yr all right, I should have gone ahead and done something the first time the original chq bounced.

Im in the frame of mind to 'get him on anything and everything' right now. EG He stores petrol in a garage adjoining the office (illegal) he has no fire extinguisers on the premises and smokes there ! (illegal) also he recently made a fraudulent insurance claim (I know because i faxed the details off) so if he doesnt want to come clean with me and sort this out then i might just report him............bitch ? maybe - but itll feel good

[Guest wino]

If he is running a business have the fire brigade never been around to check the layout of the buildings and to make sure he is adhereing to fire regs? I have had three businesses and I've been inspected each time. I've also been inspected by the insurance company and I had to produce the fire safety certificate which was displayed on the wall as should be. The fire extinguisher company calls every year to check everything.

[p4nd0rasb0x]

If he is running a business have the fire brigade never been around to check the layout of the buildings and to make sure he is adhereing to fire regs? I have had three businesses and I've been inspected each time. I've also been inspected by the insurance company and I had to produce the fire safety certificate which was displayed on the wall as should be. The fire extinguisher company calls every year to check everything.

 

 

I worked for him for 6 months, never ever seen a fire extinguisher anywhere and never any mention of any inspections. Its actually an office that has another unit attached to it where he keeps old bangers, so maybe the fact that its not an actual garage keeps an inspector at bay ?

[JonCris]

If you use the County Court he will have time to liquidate his assets & it could take months

 

Whatever you do don't assume the court will order you be paid immediately & in full. The court may order him to pay whatever he can afford & that will be after you have had a hearing.

 

I strongly recommend that, assuming the debt exceeds £750, you issue a Statutory Demand.

 

Initially it costs you nothing, you can get the form of the internet. You don't even have to involve or pay court fees & the guy will know that he has to pay up within 3 weeks or face a petition for bankruptcy which will cause his other creditors to come forward to demand payment

[Weird Al Yankovic]

If you use the County Court he will have time to liquidate his assets & it could take months

 

Whatever you do don't assume the court will order you be paid immediately & in full. The court may order him to pay whatever he can afford & that will be after you have had a hearing.

 

I strongly recommend that, assuming the debt exceeds £750, you issue a Statutory Demand.

 

Initially it costs you nothing, you can get the form of the internet. You don't even have to involve or pay court fees & the guy will know that he has to pay up within 3 weeks or face a petition for bankruptcy which will cause his other creditors to come forward to demand payment

 

Unless you go through with this threat it is pretty toothless.

 

Why would the OP want to issue this demand to chase wages owed when the employer may even welcome this action as somebody else pays for his insolvency?

 

The OP may be owed a £1K, yet this action may cost her £2 or £3k+, with no real hope of getting anything at all.

 

Stat Demands are best left to HMRC, who will always follow up this threat.

 

They have the money to do so.

[JonCris]

I disagree. Can the debtor be sure the claimant won't go ahead - it's an awful risk to take, ignoring an SD

 

It'll concentrate the debtors mind & has a greater chance of immediate success rather than wait, what could be months, for the County Court to achieve anything

 

Also the claimant doesn't have to proceed with the petition for bankruptcy they could if they choose then resort back to using the County Court

[Isiris]

Might sound harsh but there is a saying

 

Fool me once, shame on you. Fool me twice, shame on me.

 

Hes taking you for what you are, a soft touch. You are entitled to this money and he just knows you will do nothing about it.

 

I would issue the Court Summons straight away. If he pays fine, but he will still have to pay your costs. You really cant allow yourself to be kept on being walked over like this. Even his accountant is ignoring you !!

[JonCris]

For fear of repeating myself - again I suggest sending a Statutory Demand - it won't cost anything - the debtor knows (or thinks) they will have a very limited period in which to pay (no more than 3 weeks) - & should they still not comply you can then resort to the County Court - if you issue proceedings in the CC you will not be able to harass the debtor for payment & will have to wait months for the matter to be resolved

[p4nd0rasb0x]

He doesnt owe me enough to warrant that I beleive. Besides which 1 of the cheques has now cleared - yippee !! Ive emailed him asking for my statutory sick pay to be sent now, if he doesnt then the inland revenue will pay it and reclaim it back from him (thats one he wont be able to get out of)

[Jesteruk]

Hi P4

yo have had some bad luck with this idiot who thinks he is a "boss"

 

Now get your revenge.....Call the local planning department.....Call the fire officer.......Call the tax office.......call the insurance company

With regards to the insurance claim he made, its people like him and thousands of people like him that cause the innocent like us to get higher premiums.

If you dont he will only do it to someone else and get away with it.

 

good luck and well done!

[p4nd0rasb0x]

Thank you..

Hes only just sent me my SSP1 form so I can claim the sick pay he owes me, thats taken since December 07 ! I only got it because I told him the Benefits agency would claim it for me on my behalf and then get it back from him (which they can). He still owes me pay from November !!

[JonCris]

I think it's pretty clear that this employer is not as much trying to con as they are struggling to survive if it takes the threat of the Benefits Agency to even get him to send the SSP1.

 

I think that unless you do something soon it will, at best, takes ages to get anymore money & at worst not get any at all.

 

In the shor term, & in view of the fact he has made some payment, perhaps you could try speaking to him sympatheticaly explianing that you know he's struggling & can HE tell YOU when he meet his liability to you.

 

You never know he might decide to pay you before all others (because there WILL be others) & if not you have lost nothing

[p4nd0rasb0x]

My ex employer has now paid me most of my outstanding wage. He still owes me SSP which I am having to claim via the Benefit Revenues office, he also still owes me 7 days pay which I am dealing with at the moment - halfway to getting everything he owes me anyway.

His company isnt failing in fact when i logged onto the company website I saw that hes opened a new section of the business so it can be doing that badly...