bounced cheque ,maybe defunct account

[BBarbie]

hello, first time here so I hope this is the right place for this enquiry.

I have been paid for goods and services by cheque which has subsequently bounced .This was a regular client who had in the past paid in cash.They have left the area and paid their last bill with this cheque(should have smelled a rat !) which I suspect now may be from a closed account.

What should be my next move ,the amount is over £500.?

thanks for any and all advice

[Conniff]

Do you know the whereabouts of the ex client ?

 

A cheque is a promissory note and cannot be rescinded, so they have by definition admitted and signed to the fact they owe you this amount of money.

 

Is it bounced with 'resubmit' or 'refer to drawer' ?

Edited August 10, 2013 by Conniff

[BRIGADIER2JCS]

If you don't have a forwarding address for this 'client' you can write to the bank on which the cheque was drawn enclosing a letter to the client, asking the bank to forward it to their customer.

 

If you believe this a deliberate it may be an idea to report this to the police as it may have happened to others in your area.

[BBarbie]

Is it bounced with 'resubmit' or 'refer to drawer' ?

 

hello, thanks for your reply , yes, the cheque will be re submitted ,so , still a chance I suppose.

Also I do know of their whereabouts .

thanks

[BBarbie]

ok, so the cheque was returned stamped 'refer to drawer' .

Every other bill was paid by cash so I suspect this is a deliberate thing. As far as I know, the person has not moved yet but it is imminent .It is rented accomodation so they could leave any time I suppose.

Can anyone tell me if I am entitled to be told a 'forwarding address' by the PO does it fall under data protection or freedom of information ?

[silverfox1961]

Hi

just found this

 

If a bank returns your cheque with the instructions ‘refer to drawer re-present’ then you can present the cheque again a maximum of three times; if however, it comes back with the instruction ‘refer to sender’ then you will have to resort to other means to get your money.

 

and

 

Writing a cheque in the knowledge that is will bounce is illegal, and legal action can be taken against the guilty party if they refuse to pay up by any other means

 

(taken from Lawontheweb)

[BRIGADIER2JCS]

It will depend if this person leaves a forwarding address if he/she is deliberately ripping of creditors/businesses I would suspect it would be highly unlikely.

You can ask his bank to forward letters if you send the bank letter in a stamped addressed envelope, they are then not in breach of the DPA.

 

The alternative is to go and see the person before they do move.

[BRIGADIER2JCS]

Hi

just found this

 

 

 

and

 

 

 

(taken from Lawontheweb)

Absolutely if it fails to clear again, take it further.

[BBarbie]

Hi thanks for replies.

It has been stamped 'refer to drawer' , there is the option 're present' but that has a line through it.

Am I right in thinking that a 'dishonoured cheque' notice served on them ,would be implemented in the CC or would that be the route through the small claims too.?

I am thinking that the CC would be a more costly route and even then I may not receive what is due. I have copies of all previous bills paid in cash.

If I took this cheque back to the bank on which it was issued what would /could they do for me?

Should I send the person who issued the dishonoured cheque a notice informing them of my next action ? Ive never had to resort to this sort of thing before so I am not sure what to do for the best.

thanks again

[BBarbie]

also ! I do not at present have the full address but know the vicinity but I do have an e mail address.Would that suffice or would I need to send any notice in writing too ?

thanks