Advice needed on reporting bad cheque fraud...

Hey guys need your help on this one...

We are a marketing and design agency.

We produced websites, performed marketing research, and had items printed for a client over a space of about 6 weeks.

Our client was a number of weeks past their credit terms and despite many emails and phone calls did not pay - they asked for two weeks to pay the bill as they did not have the funds. We were very fair and asked for a little up front (to cover our costs) - but when the money was available they must pay in full.

After a few days the client did not pay up front.

They had received printed business cards (£800) and work on their websites (£5000). We took the websites offline, but there was nothing we could do about the business cards.

Anyway, a week later, my colleague was seeing another client close to their offices in london so decided to call round and collect a cheque. The client agreed.

The cheque was deposited in the bank only to find that a few days later that it bounced.

The client was contacted and told that we would initialise a CCJ against him (he was not a limited company) and that because he had written a cheque knowing that the funds were not available that he has committed a crime.

The client has now said that he will pay today, and we have to agree not to take any further legal action against him of any kind.

Now that makes me a little suspicious... my question is do I have a legal duty to report the client?

If I do whom do I report him to - the police?

He uses many building materials suppliers and contractors - and so good credit is very important to him - but if he is writing bad cheques someone else may get burned.

What are your thoughts???
 

nigelmarsh

Free Member
May 28, 2008
140
22
report him to us , our members would like to know who bounces cheques we keep an on-line register of all customers that do not honour their credit terms .

If he doesn't pay you as he promises we may be interested in Buying the debt of you , this is a service we offer to all our members .
 
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DIY Accounting

Free Member
Oct 4, 2007
702
129
Leeds
Legally my understanding is that issuing a cheque is a "promise to pay" as cheques are technically promissory notes.
So it is not illegal for a cheque to be stopped as that is withdrawal of the original promise.

If goods or services have been obtained by making this "promise" with no intention of completing the payment then this could be deemed trying to obtain goods by deception which is a criminal offence.

Would cost you loads of time and money to persue it.
Commercially just not worth it.
Time better spent getting your cash and getting on with your business.
 
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I use and recommend an agency who will chase your debtor and if necessary arrange to pursue the debt in the small claims court. They have recently been successful in obtaining a court judgement against an individual who now makes monthly payments to clear the debt. The cost to the client was less than £100.
I can also recommend an internet based "no frills" firm of solicitors who specialise in low cost debt collection.

PM me if you would like contact details

Sheelagh
SMB Bookkeeping
 
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maxine

Free Member
Oct 13, 2007
6,154
1,952
Cambs
If the cheque had bounced then would have been against Theft Act however customer has stopped the cheque and there could have been a valid reason for this. My guess is however that you put them under pressure to give you a cheque when you said you were calling round to collect it and they were not in a position to pay this which was why they got straight onto their bank to stop it. This is a sure sign that they cannot afford to pay you and I would suggest that you act as quickly as possible to recover your debt before they go under. Perhaps sell to a debt collection agency.

Did you do a credit check before you took this work on for this client? Had they had any previous trading history with you? The only reason I say this is that it is quite a large amount of risk for an unknown first time customer without a credit check. Maybe you should review your credit policy to try and safeguard against this in future perhaps taking an advance payment to lower your risk.

Regards
Max
 
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B

betterledger

We often find that in these situations, the debtor may have several creditors and will only have funds to pay those chasing the hardest. Probably time to send in a debt collection agency - you'll need evidence that you pursued the indebtedness anyway if you want to go legal.
Do call me Monday on 0800 085 7020 to discuss how we can help.

Regards
John
 
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