Bounced Cheque issued by policeman

[Linzi]

Hi I'm just looking for some advice on behalf of my brother. He's a builder and is having trouble getting final payments from a client after completing works on a property. He has been promised the £3000 that is owed to him on several occassions but each time he goes to collect the money, the guy makes excuses. The client finally issued a cheque for the full amount but it bounced. Now he won't answer the phone or the door and has not responded to letters that have been sent. What makes it worse is that the guy is a local police officer!
Any advice would be much appreciated.

 

[arfurd]

Hi I'm just looking for some advice on behalf of my brother. He's a builder and is having trouble getting final payments from a client after completing works on a property. He has been promised the £3000 that is owed to him on several occassions but each time he goes to collect the money, the guy makes excuses. The client finally issued a cheque for the full amount but it bounced. Now he won't answer the phone or the door and has not responded to letters that have been sent. What makes it worse is that the guy is a local police officer!
Any advice would be much appreciated.

Write a letter to him saying if the invoice is not settled you will be taking him to a small claims court. (Think they're up-to £5000).

Talk to Citizens Advice and explain where you are and they can help you with the small claims.

Provided you have all works documented and can prove you have done this then you could have a case.

 

[maxh]

Yes, collect all documents you have proving that the work has been done and thatr that person owes you the money.

Then submit, in writing, to him that if he doesn't pay you will have to take him to small claims court whereapon failure to pay will result in the courts instructing bailiffs to collect the debt on your behalf.

Don't waste time with debt collectors because him being a bobby, he'll know that only court appointed bailiffs have real power.

 

[Charlie B ACS]

The plus point of this is that once you have a judgement, you already know his employer to get an attachment of earnings order!

 

[Linzi]

Thanks, will do that. We have all documentation except a signed completion document.... But surely the fact that the guy issued a cheque for the full amount is evidence that he was satisfied with the work.

 

[maxh]

Thanks, will do that. We have all documentation except a signed completion document.... But surely the fact that the guy issued a cheque for the full amount is evidence that he was satisfied with the work.

Can you get that cheque back from the bank?

And yes it is, also inspection of his house would reveal completed work.

If its external maybe take a walk near his house and take a few photos of the lovely scenery

 

[arfurd]

But surely the fact that the guy issued a cheque for the full amount is evidence that he was satisfied with the work.

That would depend on the reason the cheque did not go through. If the officer has insufficient funds in his account I imagine that this would not go down too well with his boss. Or, he paid for the bank to stop the payment going out. If he did this, what was the reason?

 

[The Panda]

As far as I am aware police can not have any sort of financial court proceedings against their name. They can not be blacklisted in any financial way as this would mean they are open to coruption. This guy would pay up long before it went to court or he would risk his employer finding out and would not be able to work in the police force again.
This is only what I remember reading some time back on another thread.

 

[Linzi]

The cheque bounced as he didn't have the funds in his account. The last time contact was made with him he apologised for the cheque bouncing and said that he would drop off cash instead. Would he get into trouble at work for this? And should we approach his boss or should this be left separate from his work?

 

[The Panda]

On no account mention this to his employer. Not at this stage anyway.
Give the guy a fair chance then mention court and his employer to him. I think that then you would find it settled pdq.
There could be many reasons why the cheque bounced. I have one now that has bounced. Its only £200 but I am sure it has not been done intentionally.

 

[The Panda]

You can resubmit a cheque up to 3 times. I would inform him that it bounced and that you will resubmit in a day or two. If after 3 times then the cheque is useless and that is the point to take it further.

 

[Bath Fix]

Ok a couple of + points for you.

If you issue the summons he cannot issue a defence due to the bounced cheque. When completing the summons just state the bounced cheque in the particulars of claim dont have to list work done etc.

Now the best bit as a serving police office he/she IS NOT allowed to have a CCJ registered against them!

BTW in my previous life I was credit manager for a large debt collection company

 

[Linzi]

Yes I appreciate that but he has now been avoiding phone calls and home visits for almost a month. I do agree that he is likely to respond to the threat of court action. That is the route that we will have to take now. Thanks for the help.

 

[The Panda]

Send him a registered letter stating what the next step will be.
He or someone has to sign for it then he can no longer fob you off.

 

[papverpoppies]

If the cheque bounced (and he will be on a fairly good wage) imagine what state his finances will be in, if he looses his job, so the last thing he wants is to go to Court - which might make it easier to get the money from him.

If he has got any sense he will pay up - is he aware of what your next step is ie the Court.

Perhaps he thinks you may go away - him being a policeman and all that!!

Poppy xx

 

[Linzi]

Ok a couple of + points for you.

If you issue the summons he cannot issue a defence due to the bounced cheque. When completing the summons just state the bounced cheque in the particulars of claim dont have to list work done etc.

Now the best bit as a serving police office he/she IS NOT allowed to have a CCJ registered against them!

BTW in my previous life I was credit manager for a large debt collection company

Cheers Bath Fix, this could be promising!

 

[papverpoppies]

Send him a registered letter stating what the next step will be.
He or someone has to sign for it then he can no longer fob you off.

Send the registered letter to his place of work, if he ignores the home one.

Have you got his work address.

Poppy xx

 

[Linzi]

If the cheque bounced (and he will be on a fairly good wage) imagine what state his finances will be in, if he looses his job, so the last thing he wants is to go to Court - which might make it easier to get the money from him.

If he has got any sense he will pay up - is he aware of what your next step is ie the Court.

Perhaps he thinks you may go away - him being a policeman and all that!!

Poppy xx

He has had a letter stating that we cannot get hold of him via phone and that the outstanding balance is overdue. Will sent another one now detailing the next steps and see if he responds.

 

[maxine]

But surely the fact that the guy issued a cheque for the full amount is evidence that he was satisfied with the work.

Yes

I would send a letter advising of your intention to file a debt claim in the county court, perhaps write out the claim and provide a photocopy with the letter, and say in the letter than in the event of having to enforce a CCJ that it is your intention to seek an Attachment of Earnings Order.

Good luck

 

[Geoff T]

Yes

I would send a letter advising of your intention to file a debt claim in the county court, perhaps write out the claim and provide a photocopy with the letter, and say in the letter than in the event of having to enforce a CCJ that it is your intention to seek an Attachment of Earnings Order.

Good luck

Good idea - having issued a cheque in the full amount, he can't claim the money is not due and payable, and I've yet to see a valid defence against bouncing a cheque... (different piece of law applies from that point)

The next letter should see you get paid... or he's out of a job isn't he...

 

[Michael Gerard]

Issue proceedings for the breach of promise solely on the bounced cheque - and once the defence is in, apply for summary judgement. See my article:

www.michael-gerard.co.uk/blog/briefings/the_cheque_rule/

 

[Beadons]

Sounds like discreditable conduct to me which is a disciplinary offence for a Police Officer, or it was when I was one many moons ago !


Discreditable conduct

Police officers behave in a manner which does not discredit the police service or undermine public confidence, whether on or off duty.

Police officers report any action taken against them for a criminal offence, conditions imposed by a court or the receipt of any penalty notice.

 

[jules12345]

its a criminal offence to write a cheque fraudulently ie if he knew he didnt have the money - call the cops.

otherwise its a civil matter and the cheque should be good evidence for your case.

take the civil option start proceedings and then he will be arrested if he doesnt turn up to court etc after a while.

always ask a pro im only an LPC student.

regards
Jules

 

[LawHound]

There are very few options to defend these types of cases and so issue the proceedings and then look at enforcement options post judgment. I would suspect on issue the money may well arrive.

 

[GRDCredit]

Some good advice here (as well as some very "strange" advice!)

However, bottom line is sue on the dishonoured cheque. The fact tht he is a policeman and the potential consequences to him are, to be frank, irrelevant as far as you are concerned and should not make any difference to the action you take

 

[E Storey]

I have to say I disagree with both suing and contacting his employer.

The cheque has bounced, that tells you the guy is in financial difficulties, you could take him to court, but if he doesn't have the money, he doesn't have the money! hounding him out of a job is not going to help either.

By all means write and say you want payment, send it recorded delivery, also say that you intend to go to court if he does not pay. And ask for £500-£1,000 immediate payment to delay this happening. (he could send you a number of pre-dated smaller cheques - these are less likely to bounce but it's still no guarantee)

You could easily find out when pay day is - make sure you time the cashing of cheques to hit is account when his wages go in.

 

[GRDCredit]

I have to say I disagree with both suing and contacting his employer.

Contacting the employer would be seen as harrassment and as such is illegal so agree with you there

However, in terms of suing it seems that the builder has made every effort to make contact with the debtor and he has not responded - that is the time to discuss part payments etc. If he is refusing to talk however then little option other than to go legal

 

[Mike W]

I haven't read through the whole thing, so it's probably been mentioned.... but you can sue on the bounced cheque alone.

The fact he's paid waives any defence he might try to come up with and you'll win every time. The CCJ won't necessarily get you payment but it's the start to other recovery methods.

Also, the fact he is a policeman will certainly work in your favour. If I recall correctly, they are not actually allowed to be in debt. In itself this will cause a problem for him and may well force his hand to part with the money.

Apologies again if this has already been mentioned.

Regards

Mike

 

[maxine]

I agree with GRD about not contacting the employer as not only could it be seen as harassment (causing undue stress and humiliation, Administration of Justices act etc) but it's also an unpleasant step to take at this stage.

However, I think that when deciding how to take any form of credit control / debt recovery further you should always consider the circumstances of the debtor and tailor your approach and communications accordingly so I still say to advise on the enforcement route that would be taken if a CCJ was the next step.

For what it's worth I would give this advice to any debtor who was in employment and especially in any employment where an attachment of earnings order would be particularly unwelcome.

 

[logicfusion]

Could there be more to this story that we are aware of?

Why would a Police officer (aware of their obligations) put them selves in this position?

Is it the case that the customer has a problem with the work that has been completed ? Even so, a cheque should not have been written and your brother would win that claim in court.

however, if there are other factors - maybe they are worth addressing, otherwise if there is an issue your brother may end up with a seperate summons of his own after the first case.

Police are not experts in civil law and he may not know the implications of 'a promise to pay'. This doesn't stop him taking seperate legal action if there are issues with the work.

I guess what I am saying is, have all avenues been explored prior to litigation?