Can this guy possibly have a case against me?

[tmb]

Hello.

I take a lot of payments mailed by cheque, and usually in January I get a few cheques from people that have the wrong year on them (e.g. 05 instead of 06) This year, because a 5 becomes a 6 so easily, rather than ask people to post out another cheque, I've been asking them if they want me just to change the 5 to a 6 instead. In the main, most people are quite happy with that, because it saves them the cost of a stamp, and I'm happy as it means that I can bank their cheque immediately rather than having to wait for an extra few days.

Anyway, one person who agreed to it subsequently cancelled their cheque and is now claiming that I tried to defraud him. His only complaint is that I changed the date from 05 to 06, which I did - with his knowledge and agreement. He claims that I didn't tell him the date was wrong, and because I changed it without his consent he no longer feels obliged to pay for what he received. The obvious flaw in his argument is that I am the one in possession of the now bounced cheque, and he wouldn't know the date had been changed if I hadn't told him prior to changing it.

As far as I'm concerned, I'm the one who is out of pocket to the tune of £40 plus vat for the work he received, however because he had to pay to cancel the cheque, he's moaning to anyone who will listen that he is out of pocket because he had to pay to cancel the cheque.

Quite honestly, I can absorb the loss of £47 without losing any sleep, he's obviously a chancer who never intended to pay and I'll just refuse to do any work for him in the future. My only minor concern is if he has any right to claim back the money his bank charged him from me. I'm not wanting to hassle my lawyer with this because a quick session with him would cost me more than the cheque was worth.

Cheers
Tom

 

[Top Hat]

I think when you date a cheque you are dating a document, therefore it has to be the date you sign it. Nothing to do with the date the cheque can be cashed.

I think you've got the right attitude, forget it, if he really starts to kick up a fuss crush him with expensive over priced lawyers.

 

[Plastics Dave]

I don't know the law on this but I would not be letting him off. He has paid for goods or services rendered by cheque. I believe he is breaking the law if he had insufficient funds to clear the cheque or he is stealing from you...sorry mate no mercy!!
Let one off you encourage 20 more.
Regards
The Spanish Inquisition.
AKA Dave

 

[Rob Holmes]

I would chop the cheque up and send it back and ask for another - why on earth let him off? - then when he pays get rid of him - no-one needs customers like that.

Rob

 

[Rachael]

I agree with Rob. Chop the cheque up and send it back and ask for re-payment. He probably knew what he was doing by putting 05 on there and used it as a way to get around paying.

I'd also threaten him with legal action if he doesn't pay!

 

[Dawg]

Before doing anything hasty, and from what I've read here, it might be worth asking nicthechick, (Admiral Collections?) about it.

 

[gordonthegofor]

Get better advice but my view is that a cheque is a promise of payment and his only reason for refusing to honour it is if you have not delivered what was agreed or it was sub standard

Demand payment he is defrauding you
+ costs

Speek to Nicthechick

 

[bwglaw]

A cheque is a form of bill of exchange and can often create a contract in its own right, in addition to the goods/services rendered.

You were not entitled to change any aspect of the cheque. It should have been sent back to the sender and ask for it to be amended. Amendments on a cheque usually requires initials of the payer.

The above does not mean that he may have a has against you. It simply someone trying to get something for nothing. He has issued a cheque and it bounced therefore he is in breach of bill of exchange and may well committed a criminal offence of deception, if it can be proved this is what he intended or knew to be doing.

Just return the cheque and point out that he is in breach of contract and bill of exchange and you seek to recover the debt plus costs and the goods remain your property until paid for in full.

Jonathan

 

[Jayne]

Do cheques actually run out of date? As long as it didn't say 07, I thought old cheques were fine to go in the bank. It's like having cash under the mattress for 12 months and finally getting around to putting it in the bank!

Jayne

 

[Rachael]

They do run out Jayne...I'm not sure if it's 6 months ?

 

[Jayne]

lol.. I didn't know that, better put them in the bank quicker, just in case!

I thought they were just like cash!

Jayne

 

[Deleted member 3454]

They do run out Jayne...I'm not sure if it's 6 months ?

I think you're right, Rachael.

 

[bwglaw]

Yes, it is 6 months


Jonathan

 

[tmb]

Ok, I'll send him the cheque back with a letter demanding payment and threatening him with legal action if he doesn't pay up.

Thanks to all who responded.

Tom

 

[seabro]

Yes, it is 6 months

Jonathan

It is a myth that cheques run out after six months. One that even some bank cashiers believe.

A cheque is like a diamond, it is .. forever (or until drawn upon). And is proof of debt.

I do not know much about finance, but I know this much.

 

[bwglaw]

Many banks adopt their own procedures as to when a cheque will be accepted - the law says a contractual debt expires after 6 years and I cannot see a bank accepting a cheque 5 years later to discover that the customer has closed their account.

Jonathan