trouble getting paid

[rogers2418]

anyone out there like me .............you tile for customer ....they examine work ,state satisfied ,pay by check,,,,,,,,,,,then you find later check has been stopped.....aggro
you can do without...............................

 

[DHTiling]

Hi and welcome..

I think it is illegal to make a payment and then stop it, the cheque is a payment contract in it's self.. so stopping it is a breach and you could sue.. it is best though to seek legal advice on this matter..

 

[mikethetile]

no Ive never had it happen to me

why are they stopping your cheques, dont sound happy to me

 

[buzzman]

hi mate
happend to me there's pro's out there who dont pay for a thing.......just put it down to learning curve you will sniff them kind out now when your pricing up...........only happens once

 

[Andy Allen]

put it down to a learning curve.............no way if someone stop a cheque on me they would be taken stright to court.

 

[diamondtiling]

It is indeed illegal to cancel a cheque that has been issued for payment or services rendered, do as Dave suggested and get legal advice.

 

[easyt]

It is not illegal to stop a cheque. It is only a criminal offence if you issue a cheque with the intention of stopping it in order to defraud or if you know that it will not be honoured because there are insufficient funds.

Stopping a cheque is a breach of contract. A court would certainly find that the cheque must be honoured and act accordingly. However court action does permit a counter-claim by the person who issued the cheque (including costs).

If the issuer discovered that there was a serious problem with your work or if he discovered that you had caused significant damage then he could stop the cheque in order to force you to take court action to obtain your money thereby allowing him to counter claim.

 

[david campbell]

i would go easy at first and contact the customer,this has happened to me before and it was the customers salary that was incorrect and they were left short after all the bills had been paid,the customer was very embarrassed and did borrow the money from a family member until the wages were sorted.but as i say don't go in all guns blazing as it might be a slight oversight

 

[SandyFloor]

I think you need to establish why the cheque was stopped to decide your next course of action. As DavidC says it may not be as sinister as it appears.

 

[DHTiling]

Some info from the Bills of Exchange Act 1882

Under the Bills of Exchange Act 1882, cheques are contracts in themselves. As such, they are a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions. If there are insufficient funds in the account to meet that promise or if the drawer of the cheque stops payment, the cheque has been dishonoured and the contract broken. You need only give notice to the bank that the cheque has been dishonoured and then you are entitled to sue them on the dishonoured cheque, get judgment and enforce it.

Under law, when you write a cheque to someone you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full.

Hope this helps a bit, but please do go seek proper legal advice..

 

[mikethetile]

in my experiance satisfied customers dont stop cheques or refuse to pay

I had a situation earlier in the year where two daughters were paying for the work as a wedding anniversary present for their parents, each sister thought the other was paying so didnt have the funds to meet the invoice

easily sorted , we drew up an agreement and they paid in monthly installments, it was a win / win situation

deliberate non payers dont issue cheques they refuse to pay invoices and build a case not to pay

 

[The Legend; Phil Hobson RIP]

:welcome: Never had it happen to me "touch wood" Good luck

 

[marktiling]

Could be lost / stolen chq book and owner not sure what the last chq was written out for - Bank will often blanket stop chqs to be sure and sort out afterwards. Best to call customer and see why.

 

[kilty55]

1st port of call is call your customer and ask why the cheque has been cancelled

 

[merlecollins]

Has it definately been 'STOPPED' and hasn't just 'BOUNCED'??