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Legal matters

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Any legal people about need some advice?

2 replies

TitsalinaBumSquash · 13/02/2010 10:21

I was just wondering if anyone had some advcie, there is someone that owes DP and i money, the person keeps paying us in cheques that every time have been returned due to his account being closed - is this illegal? There have been 3 cheques now all from the same account all returned for the same reason. Do i call the bank, the police? Any info much appreciated - thanks.

OP posts:
OldLadyKnowsNothing · 13/02/2010 12:27

Small Claims Court is probably your best route - the bouncing cheques prove that he intended to pay (ie acknowledges the debt) so it should be straighforward. Actually getting the cash can be another thing all together, though - is the sum involved worth the hassle?

Love2Dance · 13/02/2010 12:39

You might want to mention the police as leverage. Depending on the circumstances, if the person knew they had no funds when they gave you the cheque they may have obtained (services? goods?) by deception. This is a criminal offence, but police are unlikely to be that interested unless it's a large sum.

I agree with OLKN. Small Claims Court might be best. You will have to pay a fee to issue proceedings though, so if the sum involved is small (less than £100, say) it might not be worth the hassle. SCC is not a huge hassle, but even if you win and get judgment in your favour, you will still have to enforce the judgment to get the money if they don't pay up.

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