But could you imagine the embarassment of an ex-cop being taken to court,,, I bet he can
Might be going to court!
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We sent North Yorkshire Police a summons for small claims for a call out that they ignored the bills for. They paid the next day.But could you imagine the embarassment of an ex-cop being taken to court,,, I bet he can
Nicky Tesla
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sometimes your house insurance legal expenses extra will cover court costs
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Not much more that can be said......
except always keep written agreements in the future....
Even a quick confirmation e-mail to verify what you have said verbally can be a big help!!!
The cheque thing is a good bit of info to know about!!!!!!!
IMHO the fact that he initially wrote a cheque is a good indication that he was happy with the work and the price!!!!
otherwise.. he would not have written it in the first place!
Hope it all goes Ok for you m8!
SL :SaluteGuinness
except always keep written agreements in the future....
Even a quick confirmation e-mail to verify what you have said verbally can be a big help!!!
The cheque thing is a good bit of info to know about!!!!!!!
IMHO the fact that he initially wrote a cheque is a good indication that he was happy with the work and the price!!!!
otherwise.. he would not have written it in the first place!
Hope it all goes Ok for you m8!
SL :SaluteGuinness
Hi Cirrus,
Believe me, it most certainly IS illegal to stop a cheque.... The ONLY reason that the banks offer this as a paid service, is to cater for circumstances in which you need to stop a cheque that has been stolen, issued under duress, or perhaps lost.
Further, the only reason that a bank can safely offer this service [to stop a stolen or otherwise dishonourably obtained cheque] is due to the action of a very famous case in 1775 in which a certain lord mansfield established the principle that "No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act"
Consider this;
"It is advisable to sue upon a bill of exchange [including a cheque] ;
1, Because it makes the debt certain...It is a promise to pay a sum certain in money;
2, The bill provides good evidence of the promise to pay;
3, The defendant to an action on a bill may not normally set up a counter-claim. He must pay the bill in full and bring a separate action if he has any complaint, e.g. about the quality of goods supplied in exchange for which he gave the bill. The only defence to an action on a bill is fraud, illegality, [see "mansfield" above] or total failure of consideration"
What is meant by "consideration" is that there is an actual exchange, or a contract to exchange, something of value. In other words, if "A" agrees to rewire "B"'s house, "B" must agree to pay for this, for there to be a "consideration"
In English law a contract MUST have three parts, namely, 1, an offer; [i will rewire your house if you pay me] 2, An acceptance; [Ooo, yes ok!] and 3, a consideration [the actual exchange of something of value, [or a contract to do so] for example, the wiring for the money]
If ALL THREE parts are not present, then there can be no contract. This is why;
1, You cannot be made to sell things you do not want to sell [no offer]
2, You cannot be made to pay for things you did not agree to buy [no acceptance]
3, Consideration is slightly more difficult to explain, but say for example, i signed a contract to rewire your house for nothing. You could not sue me if i did not then rewire it, because there was no "consideration" or exchange of things of value..
Interestingly enough, one often hears that, for example, say you are walking past a garage and you see a rolls royce motor car on which the price has mistakenly been written as
Believe me, it most certainly IS illegal to stop a cheque.... The ONLY reason that the banks offer this as a paid service, is to cater for circumstances in which you need to stop a cheque that has been stolen, issued under duress, or perhaps lost.
Further, the only reason that a bank can safely offer this service [to stop a stolen or otherwise dishonourably obtained cheque] is due to the action of a very famous case in 1775 in which a certain lord mansfield established the principle that "No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act"
Consider this;
"It is advisable to sue upon a bill of exchange [including a cheque] ;
1, Because it makes the debt certain...It is a promise to pay a sum certain in money;
2, The bill provides good evidence of the promise to pay;
3, The defendant to an action on a bill may not normally set up a counter-claim. He must pay the bill in full and bring a separate action if he has any complaint, e.g. about the quality of goods supplied in exchange for which he gave the bill. The only defence to an action on a bill is fraud, illegality, [see "mansfield" above] or total failure of consideration"
What is meant by "consideration" is that there is an actual exchange, or a contract to exchange, something of value. In other words, if "A" agrees to rewire "B"'s house, "B" must agree to pay for this, for there to be a "consideration"
In English law a contract MUST have three parts, namely, 1, an offer; [i will rewire your house if you pay me] 2, An acceptance; [Ooo, yes ok!] and 3, a consideration [the actual exchange of something of value, [or a contract to do so] for example, the wiring for the money]
If ALL THREE parts are not present, then there can be no contract. This is why;
1, You cannot be made to sell things you do not want to sell [no offer]
2, You cannot be made to pay for things you did not agree to buy [no acceptance]
3, Consideration is slightly more difficult to explain, but say for example, i signed a contract to rewire your house for nothing. You could not sue me if i did not then rewire it, because there was no "consideration" or exchange of things of value..
Interestingly enough, one often hears that, for example, say you are walking past a garage and you see a rolls royce motor car on which the price has mistakenly been written as
ktguk
Senior Member
its not illegal but its a contract/promise too pay, its a bad situation but you cant back down you dont want a reputation as a soft touch otherwise he wont be the last that doesn
I had to take someone to court over an unpaid bill. I did it though moneyclaim online.
The judge said that the people new the works had to be done to enable a new kitchen to be fitted, the work was done correctly so because the work was done they had no choice but to pay.
Saying that, I think I would go down the route of a debt collection agency now.
The judge said that the people new the works had to be done to enable a new kitchen to be fitted, the work was done correctly so because the work was done they had no choice but to pay.
Saying that, I think I would go down the route of a debt collection agency now.
ktguk
Senior Member
+1 this is important to remember
danny7299
Well-known member
https://www.moneyclaim.gov.uk
i have had to i use this web site out 5 times with customers and have been 100% sucessful.
it only costs about
i have had to i use this web site out 5 times with customers and have been 100% sucessful.
it only costs about
Cirrus
Distinguished Member
Moneyclaimonline can be useful for SIMPLE claims only. The second the debt is disputed the whole thing ends up in the County Court (eventually). My
Hi Cirrus,
It is true what you are saying, of course it is, but the thing is, most people will pay [hopefully!!] as soon as they get the summons. Most people will have the sense to realise that they will say bye bye to getting mortgages, bank cards, any credit, all sorts, if they get themselves a CCJ..
john..
It is true what you are saying, of course it is, but the thing is, most people will pay [hopefully!!] as soon as they get the summons. Most people will have the sense to realise that they will say bye bye to getting mortgages, bank cards, any credit, all sorts, if they get themselves a CCJ..
john..
i never bank any cash. always use that cash for buying materials. saves paying charges to put the cash in the bank
I have read all of the replies, and totally agree with them all, BUT, I went to court last year, client & subby disput, did all said, all the things mentioned, spent hours going through emails,papaerwork, letters of proof, documents, reports, its not that cut and dry, firstly, the guy didnt send on all the paper work you have to supply to the opposite person, checked with the court they said, he has lost, no problem. no paper work no case.
I told the judge this, he basically told me to shut up sit down and dont tell him what he can and cant do, in HIS COURT. BAD START, the late payment charges, you have to have them in the terms and conditions when the job is quoted, as previously stated, the quote, you must have all that signed and returned, I had signed declarations from the client, witnesses etc etc.
The time I spent on printing out paper work, letters, going to CAB, pulled in a favour from a solicitor friend, worrying if you got everything in the right order, checking this, then checking that, my advise, forget it, dont waste the time and money, if you can get a debt collector like that mentioned jump at it, BUT they allso want lots of info, and you cannot collect expenses or costs from a small claims court, I would try and deal before it gets nasty, try and keep talking, once you get into letters etc thats the start of the end, one last thing did you give him a cooling off period, I read a while back, somebody refused to pay anything, because they didnt get the cooling off period.
Before I get slaughtered on this post, you may get a more lenient judge, you may, I hope, do better than me, but every case is different, small claims court is light a normal court, you need to be PREPARED before you go there, YOU have to ask questions, cross examine the other party, a solicitor quoted me
I told the judge this, he basically told me to shut up sit down and dont tell him what he can and cant do, in HIS COURT. BAD START, the late payment charges, you have to have them in the terms and conditions when the job is quoted, as previously stated, the quote, you must have all that signed and returned, I had signed declarations from the client, witnesses etc etc.
The time I spent on printing out paper work, letters, going to CAB, pulled in a favour from a solicitor friend, worrying if you got everything in the right order, checking this, then checking that, my advise, forget it, dont waste the time and money, if you can get a debt collector like that mentioned jump at it, BUT they allso want lots of info, and you cannot collect expenses or costs from a small claims court, I would try and deal before it gets nasty, try and keep talking, once you get into letters etc thats the start of the end, one last thing did you give him a cooling off period, I read a while back, somebody refused to pay anything, because they didnt get the cooling off period.
Before I get slaughtered on this post, you may get a more lenient judge, you may, I hope, do better than me, but every case is different, small claims court is light a normal court, you need to be PREPARED before you go there, YOU have to ask questions, cross examine the other party, a solicitor quoted me
IMHO,
for what it is worth,
this guy accepted that he owed the money,
why else would he have wrote the cheque out?
then he re-neged on the agreement, by stopping the cheque.
that is either fraud or theft(of services).
Im with App87 on his link with this, I didnt even know that law existed, but I have threatened folks with the fraud thing in the past, saying they pretended to pay me but then backed out so I will report them to the police,
IMO writing out a (to be ) stopped cheque is akin to using forged money, - its worthless, therefore fraud.
for what it is worth,
this guy accepted that he owed the money,
why else would he have wrote the cheque out?
then he re-neged on the agreement, by stopping the cheque.
that is either fraud or theft(of services).
Im with App87 on his link with this, I didnt even know that law existed, but I have threatened folks with the fraud thing in the past, saying they pretended to pay me but then backed out so I will report them to the police,
IMO writing out a (to be ) stopped cheque is akin to using forged money, - its worthless, therefore fraud.
could also be obtaining goods by deception?
Can I just thank everyone for their input into this thread. They have all been helpful.
I am off on holiday for 2 weeks tomorrow. The final demand will be posted via recorded delivery tomorrow. On return I will be proceeding with the claim for stopping a cheque and I will be updating this forum if and when things happen (good or bad).
Dave2
I am off on holiday for 2 weeks tomorrow. The final demand will be posted via recorded delivery tomorrow. On return I will be proceeding with the claim for stopping a cheque and I will be updating this forum if and when things happen (good or bad).
Dave2
Doc Hudson
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Have a good holiday Dave2, please do keep us updated with how things work out.
Doc H.
ahelectricaluk
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Did my comments get removed?
you sound surprised?
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