Missing Cleared Cheque

[bigrj141]

3 weeks ago I had some work carried out on my Z4 by a small BMW indy. When it came to making the payment, Visa was not an option and the Indy requested Cash or Chq.

I opted to pay via chq (Trance the funds), However in error I used the wrong Chq book and used the book from an account that I run down and top up each month for house bills only.

Chq was presented and I didn’t have the funds available in the account at that time. 2 days later the Chq was presented again and the same thing happened. I noticed the error and contacted my bank to discuss the matter.

Bank noted it was a simple error and reversed the bounced chq changes and advised me that the chq would not be presented again and I should arrange an alternative method of payment. I contacted the Indy to profusely apologise and ask for his bank details so I can arrange an immediate bank transfer.

Indy was understanding and provided bank details. CHAPS payment done and I thought noting more of it.
Fast Forward 6 days. Checking my bank account I noticed that the Chq was presented for a 3rd time only this time it cleared as I had transferred funds into the account to pay rent.

Now it gets messy. Indy says he has only had the funds ONCE and that was the chaps payment I made to him. Indy is not overly helpful and has no interest in going out of his way to look into the matter as he has had the full payment.
I have asked my bank to provide me with a copy of the presented chq which i should get within 14 days, but I’m at of loss of what to do with it and who I look to, to get my money back?

Any ideas from you wise old owls?

Thanks
Ryan

[PurpleMoonlight]

The Indy obviously has the money.

If he seeks to retain it report him to the police for theft.

[bigrj141]

Cheers Purplemoonlight, Bank have said its a Civil matter now and the police wouild not be intressed. I can't see how this would be the case. Someone has £700 that doesn't belong to them. Is there a chance the bank have c0cked up?

When i get a copy of the cheque i beelive it will show the account number and sort code of the account it cleared in to. Do i then go to that back and ask them to confirm the funds are in the account? it's not like the indy is going to fess up now.

[marshalla]

Has the Indy presented the cheque himself each time, or has he simply given it to his bank and THEY have presented it 3 times ?
(i.e. the payee could be blameless).

[and - stable door time - you really should have put a stop on the cheque as soon as you noticed what you'd done and decided to pay by other means]

Edited by marshalla on Wednesday 20th August 15:02

[PurpleMoonlight]

It is an offence under the Theft Act to retain money that you know is not yours.

The Indy has been paid twice, he knows he should only have been paid once. If he won't return it then make a formal complaint to the police. They are obliged to act on the complaint.