Bounced Check/Theft?

[spicy]

I have a customer who purchased and collected goods with a cheque that subsequently bounced. I have has no luck with getting them to paying and instructed a collection agency 4-5 months ago. The agency now tell me they have been unable to recover the debt. The sum involved is around £150 and I have been told she is very pleased with herself.

Systems are now in place to stop this happening again but what avenues can I pursue to either get the goods back or the debt settled. The agency don't seem to have gone down the small claims court route, is there any reason why not? Would my local CSO get involved? I see this as theft does the law?

Thanks

[JMGS4]

spicy, not sure of the exact law in GB but
do the goods still exist? If yes they are yours and you can reposess them!!!!
Now I don't know whether you're allowed entry under GB law (you are here), whatever, the person is guilty of checque fraud at least and it may be worth persuing provided you have legal insurance......

[cooperman]

First go tot he small claims court to get judgement and an order for payment.
If not paid, put the bailiffs in to distrain on the buyer's good and chattels to make good your loss.
Alternatively, go round with the 'heavies' and 'suggest' that payment might be appropriate in order to aviod further action.

[smilerbaker]

had a similar thing happen to me, sent in debt collectors but as the guy didn't own his house, only had a crap car etc they said it wasn't worth them going after him. fortunatly the vist from them put the wind up him and he ended up sorting it out.

I also phoned him regularly to hasle him and hand delivered various (polite) requests for settlement, so he knew I knew where he lived.

[BigBob]

Thought it was a criminal offence to issue a cheque knowing there were insufficient funds to meet it.

Any legal types confirm this?



BB

[Dwight VanDriver]

>>>>>>criminal offence to issue a cheque knowing there were insufficient funds to meet it.<<<<<<<

...and that is the nub Bob. Proving that at the time she issued the cheque....

10 to 1 Plod if approached (after all this time) will advise bad business transaction - County Court.

By the way Small claims court is dead simple. Problem is has the defendant means or a person of straw?

dvd

[gilbertd]

Small claims court now online

https://www.moneyclaim.gov.uk/csmco2/index

[spicy]

Thanks for all your helpful advice.

She still has the goods but whether she knew she wouldn't have funds could never be proven. I have heard that we have to be careful not to cause harassment but what does that mean? Why haven't the agency gone the small claims route? I cannot believe how easy it is for her to get away with this.

Hello DVD - a font as always!

[justinp1]

spicy said:

Thanks for all your helpful advice. She still has the goods but whether she knew she wouldn't have funds could never be proven. I have heard that we have to be careful not to cause harassment but what does that mean? Why haven't the agency gone the small claims route? I cannot believe how easy it is for her to get away with this. Hello DVD - a font as always!

DVD is right, the small claims court online procedure is very simple. The procedure is that you should take all means necessary to warn the defendant you will be pursuing the case, and then give seven days notice that you will fill out the forms and that from this stage they will also be legally liable for the court costs. You should also warn that a County Court Judgement or CCJ will stay on her credit record for 6 years.

It wont be worth the hassle to keep giving you the runaround for £150.

The other point is that somewhere in your Terms and Conditions of Sale there should be a clause that goods remain the property of yourself until paid for in full. Being sneaky, if your terms and conditions did not exist, if they were to exist from now on for example, then there is nothing to prove that they didnt exist then.... Thus the goods are still yours.

[eliminator]

Check into bankrupcy.

If you first get the result from samlls claims court, then if she does not pay within reasonable time, take proceedings to bankrupt her. Will not necessarily get you your money but will ruin her credit rating for a long time.

[shuvitupya]

gilbertd said:

Small claims court now online https://www.moneyclaim.gov.uk/csmco2/index

Can I use this to claim £10 back from a fraudulant eBay transaction ?

[gilbertd]

shuvitupya said:

gilbertd said: Small claims court now online https://www.moneyclaim.gov.uk/csmco2/index Can I use this to claim £10 back from a fraudulant eBay transaction ?

I doubt it but if you paid for something with Paypal and didn't get it, they'll refund you from the other parties Paypal account. If I remember right, you have to make the claim within 45 days though. I've used it and it works well.

[harrow_chim]

gilbertd said:

I doubt it but if you paid for something with Paypal and didn't get it, they'll refund you from the other parties Paypal account. If I remember right, you have to make the claim within 45 days though. I've used it and it works well.

Only if the other party has funds in their Paypal account.

[justinp1]

harrow_chim said:

gilbertd said: I doubt it but if you paid for something with Paypal and didn't get it, they'll refund you from the other parties Paypal account. If I remember right, you have to make the claim within 45 days though. I've used it and it works well. Only if the other party has funds in their Paypal account.

I have heard that if that is the case they take it from your credit card if you have one on file. I heard of this is that the proof that the system works is that there are scams the other way round. What happens is a dodgy buyer buys the item, and doesnt pay for insured and recorded delivery. They then claim it has not arrived and claim through Paypal. If the seller cannot give Paypal the tracking number of the item or other proof of delivery, the transaction is reversed and if necessary the amount taken from your accounts linked to the Paypal account, of which you have given prior authorisation for by accepting their term when you signed up!

[bad company]

Don't go the Small Claims Court route - Issue a 'Statutory Demand'. That is much more powerful and unless she can come up with a reasonable defence (almost impossible in the case of a bounced cheque) she will have to go bankrupt to get out of paying you.

[spidermanUK]

anonymous said:

[redacted]

Mmmmm! That's a clever ruse......some small time low-life takes honest businessman for £150. Honest businessman retaliates in a childish, moronic fashion, and gets a conviction for criminal damage, and his name in all the local papers! That should help his business prosper!! NOT!!

I love internet warriors who type before they think!!!

[$lowpoke]

bad company said:

Don't go the Small Claims Court route - Issue a 'Statutory Demand'.

What's a 'Statutory Demand'? How does one of them things work?

[jasandjules]

Do not worry about a Statutory demand.

A Small Claims court will automatically grant judgment in your favour if you sue on the cheque. It is in the CPR (Civil Procedure Rules) SO, you can let her know what you are going to do and advise her that a CCJ is coming her way if she doesn't pay pronto.

[glassman]

I had a guy knock me for 200 sov's after he wrote me a cheque from his wife's cheque book... wait for it.... from an account that was closed four years prior.
The hairy bastard pulled a fast one and even after reporting it to Colindale CID, five months later, he's still 'wanted'.

Anyone got the number for Dog the Bounty Hunter?

There are some people that know the authorities will give up sooner or later, so they deliberately play the system. This guy did, coz he's a low-life.

[zumbruk]

Just use the "moneyclaim" system (URL above) which has replaced Small Claims Court, when you get summary judgement against, sell the debt to a debt collection agency. Then a large hairy gentleman with no neck will go round to the miscreants house to collect the owed wonga. OK, you won't be there to see it, but you'll have the satisfaction of knowing what's happened.