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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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We run a small sofa Company. On the 26th Jan we delivered a

Customer Question

We run a small sofa Company. On the 26th Jan we delivered a sofa and the customer was meant to pay us cash on delivery as they had already paid us a deposit via bank transfer about a week before to reserve the sofa.

Upon delivery instead of cash they gave a cheque to the driver claiming they were unable to withdraw the money and assured us there was enough funds in the account. The following monday/tuesday the cheque was put in the bank and we got a letter from the bank saying it had bounced.

The customers are saying they have had fraud done against the account and however are saying they will sort it out. there stories keep changing and I have asked them to send me some proof via email as they said they have also reported to the police.

They have our sofa worth £1300 and we basically have nothing, we would like to pick up our sofa or get the money asap, what would be the best way forward
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
How much is still owing?
Customer: replied 3 years ago.

£1300 as this is the amount on the cheque which has bounced. we have a letter from natwest saying it has bounced

Expert:  Jo C. replied 3 years ago.

You cannot recove the suite immediately but you can sue for the amount outstanding.

Whatever their circumstances its not your problem. They have your sofa and you are entitled to be paid. If there's been a fraud on their account thats their problem not yours.

You can sue here

www.moneyclaim.gov.uk

both for breach of contract and under the Bill of Exchanges Act as they have bounced a cheque to which there is no defence.

you should send them one letter or other form of communication that you can prove has been received. That letter should say that they have 7 days to make payment in full and in default you will sue and claim from the costs.

If they do not then just issue against them.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 3 years ago.

- Sorry forgot to mention the person living at the address is saying the cheque belongs to her cousin who was there on the day of delivery, we were only told about this afterwards, She is claiming the person who wrote the cheque does not live there but I am not sure if this is true. Should I address the claim to whoever wrote out the cheque and transferred the deposit in my account?


 


- Also On my mobile could I record the calls between my customer


 


- if when I do the claim online and the customer says "well I dont owe them any money" then what? would the bounced cheque letter be sufficient?


 

Expert:  Jo C. replied 3 years ago.
Who ordered the sofa?
Customer: replied 3 years ago.

The person that ordered the sofa Her name is "greta" and thats all I know and we delivered to her address. on the day of delivery the person who wrote out the cheque was the one who gave us the cheque, I am not sure if this is her husband

Expert:  Jo C. replied 3 years ago.
You could sue the person who wrote the cheque under the Bill of Exchanges Act as there is no defence to a bounced cheque.

However, it would be better to sue the person who ordered.

You could make a report to the police as this is bordering on fraud. They may say its a civil matter and to see solicitors or they may not.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience: Over 5 years in practice
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Customer: replied 3 years ago.

Ok


 


This order was placed via the phone.


 


- If i sued the person who wrote the cheque and I dont have his address would I use the address of the delivery?


 


- If i sued the person who ordered and says the cheque is not mine? could there be a problem


 


- Can i record the conversation between my customer regarding this matter

Expert:  Jo C. replied 3 years ago.
1 Yes, and yes that could be a problem.

2 That isn't an issue. You can sue the person who ordered for simple breach.

3 Yes, but it doesn't prove identity.

If you have having problems like that then it would be worth reporting this to the police as they are not really refusing to pay for any good reason. They are just giving you the run around.

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.

Sorry one last thing


 


Could you do a writeup for the money claim online so i can copy and paste that in?


 


Will give you the best rating possible, Have answered everything i needed.

Expert:  Jo C. replied 3 years ago.
I'm not allowed to draft for you under the rules of this site but if you write it out then I can check it for you and make suggestions.
Customer: replied 3 years ago.

I have received a message from the person saying they are moving to a new address and will not allow pickup?


 


What happens if they move?


In my money claim online could i add the fees on top of the £1300?

Expert:  Jo C. replied 3 years ago.
If they move then you will have to consider using a tracing agent.

An alternative though is to report it to the police which would likely lead to the discovery of their address and correct identity.

Yes, you can claim the fees.
Customer: replied 3 years ago.

Below is what I am planning to write on the money claim online-



Particulars of Claim


 


On the 21st Of January an Order was placed with us (Olympian sofas) for a corner sofa by Greta Bradfield and a £275 deposit was made via bank transfer under the name of Adrian M whittaker to reserve the sofa. We were advised remaining payment would be made by Cash on the day of delivery. On the 26th of January the driver made the delivery to number 5 Longmans Lea at BA4 6RT. the driver travelled roughly 230 miles to make the delivery. Having unloaded the sofa we were told by the customer we were unable to take the money out of the bank and hence we have written a cheque and at that point the driver had not much of a choice but to take the cheque in goodwill after being assured by the customer there were funds to clear it.


 


On the 29th of January I myself had put the cheque in the account and by the 2nd of February we had received a letter from Natwest saying that the cheque had bounced due to insufficient funds and that it would be represented. It also advised to get in touch with the drawer of the cheque to ensure there is enough money in the account. We had got in touch with the customer letting them know the cheque had bounced and they said we will go to the bank on Monday the 4th of January and see what is happening.


 


On 4th January 2013 3PM we were told that fraud was done with their account and that there was no money left in the account, they also advised they had contacted the police and the bank manager. We asked for some proof or some reference to with which we could get in touch with the police to verify and they said they will send some documents over to me to prove that this was reported and that they were not making it up. At 5.30 a call was made to them asking for the evidence as they said it would be with us by 4:30PM. When I called to ask verbally for the police reference or something we could verify their story with I was hung up upon.


 


They then said that the money will be with me by tonight (assuming bank transfer). We then said we had waited enough you have had the sofa for over a week and we have no money and we would like to pick the sofa for it to be brought back to us. At 8:09PM the same day (4th January 2012) we recieved a text message saying "Do what you like I will not be here as we are moving to a new address). I then advised we will be suing under the Bill of Echange Act as their Cheque had bounced and they kept the goods and had no intention of returning and also for breach of contract, we also advised we will be reporting to the police for fraud. On the 5TH of January a letter was sent to them (Special delivery) advising them that their cheque had bounced and full payment is required within 7 days.


 


This Is what I will be writing in the letter to them giving them 7 days please check if ok--



Dear Greta Bradfield,


 


As we have discussed on the 2nd of January your cheque given to the driver for the sofa has bounced. We require payment in full withing seven working days and if not done will sue you and claim from the costs for breach of contract and knowingly providing a cheque that will bounce which is illegal and classed as fraud.


Expert:  Jo C. replied 3 years ago.
You will probably find that exceeds the word limit. You don't really need the last two paragraphs of the claim.

The letter before action is too strong. Don't make allegations of fraud. Just write to them saying they need to pay within 7 days or you will sue.
Customer: replied 3 years ago.

Ok so I will send the letter at the same time should I start the money claim online and when i register should i register as an individual or an organisation?

Expert:  Jo C. replied 3 years ago.
As an organisation if it was the organisation that suffered loss.
Customer: replied 3 years ago.

It is my own business and am as self employed and it is not a LTD company, so would that be an individual?

Expert:  Jo C. replied 3 years ago.
If you are the loser then you are the claimant.
Customer: replied 3 years ago.

so then i should register as an individual because I am the only one in the business? correct?


 


Sorry will accept after this as I am all done

Expert:  Jo C. replied 3 years ago.


If you are running a business as an individual then you can sue as an individual.

don't worry, you have accepted already.
Customer: replied 3 years ago.

Ok i thought I didnt accept anyway thanks for your help.


 


If i need further information i'll be in touch in the meantime i will get in touch with my local police and see what they say

Customer: replied 3 years ago.

Should I log the claim on money claim online tomorrow as well as sending the letter?

Expert:  Jo C. replied 3 years ago.
No, send the letter first and give her 7 days and then sue.

All the best.

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