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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Lady signs cheque.i cash in my account.i am charged with theft

Customer Question

Lady signs cheque.i cash in my account.i am charged with theft of cheque
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I was paid for work done by a customer who has told the police I never done any work and she never gave me at cheque.this person did not know how to complete a cheque so I filled out the amount and date and then showed her this for her to sign
Expert:  Jo C. replied 3 years ago.
I presume you can prove that she did the work?
Customer: replied 3 years ago.
I can prove I did do this work
Expert:  Jo C. replied 3 years ago.
I presume you had permission to fill out the cheque?
Customer: replied 3 years ago.
Yes
Expert:  Jo C. replied 3 years ago.
Thanks

In that case, I would fight this. Plead not guilty and elect crown court trial. Do not accept trial by Magistrates. They will convict you for certain.

Elect Crown Court trial and submit a defence case statement asking them to get a handwriting analysis upon the signature of the cheque which they won't do but the point is that you've asked and you can then make points about that.

If she is lying and says that you didn't have the work done when in fact you can show that she did then its that is very damaging to her credibility.

If the Crown can't be bothered to examine the signature properly then that will also be helpful.

If your account is accepted then you should be acquitted.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
I never denied at any time under question by the police that I cashed this cheque.in the fist instance they said it was for £6'609 when in fact I showed them my statment and no said amount was showing,I then brought to their attention the cheque of £8'700 which they had no knowledge of this
Expert:  Jo C. replied 3 years ago.
No, and you would be perfectly entitled to cash the cheque for whatever amount if it had been given to you in payment for work.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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