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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I make out a cheque to (for instance): J. Smith and son

Customer Question

If I make out a cheque to (for instance): J. Smith and son (Jobs Builders Client A/c) is the cheque payable in the first place to J. Smith & Co (i.e. their responsbility in the event of theft) or does the responsibility for the missing money fall on Jobs Builders?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I do not quite understand - the lost cheque has been cashed? Was it ever received please?
Customer: replied 3 years ago.

I paid the cheque for £30,000 18 months ago to a Director of Jobs Builders, on the understanding that it went into escrow and was only used under certain conditions. I have now discovered that the money (the cheque was indeed cashed) has been used and both the accountant and the present MD of the company are refusing to co-operate in any way. The director who I dealt with originally has, in the meantime died and unfortunately I have no written proof of the arrangement. My position is plainly weak, but it would help to know who is liable for the missing money, Smith & co (being the accountants) or Job the builder, who in the long run it was intended for.

Expert:  Ash replied 3 years ago.
The Director of Jobs Builders is liable.

Can I clarify anything for you about this today please?

Alex

Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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