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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I I paid for the balance of goods delivered by cheque and assumed

Resolved Question:

I I paid for the balance of goods delivered by cheque and assumed that after 3 months all was OK. Then I received 3 phone calls in one day for the balance because the retailer had lost the cheque!
I agreed to pay by standing order, but registered my dissapprovel ao no apology or gesture for inconvenience, but receiving no reply cancelled the standing order.
In law do I have to pay?
Thankyou Roger Sutton
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You want to refuse to pay on the basis its by standing order, is that right?

Alex Watts :

If so I am sorry to say in law yes you have to pay

Alex Watts :

By law you had goods, so you have to pay for them

Customer:

hello

Alex Watts :

I agree the retailer is incompetent because they lost the cheque but sadly that does not mean you get them for free

Alex Watts :

In reality he retailer could either demand the goods back or full payment within 7 days.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks for your answer. Is a cheque different to cash, ie if they had lost cash I don't think that's my problem?

Alex Watts :

No

Alex Watts :

Sorry!

Alex Watts :

Can I clarify anything else for you?

Customer:

No? sorry but no what?

Alex Watts :

Is a cheque different to cash.

Alex Watts :

If they lost cash, you are right that wouldnt be your problem. But cash is cleared funds, a cheque is not

Customer:

OK thanks for your help.

Alex Watts :

Can I help with anything else today?

Customer:

No, thank you very much for your help

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