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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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In 2007 I was issued with a series of cheques by my brother

Customer Question

In 2007 I was issued with a series of cheques by my brother when we stopped working together. The money was outstanding from money paid my me. And as part of an agreement I signed to allow him to sell an asset. One cheque was honoured the next was referred to drawer. When I asked what was happening he stated he had cancelled that and the remainder. Do I have any recourse?
John Barwick
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Why was this dishonoured?
Customer: replied 2 years ago.
I believe they were dishonoured after he got what he wanted.
Expert:  Jo C. replied 2 years ago.
You could sue under the Bill of Exchanges Act.
This is a cheque that is just plain countermanded there is no defence.
You could also sue under the general law of contract on the basis that he has agreed to make this payment in exchange given by you and then dishonoured the cheque.
It would probably be better to send a letter before action though first. Maybe he will ignore it. Maybe not. But it may work and it is cheaper than going to court.
In principle though, you do have a claim.
Can I clarify anything ?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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