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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I paid a company invoice with a personal cheque. However, the

Customer Question

I paid a company invoice with a personal cheque. However, the cheque bounced. The payee is now saying that due to the bounced cheque, I'm now personally liable to pay the liability. Is this legally correct? Is it no longer a company liability and I am personally liable?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have they threatened to issue proceedings against you?
How much has this cost them? £30?
Kind regards
AJ
Customer: replied 1 year ago.

Yes they have started court proceedings and appointed a solicitor. However, they haven't mentioned in their court claim that the invoice which was for £4,600 was issued to a limited company and not to me personally. They have just submitted a copy of the bounced cheque with the claim as their evidence.

It seems like they are willing to spend a lot of money on this. There is no contract for services between me and the claimant. I'm not sure how I should respond to the court claim.

Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
Did you believe you had enough funds to cover the cheque?
What does the claim say? Just that the check bounced?
I will prepare a response - this may take me a little while so please do not be concerned if you do not hear from me until the morning.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

Yes I believed that the cheque would clear.

Yes the claim just says that the cheque bounced. It does not give any details about the limited company and the invoice issued or the agreement/contract, etc.

Expert:  Alex J. replied 1 year ago.
Thank you very much.
I will prepare a response and revert to you as soon as possible.
Kind regards
AJ
Customer: replied 1 year ago.

OK Thanks.

Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
Ultimately they can sue you on a dishonored cheque if they have served you with a notice that it has been dishonoured.
That said you will have a defence that:
(a) The debt was the company's debt and not your personally;
(b) There was no consideration for the cheque.
In order to rebut this they would need to prove that you agree to personally pay the monies in consideration for them not suing the company - if they cannot prove this then a defence that the cheque lacks consideration should be successful.
Under what circumstances did you give them the cheque? On request or just of your own initiative?
Kind regards
AJ
Customer: replied 1 year ago.

They wanted the company invoice paid. I only had my personal cheque book on me so I wrote a personal cheque. That didn't mean that I was accepting personal liability. I was not receiving any services from them personally. The company was the customer.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I think you will have a defence that the cheque lacks consideration. You only paid personally for convenience.
Does the company have the funds to pay?
Kind regards
AJ
Customer: replied 1 year ago.

Can you please quote a relevant case I can put in my defence?

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