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cityguru
cityguru, Solicitor
Category: Property Law
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Experience:  solicitor
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Dear sir/madam, I have recently returned to the UK after

Customer Question

Dear sir/madam,

I have recently returned to the UK after spending a semester abroad studying at an American university. During this time I stayed in student accommodation which I paid for on a monthly basis myself through an american student bank account.

My rental agreement expired at the end of July and as such, I paid the remaining 3 months of around $2,200 by cheque a month before leaving the country. I waited 3 weeks after the payment and they got a printed receipt confirming that my balance with the student accommodation was credited at +$2,200 just to confirm that everything was fine before leaving the country.

Now the student accommodation is informing me that the cheque never cleared and that I still owe them the money, despite confirming 3 weeks after the cheque payment that my account was credited. As it was a temporary bank account, I never set up online banking or checked my balances, with the account holding thousands of dollars at a time. I'm at a loss of what to do as I had thousands of dollars left in my account that I was very careful with until I had receipt confirmation of my rental payment and then spent up most of the remaining balance before leaving the country at the end of my visa. Where do I go from here as I feel misled and confused by the fact they confirmed via printed document that the cheque had cleared, and yet they now state that it's bounced. Do I have a leg to stand on as my student american bank account is now close to empty?
Submitted: 3 years ago.
Category: Property Law
Expert:  cityguru replied 3 years ago.
I expect you were credited because you offered a cheque but if the check bounced then you are liable on the cheque I am afraid. you should start be asking for evidence that the cheque bounced pointing out that they told you three weeks after payment that the bill was satisfied. also ask the bank for copies of statements to show where your funds went.

At the end of the day they can in theory sue you either in the US or the UK for the money but if you make enough fuss about the delay and the fact that you relied on them they may write it off.

It is not easy to sue you over here but I would not just leave the matter because it may effect your credit rating in the US and I assume you may wish to return.

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