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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sold a quad bike to a person and he was paying by check for

Customer Question

I sold a quad bike to a person and he was paying by check for the amount of 3200. Unfortunately I released the bike to him at that time. The check subsequently bounced, he then deposited another check in my account which has also bounced. He is now refusing to pay and has since sold on the quad bike at an even greater price and still refuses to pay me. I believe now that he never had any intention of paying me and that the checks were intentionally lodged knowing that payment would not be made. What is the options available to me and what are my chances of successfully getting my money owed?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you reported it to the Police please?
JACUSTOMER-h4r6n87n- : No I have not reported it as of yet.
Alex Watts : I would report it to the police.
Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-h4r6n87n- : Yes I already knew this, but if the person is refusing to pay or his company is not doing so well what are my chances of success in retrieving the money. Has he committed any offences by intentionally lodging cheques which he knew would return unpaid?? Also as he has not paid me for the bike how can he then sell on the bike for his own gain without first paying for it
Alex Watts :

That is why I suggested contacting the Police and reporting it

Alex Watts :

Just because someone refuses to pay, does not mean you can't get a Court order and enforce it

Alex Watts :

Bailiffs can be sent in, charging order on property, deduction from wages or bank account

Alex Watts :

Does that clarify for you?

Alex Watts :

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