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Trouble with car sale

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  • 01-06-2012 12:41pm
    #1
    Captain Slow IRL
    Registered Users Posts: 3,651 ✭✭✭


    Sold car, buyer paid by cheque. I gave seller car but held log book until cheque cleared. Checked bank via online on wednesday and it was showing funds in my account, posted log book wednesday. Also checked at atm and withdrew money.

    Went to check bank balance at atm today, no money. Rang bank, cheque bounced. I've been onto buyer and he's looking into it.

    Where do I stand with ownership? Should I go to the gardai if he can't produce money?


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    #2
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Get onto Shannon right now and explain. See if they can hold the change of ownership. It could be quite innocent, but as you don't know, stop it stone dead.


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    #3
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    cash is your only man, just check its real...

    what do you do now? Get your car back if you can,it's still yours.


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    #4
    L-M
    Registered Users Posts: 23,694 ✭✭✭✭L-M


    Was it to someone you knew?


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    #5
    Captain Slow IRL
    Registered Users Posts: 3,651 ✭✭✭Captain Slow IRL


    Local business man, so no chance of absconding! It's also why I assumed it would be okay.

    He's been onto me in the mean time and claims it's a f*ck up on his behalf. I am awaiting what's going to be done about it as he's waiting for the bank to get onto him.


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    #6
    L-M
    Registered Users Posts: 23,694 ✭✭✭✭L-M


    Are we talking much money here?

    i can't give any help, i'm just shocked that someone would take a cheque. i wouldn't even take a cheque off my mother.

    Live and learn i suppose.


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    #7
    mickdw
    Registered Users Posts: 23,286 ✭✭✭✭mickdw


    At least you know where he is etc. Still foolish.


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    #8
    Pottler
    Closed Accounts Posts: 5,073 ✭✭✭Pottler


    Captain Slow IRL wrote: »
    Local business man, so no chance of absconding! It's also why I assumed it would be okay.

    He's been onto me in the mean time and claims it's a f*ck up on his behalf. I am awaiting what's going to be done about it as he's waiting for the bank to get onto him.
    it probably was, he f*cked up the "having money in his account before writing a cheque" bit. Lots of people are making that "mistake" these days, rendering cheques a waste of time.


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    #9
    MidlandsM
    Banned (with Prison Access) Posts: 5,737 ✭✭✭MidlandsM


    Cash is Elvis.........Cheque's are the rubberbandits.....


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    #10
    CiniO
    Registered Users Posts: 16,089 ✭✭✭✭CiniO


    Captain Slow IRL wrote: »
    Sold car, buyer paid by cheque. I gave seller car but held log book until cheque cleared. Checked bank via online on wednesday and it was showing funds in my account, posted log book wednesday. Also checked at atm and withdrew money.

    Went to check bank balance at atm today, no money. Rang bank, cheque bounced. I've been onto buyer and he's looking into it.

    Where do I stand with ownership? Should I go to the gardai if he can't produce money?


    Sounds about allright to me.
    If you withdrew money, then your bank balance should go down :D


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    #11
    wonski
    Registered Users Posts: 13,687 ✭✭✭✭wonski


    Captain Slow IRL wrote: »
    Sold car, buyer paid by cheque. I gave seller car but held log book until cheque cleared. Checked bank via online on wednesday and it was showing funds in my account, posted log book wednesday. Also checked at atm and withdrew money.

    Went to check bank balance at atm today, no money. Rang bank, cheque bounced. I've been onto buyer and he's looking into it.

    Where do I stand with ownership? Should I go to the gardai if he can't produce money?

    Since the buyer answered the phone, i would wait for him to get this sorted. Since the cheque bounced, you will need to take another payment from him, cash is preferred at this stage.
    This is the reason cheques are not being accepted any more really - it is ok for business relationships/transaction, but for private sales - too much hassle.
    Do not put a buyer off because of that, this happens - just make sure you are on top of the problem, and i would expect buyer to pay it off in less than 3-4 working days. If he delays it - Gardai/solicitor are there to explain what happens next.
    Cash always is the king (unless fake notes are provided...);)


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    #12
    Captain Slow IRL
    Registered Users Posts: 3,651 ✭✭✭Captain Slow IRL


    CiniO wrote: »
    Sounds about allright to me.
    If you withdrew money, then your bank balance should go down :D

    Afterhours is that way >>>>>>> If you've nothing of any help to post, why bother?

    Cash has been agreed and he tells me he'll have it tuesday, so hopefully it will get sorted.


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    #13
    L-M
    Registered Users Posts: 23,694 ✭✭✭✭L-M


    Captain Slow IRL wrote: »
    Afterhours is that way >>>>>>> If you've nothing of any help to post, why bother?

    Cash has been agreed and he tells me he'll have it tuesday, so hopefully it will get sorted.

    Can you not ask... Demand, even, your car back?


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    #14
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    It is a criminal offence to bounce a cheque.

    Demand payment or the car back.

    or

    Go to Gardai and have him charged.


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    #15
    blingrhino
    Registered Users Posts: 1,127 ✭✭✭blingrhino


    Hard to believe in this day and age a person would part with a big ticket item and take a cheque as payment :eek:


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    #16
    -Corkie-
    Closed Accounts Posts: 10,025 ✭✭✭✭-Corkie-


    Could be innocent op or maybe his bank fcuked up. I lodged a cheque for 25k a few weeks ago and when I looked at the lodgement slip after she had 2.5k on it. Sh1t like this happens all the time.


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    #17
    L-M
    Registered Users Posts: 23,694 ✭✭✭✭L-M


    Ot posts moved to the OT thread.


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    #18
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    the culture of deference wrote: »
    It is a criminal offence to bounce a cheque.

    No it's not. Jesus Christ, is there a Walter Mitty magnet installed in here or something?


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    #19
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    dahamsta wrote: »
    No it's not. Jesus Christ, is there a Walter Mitty magnet installed in here or something?

    Wednesday November 10 2004


    ANYONE writing cheques with insufficient funds to meet them is committing a criminal offence under new legislation, it emerged yesterday.

    A Galway businessman became the first person to be convicted under the provisions of Section four of the Criminal Justice (Theft and Fraud Offences) Act of 2001, which only came into force in August of 2002.



    http://www.independent.ie/national-news/customers-bouncing-cheques-now-face-jail-142546.html


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    #20
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    Seriously, the Indo?

    Section 5 of that Act is entitled Exceptions to Theft. Part 5 is about counterfeiting. I can't grep it for the word "cheque" because I'm on mobile, but 10 gets you 20 that - even in the knowledge that Irish legislators can't write laws for toffee - if it's even in there, the word "knowingly" or similar involved.

    Cheques bounce every day for entirely innocent reasons. If it was against the law to write one, every in-trouble business in the country would have their directors in jail. Must other businesses too, since they all bounce a cheque occasionally. I'd be in jail, because I have in error. Proving it was done on purpose would be an absolutely comical affair.

    I'd suggest switching to the Star. It has the same quality of "journalism", but I'm told it's much softer on the hole when wiping.


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