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Bounced Cheque from Company

  • 01-10-2013 9:18pm
    #1
    KeepTheFaith
    Registered Users Posts: 631 ✭✭✭


    Hypothetically, if you get a cheque from a Limited Company and the cheque bounces what is the best course of action if the person running the company won't respond when contacted? Can a case be taken to the small claims court?


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Yes, you can take a case to the small claims court. Just look up the company registered details on the CRO website.

    But, before you do that, why not contact the company, by registered letter.


  • #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Paulw wrote: »
    Yes, you can take a case to the small claims court. Just look up the company registered details on the CRO website.

    But, before you do that, why not contact the company, by registered letter.

    I would have thought a debt was excluded

    "Excluded from the small claims procedure are claims arising from:

    (a) a hire-purchase agreement

    (b) a breach of a leasing agreement

    (c) debts"

    http://www.courts.ie/courts.ie/library3.nsf/pagecurrentweblookuptopnav/small%20claims%20procedure

    Unless the reason for the cheque is linked to one of the reasons as follows

    "(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

    (b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

    (c) a claim for minor damage to property (but excluding personal injuries)

    (d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives provided that a claim does not exceed €2,000."


  • #4
    KeepTheFaith
    Registered Users Posts: 631 ✭✭✭KeepTheFaith


    The CRO says that the Company is dissolved since 2012 but the cheque received was from that Company, presumably the person in question has been trading in a personal capacity since this time. Would there be any legal implications of sending a registered letter to this person stating that the company that the cheque was from has been dissolved and question why a cheque was issued from this account and demand that a new payment be issued?

    Basically good were sold to this person (company) who then sold on the goods to a 3rd party.


  • #5
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Yeah, it will certainly depend on what the cheque was for. And obviously if it was business to business then small claims court won't apply.


  • #6
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    It's against the law to knowingly write a cheque that will bounce. http://www.boards.ie/vbulletin/showthread.php?t=2056286741 read post 12 here.
    If you were to write to the person informing them of this it might spur them to sort you out.


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  • #7
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    KeepTheFaith wrote: »
    The CRO says that the Company is dissolved since 2012 but the cheque received was from that Company, presumably the person in question has been trading in a personal capacity since this time. Would there be any legal implications of sending a registered letter to this person stating that the company that the cheque was from has been dissolved and question why a cheque was issued from this account and demand that a new payment be issued?

    Basically good were sold to this person (company) who then sold on the goods to a 3rd party.

    If the company dissolved before cheque written, then the company has no limited liability.


  • #8
    tayto lover
    Registered Users, Registered Users 2 Posts: 52,261 ✭✭✭✭tayto lover


    KeepTheFaith wrote: »
    Hypothetically, if you get a cheque from a Limited Company and the cheque bounces what is the best course of action if the person running the company won't respond when contacted? Can a case be taken to the small claims court?

    When I had a little business I used to stick all the dud cheques in the window for everyone to see. They weren't long calling to pay up and retrieve their cheque when word got out.


  • #9
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Does it count as fraud since the company was dissolved and the person wrote the cheque knowing it couldnt be cashed. Like you cant even get a stubbs gazette judgement against the company as it doesnt exist.

    Call the bank and see what they would recommend. But you might have to call the Gardas since it appears to be a more criminal matter rather than civil


  • #10
    KeepTheFaith
    Registered Users Posts: 631 ✭✭✭KeepTheFaith


    In this situation the individual sold the item to the person who owns a shop (and the business was registered as a company up until 2012 when it was dissolved according to CRO) who then sold it on to another customer. There was a delay in payment and after a confrontation a cheque was issues from the company account which bounced.

    Now if this company no longer exists and she is writing cheques from the company account which are going to bounce presumably that would fall within the realms of fraud? Or could the account still be legitimately be operating under the company name even though it's been dissolved and any liability will be personal?


  • #11
    camphor
    Banned (with Prison Access) Posts: 202 ✭✭camphor


    Once a company is threatened with dissolution the bank will freeze the account.
    The bank watch www.irisoifiguil.ie for company strike offs and dissolutions. A cheque from a dissolved company is bound to be a fraud if the person who wrote it knew about the dissolution. It is hard to see how they wouldn't.


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