Bounced Cheque

eoinhealy

(Not sure if this is the right place to post this thread, if not can it be moved to the right place. Thanks)


Hi,

i am a sole trader (Landscaping and Garden Maintenance). I did a couple of maintenance jobs for a guy, gave him the invoices and he wrote me a cheque and handed it to me. I was also doing a small bit of landscaping for the same guy, actually I did 3 landscaping jobs for him.

I was not quite finished the last of the three landscaping jobs when I received the cheque for the maintenance jobs, which were a completely separate contract.

For some reason he canceled the cheque after I had lodged it. And reckons he owes me nothing until I finish the landscaping job.

I told him I would be doing no more work until he re-pays me the amount of the cheque he canceled.

It would not bother me so much except for the fact I did the first maintenance job for free because I was getting the contract for the year.

First question: Has he got a right to cancel the cheque, Is it not fraud!?

Secondly: Am i in the wrong for right for stopping the landscaping work?

Any insight on this would be very much appreciated

Thanking you.

ircoha

The title of bounced cheque is not correct here: it should read cancelled cheque: perhaps the mod will amend it and move it to comsumer issues: zip to do with accounting

your position depends on the paperwork between you: i would also be taking loads of pics.
re

For some reason he canceled the cheque after I had lodged it

he is a scumbag

TheEx

This is a contract law issue. What was the agreement made? Did you agree to do X amount of jobs for X amount of money? You need to remember / find out what the definite agreement was... However to cancel a cheque like that is a major insult, and I would lose all goodwill. If you want to continue working with this guy/firm get it sorted out asap, otherwise onto the small claims/ heavies with you!

Mr. Incognito

Legal q- not accountancy,

depends on the terms of the contract, oral or implied. He handed you the cheque in exchange for work done. This is pretty much intent. Prob just had cash flow problems and is pulling the other other one. Legally I'd guess you'd be entitled to that amount for the work already done.

Chevy RV

A cheque is a "promise to pay" and you can sue him on foot of that alone.
However, you do need to weigh up your overall situation. If the guy has not found fault with your work , I would reckon he is short of cash and would thus advise you to thread very carefully with him.

I was caught in a similar situation for €16,000 a few years back and understand the situation only too well. In the end I got Dun and Bradstreet's solicitor to collect it for me. Each time they took him to court to enforce bankruptcy proceedings, low and behold he PART PAID UP. I got it all in the end.

I guess it's that "he who shout's loudest get heard" i.e. who creates the most hassle gets paid first.

PM me if you want to know more.

Regards,

Chevy RV