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  • 03-09-2010 1:09am
    #1
    completenewbie
    Closed Accounts Posts: 3 ✭


    Hi im just wondering if someone recently paid another person with a cheque and they went and tendered it in a shop and the cheque bounced,is it upto the person who changed the cheque to pay money back to the shop or the person who wrote out the cheque in the first place


Comments

  • #2
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    completenewbie wrote: »
    Hi im just wondering if someone recently paid another person with a cheque and they went and tendered it in a shop and the cheque bounced,is it upto the person who changed the cheque to pay money back to the shop or the person who wrote out the cheque in the first place

    What do you mean changed the cheque. If a cheque bounces then a cheque bounces. Im not too sure if you have much recourse depending on who the cheque is from.


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    I think the OP means that the person paying with the cheque paid with a cheque made out to them, and endorsed it over to the shop.

    In this situation the shop (A) has a contract requiring payment with the person who offered the cheque for payment (B) and not with the person who made out the cheque in the first instance (C).

    Unfortunately for the OP in such a situation B owes A the money, whilst C owes B the money. By way of comment C has no defence to an action brought by B for payment but it is B's problem and not A's.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The Shop can sue either the person who paid for the goods with the cheque (under their contract with them), or the drawer of the cheque (s. 55 Bills of Exchange Act 1882).

    If there is any question of the person using the cheque in the shop knowing that it would bounce, a prosecution under s. 6 Criminal Justice (Fraud and Theft) Offences Act 2001 could be brought


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