[AJB]

Interest is allowed at 8.5% PA charged daily from the date
of invoice. So on £120 = 2.79p per day up to the date of
the hearing.
If you go to court you can also claim £50 for loss of earnings
on the day.
There is NO DEFENSE for a bounced cheque.
Worst case scenario she counter claims, and the judge sets aside
a percentage of your £120 invoice. But she has to prove work
not up to standard, which is pretty much impossible since she
gave you a cheque.

[Neil Williams]

There's more than one way to skin a cat 

I know what you mean even though we can't say on an open forum

If payment was not honoured because the cheque bounced on the back of insufficient funds, as opposed to her stopping the cheque then that is your arguement in court.
Let her continue with the 'Not happy' story but she could have stopped the cheque if that was the case. It bounced and now her excuse is a means to back that up.
As for the extra costs, you add anything that has caused you time and expense as long as it is reasonable. £5 per letter is reasonable. Interest per day is achievable on outstanding debt although be expected to have to explain your calculations. 

[Mike Halliday]

think about what she will say in court, remember she is not an honest woman.

the cheque bounced because she purposely did not transfer funds into her bills account to honour the cheque.

 she was not happy with the workmanship, she paid after the clean in a hurry as she needed to pick up her kids from school so did not carefully inspect the suite.

When she go home she realised that the workmanship was very poor. She tried on the evening to call you. but you didn't answer your phone......bla..bla...bla

she could concoct a very believable story why you are in the wrong and she is a poor single parent who has been the victum of a rogue trader who even made sexual advances towards her while cleaning

[Steve Rothwell]

but there is still no defence for issuing a cheque with insufficient funds.....

[Andrew Briscoe]

Just a thought, someone posted that you can re present the chq 3 times,
if she is single, with teenagers, she probably gets a poop load of our money
( think its called benefits ) which i think are paid into their account on a thursday, fortnightly, might be worth trying to put chq back in again on a wednesday, and hopefully get some of her benefits, she will probably get a bit having 3 kids.

Might be a crap idea but worth a try.

Andrew

[Bryan Griffith]

As you have already given her two letters requesting payment within a specific period this will go in your favour if you go via the small claims court.
I have only had a similar situation once in 14 years. wrote giving a time scale for payment and as expected no response to either letter, to compound the issue she moved to spain. My initial reaction was to write it off because you have to have her full name and a residing address so I thought i was on a loser. but she was renting the property via an agent I work for so I went to the small claims court and filed a claim it cost £35 within 5 minutes of informing the agent that I had made a claim via the courts they rang back saying she was prepared to pay the bill in full even though they said they couldnt get hold of her.
I then informed the agent that the bill was plus the £35 costs and if she didnt pay I would be seeking loss of earnings for the time spent in the court and travel time. Guess what she paid the full amount.
It is illegal to write a cheque knowing there is insufficient funds to cover it. has she wrote to youto complain about the job, if not the court will disregard her counter claim.
My advice is if you know you have done a good job stick out for payment or she will tell others who will try the same. I would take anyone to court who tried to shaft me .
Best of luck mate. Ask yourself what she would do if it was a reverse situation.
bryan

[Paul Simpson]

Thanks guys.
Had another look at the returned cheque after what Andrew said and as it says "refer to drawer please represent" I have been told it can be paid in again so might give it another go.
Bryan - As much as I want to go to court I have a feeling she is going to be the kind of person who wouldn't give 2 s**ts about a court letter, but if it gets returned again I might have to.

[gary hall]

Hi Paul -  this woman sounds like the nightmare scenario some of us come across albeit very rarely ,  but when we do its a real pain in the arse- take a step back and look at the facts :

1 / You did the clean and there was no complaint at the time of the quality of the clean -
2 / She was handed an invoice ( which I assume you kept a copy of)
3 / The cheque bounced
4 / She owes you money

End of - take her to the small claims - you may at least get some of the money back if not all - but what this does do is put her name out there as a bad payer -  I feel after my recent encounter ( non payment of work done at a flat in Wembley - me being  being accused of theft - situation still on going etc) that we must make a stand against these parasites -  we all hear stories of cowboy builders etc ( Watchdog take heed - and I know they read these types of forums ) but what about cowboy clients - I am sure that we all have a story to tell well lets tell it - make as much noise as possible to who ever will listen - the majority of ccs I come across are hard working decent people and we should not have to put up with this rubbish. Rant over

Good luck Paul - keep us posted as to what goes on - and remember what the great Jim Morrison said
"people are strange - when your a stranger"

[Paul Simpson]

After reading Gary Hall's post and how his situation got sorted, thought I'd let you know that this one came to a pleasant end as well.
After all her bulls**t and response of "take me to court"
I paid the cheque in again, over 3 weeks ago now, and it cleared.
So she got charged for her bounced cheque and the original cheque cleared as well 

[Neil Williams]

I am sure that we all have a story to tell well lets tell it -

Well done Paul on getting it sorted without the hassle of court papers.
I've done the small claims court stuff 3 times now and got my money on each occassion. One ended up in the county court with both of us sitting across the table at each other (that was a few hundred pounds). One finalised days before the hearing (that cost her £90 when settling the £60 bill weeks earlier could have saved her), and another backed down and paid literally the day before I was about to process the claim. There have been several others too who have paid up when my second letter with 'YOU MUST READ THIS' in red or else legal action will be proceeded with, has arrived on their doorstep.
Sorry but if I pay my debts on time I expect others to do the same for me.

[CATMAN]

There is no defence in a court for stopping a cheque.

Irrespective of what it is for, it is classed as a "bill of exchange" this is also the same for a Direct Debit.

People who stop cheques, do at their peril, as it's an open and shut case, with them getting a CCJ.

I recently took some bitch to court for £300 plus £100 costs. She and her hubby were blown out of he water by the judge ,  relaying the law to them on cheques and giving then 14 days to pay.

I must say it was a sweet moment, best was they said the were prepared to negotiate a settlement, NO WAY,  I punched the air on the way out, and they were behind me. Revenge is a dish best served cold.

[Rick Ward]

Directgov run free courses as you may well all know, I'm sure they're the same all over. Anyway one course is based on bad payers/ receiving money on time etc, it sets out your legal rights and how to factor in interest (legally). Probably a sign of the times- I know that I've been stiffed a couple of times, hence am booking on it. You only pay if you don't turn up (£20)
 I love the word free!!

[derek west]

wheres the course held ?

[Paul Simpson]

Got an email today to clean a corner sofa, just giving a mobile number.
Rang it and quizzed her a bit before I thought it sounds a bit like the customer invloved in this bounced cheque incident, but couldn't remember her name so asked her area and was convinced it was her so I gave a high price to put her off, "only wanted to pay £xxx amount" she said, which just happened to be the amount I did it for last time.
Checked the mobile number when I got off the phone and its only her again trying it on   
Either she thinks I've got a very short memory or more than likely she has gone through one of my other websites and not realised.

It is obviously a game for her and she has done it a few times and plans to do so again, so watch out anyone in Sussex. (Corner sofa, Hailsham)

[John Kelly]

She might have been trying to lure you back so she could eek her revenge in some horrible way.