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Re: getting paid once a cheque has bounced??
Hi to all
Cheques are covered under the Bills Of Exchange Act of 1882.
There are very few defences to a dishonoured cheque, these being Fraud (you fraudulently mislead the customer), Issued under Duress (you held a gun to the customers head and forced them to sign the cheque and buy the goods), Failure of Consideration (you never handed the customer any goods and or services irrespective of how minor it might be) & Illegal Contract (part of the deal involved buying drugs or money laundering).
So from what is said, no fraud by you took place, the customer was not under any duress to pay at the time the contact exchanged, they have the goods and or services so no failure of consideration took place and it wasn’t an illegal contract, therefore the customer has no defence.
Therefore under the Bills of Exchange Act of 1882, section 48, you should send the customer written notice of the dishonoured cheque, giving them seven days to settle in full cleared form and informing them that failure to do so will result in the matter going through the County Court and such interest and costs as may be incurred in such a process will be added to the account.
Send the letter recorded delivery.
Seven days later, issue a county court summons through your local courts of money claim on line.
The customer CANNOT defend it in the Court and you are guaranteed to win the case. Getting the money is a different matter if they cannot pay, but that’s down to Bailiffs to determine should it go that far.
The evidence needed to be produced in court will be the original dishonoured cheque, the letter sent to the customer and proof that the letter was sent, hence the reason for sending it recorded delivery.
Now, that is a civil matter, for it to become a criminal matter, which it might well be, you would need to prove the customer knowingly issued the cheque without the available funds to cover it. If you can do this, then the offence is theft. Technically it is obtaining goods by deception which is covered by the Theft Act.
Some police forces will investigate this on sight of the dishonoured cheque, others wont, it sadly depends on where you live.
Just for the record, if a cheque is dishonoured and its value is £750.00 or more, then you are able to have the issuer either made bankrupt if an individual or wound up if a company.
Sometimes if you are experiencing financial difficulty it is better not to issue a cheque and delay payment than to issue it and hope for the best.
I trust the above helps.
Regards
Jackal
Re: Zanussi 1250 Turbodry
sounds like a blocked/dirty pressure chamber or faulty pressure switch.
The pressure switch is usually a smallish round device with wiring and a small thing hose attached to it. At the other end the hose will fit into small chamber connected to the tub.
If the hose or chamber are blocked up with old soap and goow, it doesn’t blow enough air up the hose to activate the switch to tell the machine to stop filling with water. Check this chamber and hose is clean first.
If not this, its likely to be the pressure switch. This can be obtained from this site email spares@ukwhitegoods.co.uk to obtain availability and price first.
Before working on any appliance remember safety first. ALWAYS disconnect the appliance from the mains supply BEFORE working on it.
If you have any doubts on resolving this, seek specialist advice, the repairs@ facility located on the left hand side of this forum in the navigation box would be a good port of call.
Good Luck
Jackal
Re: Zanussi 1250 Turbodry
Ike hi
Is the machine filling with water even though no program has been selected or does it only overfill whilst it is set to do a wash?
Regards
Jackal
Re: Hoover HDV6 Tumble Dryer power switch broke
Hi
It certainly sounds like the on off switch itself part number 28225103,
I am sure this would obtainable from this site, contact spares@ukwhitegoods.co.uk whom should be able to source it for you. If not PM me and I will see what I can do.
Remember, ALWAYS work on the appliance with it disconnected from the mains supply. Safety is the main thing.
Good Luck!
Jackal
Re: Do these things really exist..?
Hi Dave
I have a genuine TEKA element in stock at present, £25.42 inc VAT and delivery as I type.
PM me with your contact details if you still need assistance.
Regards
Jackal
Re: In search of the fourth cord
Jim, I think you have hit the nail right on the head.
I withdraw from the first set of postings so as to not inflame the situation in the hope he and it would burn out.
He is new and it is quite obvious he has personal issues of a very serious nature, whether they be health or otherwise I dont know but in a way I do feel sorry for him.
His posts overnight seem somewhat calmer if not exactly on subject or upto date. I would suggest the stepping on egg shells approach to him and hopefully he will come round to showing the respect this site and the posters to it deserve. I think engaging him on anything contentious especially later in the day will be fraught with problems.
Just my tuppence worth.
Carl
Re: In search of the fourth cord
Guys good morning
How do you lock him out or change his password?
Is there some sort of additional admin right I do not have?
Just asking a question thats all.
Jackal
Re: In search of the fourth cord
Jim et al
You know sometimes its just funnier to let idiots have their say and demonstrate their ability to comprehend reality. The age old saying:-
“its better to keep quite and be thought a fool and to type in a forum and remove all doubt”.
is quite apt in this case.
I gave up on the subject when he announced he hasnt worked for ANYONE for the past 20 years so here he is talking about things that supposedly happened to him over 20 years ago but quite how that relates to the OP’s request for information regarding something that happened a month ago is simply beyond me!
I am grateful to you guys for thinking on my reputation. 😀 😀
Regards
Jackal
Re: Advice required please.
Perhaps then, you were just as culpable by not securing a written offer of the job, and the first question that should have been asked is for something in writing confirming the offer of a job.
Dealing with the “gezzer in the pub” type situation tends to bring this type of experience.
How many subscribers to this list would seriously turn up for a new employment with no proof the actual job existed in the first place?
Jackal
Re: Advice required please.
is there a written contract to say when she receives her pay? no, there isnt. it wount stand up in a court of law, if there is no written contract or proof that she has done the hours.
Your plain and simply wrong. Its clear you have never encountered a tribunal nor understand what they are about, nor do you understand the law.
There is a fundemental basic in employment law that a written statement detailing how much and when an employee is to be paid along with several other clauses such as annual leave entitlement MUST be provided to the employee. If the employer does not provide it, they are automatically guilty in the eyes of an employment tribunal (ET).
ET’s have a formula to work to in this regard to calculate how much the fine and payment should be, I beleive the basic rate currently works out to approx £290 per week.
Walking away from the problem and letting the employer get away with such shoddy treatment of valuable assets only breeds the contempt and encourages them to continue there illegal activities.
Jackal
Re: Advice required please.
Alex hi
Generally, an employee must have worked for 12 months to enjoy full protection, but in some very specific cases, such as sex or racial discrimination, claims may be brought within that 12 months, in fact they may well apply from even before you have commenced the actual employment itself.
Non payment of wages in this circumstance may well be valid for a claim within 12 months of commencing as it appears to be forcing the poor lass out of the job by constructing a breach of trust. Does the girl in question currently believe and trust her employer to behave reasonably and responsibly with regards to her rightful payments.
As you rightly say, she is most likely already looking to employment elsewhere and if lucky enough to find it soon, will she really pursue the outstanding money, perhaps through court. Many unscrupulous employers use this method to obtain free labour for a couple of weeks knowing the likely hood of being chased is somewhat slim.
She should call and see the Citizens Advice or if she can afford it a solicitor to get the full amount of options open to her.
I agree with you 100{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}, lets hope it doesnt put the lass off.
Regards
Jackal
Re: Advice required please.
Employment tribunal as this appears on face value to fall into either, construtive dismisall or illegal deduction of wages.
Go to Citizens Advice for free representation as there a lots of options open.
Regards
Jackal
Re: Parts only guaranteed for 90 days !!!
K you are quite correct. There is NO requirement for any type of warranty on B2B sales. If your supplier is giving 90 days then that’s simply a bonus.
We, like you price spares assuming there is no warranty given from the supplier and factor in a presumed failure rate to cover it.
WP’s forcing 90 day warranties on whole appliances but not having to warranty the spares they supply is a whole different ball game>
Jackal
Re: Parts only guaranteed for 90 days !!!
You also have to remember that business to business transactions ie you purchasing from your supplier are quite different in law to business to consumer transactions.
Dont confuse the fact that a spares retailer to you can limit his warranty to practically anything he wants. You cannot do this with your customers.
As has been said previously, reasonable is the magic word. Martin is quite right when he mentions a 6 month rule. If a part you fit fails within 6 months, it is generally your responsibility to prove it WAS fit for purpose and thats near on impossible. After 6 months it is the consumers responsibility to prove it WAS NOT fit.
There is one more important thing to remember regarding consumers and warranties. Your reputation and thats always in your own hands.
Regards
Jackal
Re: Neff Oven spares
MA hi
Both will fit your appliance.
The difference in the two is one is specifically manufacturer approved and therefore carries the price tag with it.
The other one is an quality tested alternative which has not been specifically approved by the manufacturer.
If your going to do this yourself, remember to be safe and only work on the appliance with it disconnected from the mains supply.
I hope this helps.
Regards
Jackal
