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Discussion in 'Agricultural Matters' started by shearerlad, Jan 10, 2019.
Name and shame
IF, as you say - you started this some months after the cheque bouncing, what has your notice through the SCC been doing. Have they been working on this for 11 years, or have you just lodged the complaint? Have you received any costs for the ongoing claim?
He wasn’t in Suffolk was he??
How much for ?
No not in Suffolk
Roughly £1500. It probably cost me £500 over the 3 weeks in vehicle, living and tool cost, so I’ve lost approx £2000 in total.
But, as I said earlier, it’s the principle as much as the money.
The more I go into this, the more I am convinced the OP is a law student wanting us to do the research for his project!
According to Wiki, criminal prosecutions are time limited in a magistrates court, but not in a highher court. Then several exceptions:
Unlikely considering his previous posting record
Or go down to see him and make something fall on his face really hard several times
The edge of any door is hard .
These things happen all too often
I agree with Delilah here, name and shame them, small claim courts are a waste of time,like some have said he could have passed on,moved away,or any other manner of things could have happened. But the fact remains, they or he had no intention of paying you,and in doing that probably knew he could get away with it.
If it is only principle,name and shame ,and you will probably be doing another person a favour by warning them off.
If things like that were allowed to happen more often without the person helping them fall into the sides of doors then getting into trouble for it then good people like shearerlad wouldn't be out of pocket as often thanks to arseholes that I'm hoping he is about to name. I bet he wouldn't have cancelled the cheque of he thought shearerlad might turn up and break something that is attached to him. And I bet shearerlad would have done it if he wasn't worried about getting into trouble about it. I know I would but of if I did it would be me in prison not that lowlife who cancelled the cheque
"If the debt’s over 6 years old, you cannot usually make a statutory demand. You can get legal advice instead."
Follow the process..... unfortunately we don`t have enough detail about the court judgement to know anything.
Then factor in a change in legislation (around 2013) and its not looking too good.
OK, I didn't see that. But a pretty good question for a law student!
But issuing a cheque in payment for work done, then stopping it for no good reason appears to be a criminal offence. I can't see that as being time limited. This doesn't appear to be a straight forward matter of debt.
Long time ago now but we lost a small claims court action against us because Istopped the cheque. At the hearing the judge found in our favour as the goods were not as ordered, but I broke the law in stopping the cheque. Ended up paying half each.
That’s an interesting point; I wouldn’t of thought the limitations act covered criminal activity. But wouldn’t it depend on exactly why the cheque was stopped, as to whether it was a criminal act: the perpetrator could say anything 11yrs on.
It’s a great shame that our legally trained members ( @Walterp ) aren’t more forthcoming in sharing their knowledge.
Agreed, we need more information and a time line really
Sadly its not a criminal offence to stop a cheque under the Bills of Exchange Act 1882 but the stopping leaves the bill holder able to take immediate recourse against the drawer.
47 Dishonour by non-payment.
(1)A bill is dishonoured by non-payment (a) when it is duly presented for payment and payment is refused or cannot be obtained, or (b) when presentment is excused and the bill is overdue and unpaid.
(2)Subject to the provisions of this Act, when a bill is dishonoured by non-payment, an immediate right of recourse against the drawer and indorsers accrues to the holder.
I took a minute or so yesterday to see where I stand legally. According to the local CAB office the order through the small claims court stands and over rules the 6 year invoice laws.
Well in that case why haven't you done anything over the last 11 years to enforce the court order you have in your possession? There's various option to attempt to enforce it ( https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment), why have you sat on your hands for so long?
I have been chasing it but I asked on here (as there is a huge amount of collective knowledge on TFF) to see if there is anything else I could do to help the situation