Landlord returned our deposit but the cheque bounced...

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sugarsnow
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Landlord returned our deposit but the cheque bounced...

Post by sugarsnow » Tue, 18 Jun 2013 7:21 pm

So our landlord handed over a cheque for the full amount of our deposit but of course it bounced. He of course is dodging calls and seems to think if he ignores us we will go away and let him enjoy our money. not.

We're ready to take him to court but want to try the letter route first, does anyone have any advice on what to write though?

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x9200
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Post by x9200 » Tue, 18 Jun 2013 7:32 pm

Just inform him about what happened (for a record) and write that if he does not pay by this or that date you will exercise your legal options to recover the money.

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Post by sundaymorningstaple » Tue, 18 Jun 2013 7:52 pm

Remember, the fact that he wrote the cheque, he has acknowledged the fact that the payment is due you. He has written a fradulent/bad /bogus cheque. There are laws that apply so he has as much as sunk his own boat. Assuming you have the time to dick around with him and take him to court with costs after giving him a reasonable time to replace the cheque with a cashiers cheque.
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Post by ecureilx » Wed, 19 Jun 2013 9:48 am

sundaymorningstaple wrote:Remember, the fact that he wrote the cheque, he has acknowledged the fact that the payment is due you. He has written a fradulent/bad /bogus cheque. There are laws that apply so he has as much as sunk his own boat. Assuming you have the time to dick around with him and take him to court with costs after giving him a reasonable time to replace the cheque with a cashiers cheque.
and writing a bad cheque is a Civil Case .. so .. you may want to see how much the lawyers will rip off from you :)

You can send a demand letter first though, which may cost 150 $

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Post by JR8 » Wed, 19 Jun 2013 11:44 am

The advice above is insightful.

Proceed quietly and tactically.

Make no presumptions: But assume good-will.
(You'll see why when you're standing up in court behind your little desk reading all this stuff out in evidence 'So help me God')

You have to assume, and act as if it is a simple error. Give them a reasonable time to correct it (a week?).

You've got the wind in your sails that they tried to return the full sum... killer blow that one...

p.s. Drop the 'So', and 'of course' attitude. Facts, facts, bald unemotional facts. Going to court is a real leveller for most people, and being so pre-judgemental won''t win you any friends. Least of all the judge.

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Post by ScoobyDoes » Wed, 19 Jun 2013 11:55 am

ecureilx wrote:
sundaymorningstaple wrote:Remember, the fact that he wrote the cheque, he has acknowledged the fact that the payment is due you. He has written a fradulent/bad /bogus cheque. There are laws that apply so he has as much as sunk his own boat. Assuming you have the time to dick around with him and take him to court with costs after giving him a reasonable time to replace the cheque with a cashiers cheque.
and writing a bad cheque is a Civil Case .. so .. you may want to see how much the lawyers will rip off from you :)

You can send a demand letter first though, which may cost 150 $

Wouldn't the LL have to pay costs as well?
'When Lewis Hamilton wins a race he has to thank Vodafone whereas in my day I used to chase the crumpet. I know which era I'd rather race in.'

SIR Stirling Moss OBE

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Post by ecureilx » Wed, 19 Jun 2013 12:08 pm

ScoobyDoes wrote:Wouldn't the LL have to pay costs as well?
Well, you can add the demand letter cost to the amount owed .. :) and then make the LL mad enough to not pay anything at all .. and throw you around, or absorb the LL fee and go .. says me .. :)

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Post by JR8 » Wed, 19 Jun 2013 12:39 pm

Avoid going to court at all costs.

Avoid using lawyers they're all charlatans who will milk you like the passive, 'helpless' milk-cow you will be. They're gutter-filth... go there and see (and agree, lol)

Settle before court is needed.

Take pride out of the equation.

Do the business, and just move on.

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Post by x9200 » Wed, 19 Jun 2013 1:34 pm

ecureilx wrote:
sundaymorningstaple wrote:Remember, the fact that he wrote the cheque, he has acknowledged the fact that the payment is due you. He has written a fradulent/bad /bogus cheque. There are laws that apply so he has as much as sunk his own boat. Assuming you have the time to dick around with him and take him to court with costs after giving him a reasonable time to replace the cheque with a cashiers cheque.
and writing a bad cheque is a Civil Case .. so .. you may want to see how much the lawyers will rip off from you :)

You can send a demand letter first though, which may cost 150 $
What lawyers are you talking about? What this has to do with a bad cheque? This is LL vs T dispute where the LL did not return the deposit. It falls under the jurisdiction of SCT and will cost her few bucks and some time only. Later, if LL still don't pays some more to get the order and get it executed.

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Post by ecureilx » Wed, 19 Jun 2013 1:44 pm

x9200 wrote:What lawyers are you talking about? What this has to do with a bad cheque? This is LL vs T dispute where the LL did not return the deposit. It falls under the jurisdiction of SCT and will cost her few bucks and some time only. Later, if LL still don't pays some more to get the order and get it executed.
OP said they got a rubber cheque ..

Issuing a rubber check is civil case, if the LL doesn't want to honour his check

And I am not sure if you have been to SCT, from my experience, as being asked to turn up at SCT and also another when I had to go to SCT to file a case ... if I owe you 5000, in SCT, it is perfectly OK for me to say "yes, I admit the due, and I will pay you, 100$ month X 50 months" and the sitting judge will accept it .. 99% I am sure he will say "OK" or 1$ he will say "can you pay 200 $ a month .. "

No kidding.

Then again, that's from my own experience ..

When i was in the receiving end, though the amount was small, to prove my point I told the creditor for 300 $ I will pay 30$ a month, signed and sealed.

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PNGMK
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Post by PNGMK » Wed, 19 Jun 2013 2:20 pm

Actually issuing a bad cheque (if it's his 3rd or so in a specific period) becomes a criminal case here I believe - (I could be out of date - it's been a long time since I've had a cheque bounce). I'd consider reporting it to the police.

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Post by ScoobyDoes » Wed, 19 Jun 2013 2:44 pm

ecureilx wrote:
ScoobyDoes wrote:Wouldn't the LL have to pay costs as well?
Well, you can add the demand letter cost to the amount owed .. :) and then make the LL mad enough to not pay anything at all .. and throw you around, or absorb the LL fee and go .. says me .. :)

I meant if the case goes to court. Normally an award is something like dues+costs. I don't see why I should lose out taking a Muppet to court because he's too stupid not to go that far.
'When Lewis Hamilton wins a race he has to thank Vodafone whereas in my day I used to chase the crumpet. I know which era I'd rather race in.'

SIR Stirling Moss OBE

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Post by JR8 » Wed, 19 Jun 2013 2:47 pm

sundaymorningstaple wrote:Remember, the fact that he wrote the cheque, he has acknowledged the fact that the payment is due you.

Word.

Give him 7 days or sue him.

(He's going to be a debt-shifting conster IMHO)

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Post by x9200 » Wed, 19 Jun 2013 2:55 pm

ecureilx wrote:
x9200 wrote:What lawyers are you talking about? What this has to do with a bad cheque? This is LL vs T dispute where the LL did not return the deposit. It falls under the jurisdiction of SCT and will cost her few bucks and some time only. Later, if LL still don't pays some more to get the order and get it executed.
OP said they got a rubber cheque ..

Issuing a rubber check is civil case, if the LL doesn't want to honour his check

And I am not sure if you have been to SCT, from my experience, as being asked to turn up at SCT and also another when I had to go to SCT to file a case ... if I owe you 5000, in SCT, it is perfectly OK for me to say "yes, I admit the due, and I will pay you, 100$ month X 50 months" and the sitting judge will accept it .. 99% I am sure he will say "OK" or 1$ he will say "can you pay 200 $ a month .. "

No kidding.

Then again, that's from my own experience ..

When i was in the receiving end, though the amount was small, to prove my point I told the creditor for 300 $ I will pay 30$ a month, signed and sealed.
Yes, I know how the SCT works and have not seen any problems like this so far. And the lawyers are discouraged to attend SCT hearings. Yet another point, why do you think she needs a demand letter from a lawyer if she asks about its content in her post? Frankly, I simply don't get why some people try to discourage other people to do the right thing pointing out to nonexistent problems and mudding the whole situation.
LL owns her some money. Letter sent by herself followed by $20 investment to open a case in SCT if ineffective. Probably 80% chance she will get the deposit after the letter.

OSOD: IMHO it's not criminal unless this was the intent and intents are very difficult to prove. I.e. criminal would be if he issued 100 of such cheques to pay for something and it was clear they would have no coverage.

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Post by x9200 » Wed, 19 Jun 2013 3:00 pm

ScoobyDoes wrote:
ecureilx wrote:
ScoobyDoes wrote:Wouldn't the LL have to pay costs as well?
Well, you can add the demand letter cost to the amount owed .. :) and then make the LL mad enough to not pay anything at all .. and throw you around, or absorb the LL fee and go .. says me .. :)

I meant if the case goes to court. Normally an award is something like dues+costs. I don't see why I should lose out taking a Muppet to court because he's too stupid not to go that far.
In STC I am not sure. In a regular court you need a separate trial to recover legal expenses including the cost of your lawyers.

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