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Thread: right to refuse a cheque?

  
  1. #1
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    PeteG's Avatar
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    right to refuse a cheque?

    need a speedy answer if poss guys/gals, my Xmas Do attendance depends on it

    do i have a right to refuse a cheque as a method of payment?

    as I stated in another thread, my ex-employer owes me upwards of £400 in "final monies". Now I have attempted to make contact three times this week, but it turned out he had gone on holiday (now it all clicks in why he wanted to delay my appeal meeting). I finally got hold of him today, and eventually he said he had sent a cheque in the post this morning. Now this is no good for me, as I won't receive it until either tomorrow or saturday at the absolute earliest, and as I stated in the other thread I need the funds cleared by monday at the latest as I have bills coming out and no money to pay them

    so am I within my legal rights to refuse a cheque as a method of payment and to collect the cash in person tomorrow? Obviously the money must be there for him to write me a cheque!

    Supermarkets shops etc can refuse to accept cheques (indeed any method of payment should they wish) so can I as an individual?
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    astrase20's Avatar
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    I don't think you do, I guess he's done it just to piss you off. I maybe wrong though
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    888rich's Avatar
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    sounds to me like the old its in the post: meaning im fobbing you off. id seek a profressionals help if he is not paying, and if you should have money due out, bank fines looming, failed bill payments id also include this on him through a nice letter threatening legal action via small claims.

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    take it to a cashing service and let them deal with it when/if it bounces...

    £400 cashed 8%max = £368ish

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    cant really see how you can refuse tbh, but the chq might be ok anyway, firstly most banks (if you have anything but a basic account) will let you draw against up to £1000 of uncleared funds so that will be fine, or the chq may be for example a lloyds tsb one so if you banked with lloyds it clears instantly, or if not go to the bank that the cheque is from and open an account then will clear straight away, draw the funds and go back a week later (when cleared) and close it?

    or worst comes to worst go to a chq cashing place and just pay the 3% or whatever it is (only £12 ateotd)
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  6. #6
    Milzy
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    Can you not go see the idiot, ask for cash, and tell him, if he has sent the cheque to cancel it through his own bank? If the cheque bounces, you will be charged for it wont you?

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    Quote Originally Posted by Milzy View Post
    If the cheque bounces, you will be charged for it wont you?
    no banks arnt so cruel they charge you for something out of your control
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    he is facing legal action anyway for unfair dismissal and the manner in which it has been dealt with, not to mention the way he has slandered me former clients and collegues, the thing is I cannot afford to wait for the tribunal (which won't happen until after christmas as we still have to have another appeal meeting first) - with bills due on Monday and then again around 10th January, not to mention christmas to start shopping for and needing new wheels and/or tyres on the car, I need to get the money off him ASAP even if I were to walk into a job tomorrow...

    the earliest I would get the cheque is saturday I reckon, as its unlikely he caught the first post today. also knowing him he probably sent it second class so it could even take until monday to arrive

    if I have a right to refuse a cheque however (could I get away with telling him I no longer have a bank account?) then he'll have no choice surely?
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    i've already tried to speak to him in person, he is avoiding all contact that he can ATM, as each time he speaks to me or sends a letter he seems to reveal a little bit more info that will go against him at a tribunal. SO far he has admitted telling clients that I was to be sacked before actually holding my disciplinary meeting, he has also admitted employing a part time member of staff as my replacement, despite the letters saying that no guilt had been prejudged and that I was still under employment. oh and he admitted in writing to cancelling my standing order, despite the fact I was technically suspended on full pay at that point.

    basically the guys an arse and I can't afford the time it will take to get a court to force him to pay.
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    just phoned my union legal team for you this is what he said

    "don't accept cheque cancel your direct debits at the bank,then you'll get a few weeks grace and no charges, when your creditors get in touch with you explain the crack to them,first time missis? ifso they will be very sympathetic...just re-set your dd's by the time they go out you should be working again (fingers crossed)or appeal/tribunal hearing"

    hope you get this sorted....1 thing i can't stand is shit head empolyers ****in with your money

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