Legal advice please

[jimi]

Apologies if you are offended. BUT .. If someone bought something from you, cancelled a cheque and then said "prove it!" Would you not be justified in questioning their moral integrity? Also that of someone advising them to do that.

Where and when I was brought up .. honesty was the norm. Does'nt seem to be quite the case now.



<hr width=100% size=1>.. whit way roon should it be again ..

 

[PhilF]

I understand that, but he did try and do it nicely and just got abuse.
I ordered a new computer cause I broke the old one.
Last night I fixed the old one, but won't cancel the order for the reasons you and Jimi mention, even though I can under mail order rules.
Most decent organisations allow the customer to change their minds and get a refund all I was trying to establish was what type of contract he might have entered into and what are his rights. We even can cancel our DD subscription for MBY - where is the difference here - was it an annual agreement or monthly, who knows- he has stayed out of this - probably best thing
Phil

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[PhilF]

Thanks, I was.
All I was trying to do was to establish if he has any rights -
and what legally he should do.

Philf

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[jimi]

<A target="_blank" HREF=http://news.bbc.co.uk/1/hi/world/americas/3497480.stm>Maybe he should have paid for it with one of these?</A>

<hr width=100% size=1>.. whit way roon should it be again ..

 

[MainlySteam]

While I sympathise with the be proactive and see if that makes him conform type approach, is there a complication in UK over cancelling cheques? In most places who have stolen their law from England eg us! a cheque is regarded as a promise to pay and to cancel it for reasons other than to avoid fraud or something like it is severely frowned upon (in really bad cases they may send you to be reminted I think).

John

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[MainlySteam]

That will teach her not to go through her husband's wallet while he is asleep.

John

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[boatless]

It got rid of her for a while though...

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[PGD]

Correct and in many cases the banks refuse unless as you say fraud etc. They won't cancel the cheque on what might be a whim.

peter

<hr width=100% size=1>Complete the Consumer Survey <A target="_blank" HREF=http://www.mssa.org.uk>http://www.mssa.org.uk</A> Marine Service Standards Assistance

 

[Nat]

I can see your point its just a matter of principle to me my word is my bond. I never backpedal on a deal good or bad, as you just said you wont cancel your new computor because you managed to repair your old one. therefore you must also be a man of your word it may sound all a bit old school but its never let me down.
In my line of business its crucial to have a good reputation as anyone I have had business dealings with will tell you. This thread could go on for ever with so many different views being aired, I dont want to get into legalitys but the simple facts are
Muchy saw it, bought it and now owns it. you cant buy a pint of lager take it back & get yor money back because you dont like your seat.
Anyway see you for a beer in Sunny Spain

<hr width=100% size=1>2655 ! You can tell me, I'm a Docter !

 

[david_e]

Re: Bouncing cheques

It was a fair while ago, but I once sold a windsurfing sail to a fireman who the stopped the cheque claiming, quite innacurately, that he could have bought it cheaper elsewhere. I took him to the small claims court and will remember to my dying days the emphatic words of the registrar "A cheque is cash and cannot be stopped" as he awarded in my favour. Not sure whether it is the same situation today but suspect it is.

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[hlb]

Re: Bouncing cheques

It's like I said. Shops offering money back if you can buy cheaper else where, just muddies the water. General rule is. Buyer Beware. IE. Dont buy nowt unless your sure you want it. It's not complicated. The whole country would be in chaos if we all bought boats, ships and whatever, then took it back saying, I've changed my mind. Think I'll try that ploy on the soon to be X. Tell her that, I know I married her in a fit of stupidity 32 years ago. But I've changed my mind and want my money back...../forums/images/icons/frown.gif

<hr width=100% size=1> <font color=blue>Specializing in marine sanitation since 1997.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[PGD]

Re: Bouncing cheques

isn't that why you live together first - try before you buy....... what grounds are you going to use, no longer fit for purpose /forums/images/icons/wink.gif

only leg pulling

peter

<hr width=100% size=1>Complete the Consumer Survey <A target="_blank" HREF=http://www.mssa.org.uk>http://www.mssa.org.uk</A> Marine Service Standards Assistance

 

[boatless]

Re: Bouncing cheques

I'll be trying misdescription shortly..

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[hlb]

Re: Bouncing cheques

Good idea. Definately. Unfit for purpose.../forums/images/icons/laugh.gif

<hr width=100% size=1> <font color=blue>Specializing in marine sanitation since 1997.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[PGD]

Re: Bouncing cheques

can't really getr away with .... not as describled./.. unless you're blind /forums/images/icons/smile.gif

<hr width=100% size=1>Complete the Consumer Survey <A target="_blank" HREF=http://www.mssa.org.uk>http://www.mssa.org.uk</A> Marine Service Standards Assistance

 

[TwoStroke]

Must contracts either have a 7-14 day cooling off period. If not there is normally a termination clause for either party, normally 30 days. Pay for one month and leave it at that. /forums/images/icons/smile.gif

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[hlb]

Crap. Thats for mail order stuff and financial things, to stop brow beating by salesmen.

<hr width=100% size=1> <font color=blue>Specializing in marine sanitation since 1997.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[duncan]

clearly this thread needs more imput from Muchy_re 'signed up' urgently. The nature of what was signed would seem to influence the applicable law - lease/purchase etc, and the wording may well set out the terms of the purchase and the rights of various parties.
However the cheque is cash and should only be stopped if you are (1) heading into litigation anyway or (2) proposing to exchange it for a one off payment to release you from the contractual liabilities you have entered into - not to be confused with good will.
I found tcm's argument (unusually) bizarre - if you buy an airline ticket for a flight in a months time it remains refundable under the terms and conditions of sale not specifically because the flight's a month away. I do agree however that the vendor has a responsibility to take actions to minimise his loses from the time Muchy_ advised in writing that he wishes to pull out of the contract however liability would be for the actual costs not any theoretical calculation.
I look forward to hearing more from Muchy_

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[Dave_Snelson]

I think you are on sticky wicket here. A contract is a contract, whether written or verbal. You have not only signed for the service, but paid for it also. That means that you are bound by it. I am not a lawyer, but I do get involved directly with contract writing in my job.

<hr width=100% size=1>Madoc Yacht Club
<A target="_blank" HREF=http://www.madocyachtclub.co.uk>http://www.madocyachtclub.co.uk</A>

 

[Sybarite]

I believe you have a case insofar as the consideration for the payment - the mooring - has not yet come into effect. You also sought to cancel quickly after the original payment so the prejudice to him is minimal.

Would be interested to hear what a solicitor would have to say about it.

John

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