They claim they have proof they mailed their payment, so to issue another check to us, they have to subtract the stop payment charge the bank will charge them.
Is this a legal issue or just a crappy way of doing business with your vendors? Please only answer if you know for sure -- the franchisee is in Texas, the restaurant and their vendor are in Kansas.
2006-10-24 07:15:21 · 3 answers · asked by jboatright57 5 in Business & Finance ➔ Other - Business & Finance
How can they have proof of mailing their payment? Was the envelope returned to them with the original postmark? Unless they sent it fed-ex, or another "Traceable" method, there is no way of prooving it! They may have proof of cutting a check, but it doesn't sound like they *really* have proof of mailing the payment...They might as well just say "The check is in the mail!".
If they replace the payment and deduct the Stop-pay fee, I would post a miscellaneous Debit Memo on their account with a description of "Unauthorized Deduction".
2006-10-24 07:24:29 · answer #1 · answered by Yo LO! 6 · 0⤊ 0⤋
Depends. Is there a contract? Is anything mentioned about it in the contract? If not, then no. they cannot charge you for a check that you never recieved. If they owe you a certain about of money, they must pay you that money. It is NOT your responsability to make sure THEIR payment gets to you. It's their responsability. Again, as long as there is nothing in the contract about it(which I doubt there is) they are responsable for the full amount owed. contact an attorney.
2006-10-24 07:28:02 · answer #2 · answered by susan w 3 · 0⤊ 0⤋
your company should get proof of the delivered mail and if its valid, as a courtesy you can tell them to deduct the bank fee, but i don't believe its a matter of legal or not legal. just tell them if they can't provide accurate proof of the check being sent, their will be a balance owed for $$$ and you can always make up the difference on a new invoice. :)
2006-10-24 07:26:48 · answer #3 · answered by Gemini 2 · 0⤊ 0⤋