The company then said he had made a clerical error in writing the cheque and could I return it to him? I have already banked the cheque . Where do I stand legally? Can I refuse? He is still working for me on my behalf but I am not happy with the service he is providing.
2006-11-14 20:22:17 · 7 answers · asked by sarah b 1 in Business & Finance ➔ Other - Business & Finance
who is he?why is he still working for the company?he made this error.how many errors has he made before?he should pay for this mistake one way or an other. as for paying back the monies. i would seek legal advice and ask the above questions. why should you fork out for this company's mistakes,not only in monies,stress,etc.
2006-11-14 22:02:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You can't keep money that isn't yours, he would be within his rights to sue you for the return of the money, regardless of whether you have banked it and regardless of whose fault it was that the cheque was sent.
If you have an ongoing contractual relationship with this guy then perhaps you could investigate whether the money could be set off against money owed to you, or something like that. The fact that you were sent a cheque in error will also help support your point when you tell him you are not happy with the service!
It's really not worth being sued over so I'd keep communication channels open and try to work out the best way forward.
2006-11-15 04:41:37 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I'm afraid you will have to return the cheque, but as you have banked it... they should not honour the cheque. However if you have spent the money, you may have committed an offence of theft under the Theft Act 1968.
Your best course of action is to negotiate with the company and pay the money back, if you have cashed the cheque.
Consider this scenario: you sent me a cheque by mistake and I spent the money. Would you want the money back of me or not?
2006-11-15 05:28:29 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I think if he (or the co) intended the cheque for someone else you are not entitled to keep it & should return the money. It sounds, though, as if there is some contractual or business relationship between you & them the best way to proceed may be more complex.
Would you wish to supply more info anonymously?
2006-11-15 04:36:39 · answer #4 · answered by Colin63a 1 · 1⤊ 0⤋
This is not your money, so I suspect you have no legal standing in the issue. If you keep the money, it'll all depend on the value involved as to whether any further recovery action is taken. But I suggest you return it. You know this is the right thing to do.
2006-11-15 04:34:00 · answer #5 · answered by teala 1 · 0⤊ 0⤋
Ask them if the value of the cheque is worth, time and money to chase up and prosecute you for. I think they will understand what you mean by that. Otherwise ignore and take your time.
2006-11-15 04:25:42 · answer #6 · answered by Powerpuffgeezer 5 · 0⤊ 1⤋
Return the money but charge a handling fee.
2006-11-15 06:17:15 · answer #7 · answered by Older&Wiser 5 · 1⤊ 0⤋