Rent cheque's cleared but L's not received money

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    #16
    Originally posted by Mars Mug View Post
    A copy of a cheque isn’t evidence of payment.
    Hmm. Let's see s.3 of the Cheques Act 1957, as amended in 1996 [below]. This states that an 'unindorsed' cheque- i.e. one without any endorsement (= assignment/transfer wording) on the back- is evidence of payment. It's not necessarily irrebuttable evidence, I agree, but the onus of proof is then shifted to the person who issued it (A). He has to prove (by other means) that payment was made to the supposed recipient (B); B does not have to prove the opposite.

    3. Unindorsed cheques as evidence of payment.

    (1) An unindorsed cheque which appears to have been paid by the banker on whom it is drawn is evidence of the receipt by the payee of the sum payable by the cheque.

    (2) For the purposes of subsection (1) above, a copy of a cheque to which that subsection applies is evidence of the cheque if:
    (a) the copy is made by the banker in whose possession the cheque is after presentment and,
    (b) it is certified by him to be a true copy of the original.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #17
      OK, a copy of a cheque isn’t evidence that it was paid into the receivers (as in Moneylord) bank account, it just shows that it was paid into a bank account but which one? But then if that information was provided by the solicitor surely Moneylord would be asking his own bank where the cash went?
      I also post as Moderator2 when moderating

      Comment


        #18
        Originally posted by Mars Mug View Post
        OK, a copy of a cheque isn’t evidence that it was paid into the receivers (as in Moneylord) bank account, it just shows that it was paid into a bank account but which one? But then if that information was provided by the solicitor surely Moneylord would be asking his own bank where the cash went?
        (Sigh) In the absence of endorsement, the evidence is that it was paid into payee's account.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #19
          Maybe Moneylord could clear a few things up by explaining how he believes the person might have acted fraudulently with the cheque? Then you can ‘Sigh’ at him

          Can Moneylord go to his own bank and ask where the money is, would his own bank see the cheque evidence as enough to chase up where it went?
          Last edited by Mars Mug; 02-07-2009, 14:49 PM. Reason: Because I'm thick
          I also post as Moderator2 when moderating

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            #20
            Originally posted by jeffrey View Post
            (Sigh) In the absence of endorsement, the evidence is that it was paid into payee's account.
            (2) For the purposes of subsection (1) above, a copy of a cheque to which that subsection applies is evidence of the cheque if:
            (a) the copy is made by the banker in whose possession the cheque is after presentment and,
            (b) it is certified by him to be a true copy of the original.


            But OP has not said that he has been given a copy of the cheque certified by the banker, wouldn't that be required as proof of payment?

            Comment


              #21
              Originally posted by SALL View Post
              (2) For the purposes of subsection (1) above, a copy of a cheque to which that subsection applies is evidence of the cheque if:
              (a) the copy is made by the banker in whose possession the cheque is after presentment and,
              (b) it is certified by him to be a true copy of the original.

              But OP has not said that he has been given a copy of the cheque certified by the banker, wouldn't that be required as proof of payment?
              Yes- that what I meant by 'the evidence'. Unendorsed = not routed to anyone else's account. The drawer of the cheque (= holder of account on which cheque issued) still needs to prove 'unendorsed', of course. OP is supposed recipient, isn't he?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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