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

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

    Hello. I've read this board for months and finally decided to sign up and ask a question thats totally baffling me.

    The long and short of the story is.
    The tenant who owes me ground rent says he has paid me his ground rents. I know he hasnt. His solicitor has sent me a copy of the cheque he sent & has produced a bank statement showing the cheque he wrote me has been cashed.

    Just to check i went through my bank statements again in case i made a mistake. Having checked my bank account i have not recieved this money.

    What i'd like to know is, where can i go from here? I've worked out how hes done the above but forget that - i want to be able to take this to the next stage - its just i don't know what to ask. He said and has "proven" hes paid me - he hasnt. Where can i go from here?

    really looking forward to some replies on this.

    #2
    Does the cheque number on the bank statement match the cheque number on the cheque?
    I also post as Moderator2 when moderating

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      #3
      Originally posted by Mars Mug View Post
      Does the cheque number on the bank statement match the cheque number on the cheque?

      Yes. I've worked out how he's done it - i just cant prove it if you get what im saying. Naturally im going to say i never got paid, hes naturally going to say he has paid. I've checked my bank statements and i've 100% not recieved the money. I just dont know how to prove it further.

      Comment


        #4
        Perhaps his solicitor will provide the bank details of the account that the money was paid into, they shouldn’t have any problems with that since they say it’s your account that it was destined for.

        I don’t think a copy of a cheque and money leaving the other persons account isn’t evidence that the money went to you?
        I also post as Moderator2 when moderating

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          #5
          Have you approached the bank about tracing the payments? Next stop the police if you are sure there is a fraud here?

          Comment


            #6
            Wouldn’t he need to get information from the senders account, and it’s always possible that the banks have made an error and so perhaps too early to suggest fraud. I doubt very much that the police would take an interest.
            I also post as Moderator2 when moderating

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              #7
              Originally posted by IanM View Post
              Have you approached the bank about tracing the payments? Next stop the police if you are sure there is a fraud here?

              Can that be done yeah?

              Comment


                #8
                Originally posted by Mars Mug View Post
                Wouldn’t he need to get information from the senders account, and it’s always possible that the banks have made an error and so perhaps too early to suggest fraud. I doubt very much that the police would take an interest.
                see how tricky this is

                Comment


                  #9
                  Originally posted by Mars Mug View Post
                  Perhaps his solicitor will provide the bank details of the account that the money was paid into, they shouldn’t have any problems with that since they say it’s your account that it was destined for.

                  I don’t think a copy of a cheque and money leaving the other persons account isn’t evidence that the money went to you?

                  i dunno. ive been thinking of how to approach this for a few weeks. i just dont know how to go about proving i've not recieved the money - and thats on the back of him producing a copy of the cheque sent/cashed with his bank statement showing that cheque number was cashed.

                  Comment


                    #10
                    Originally posted by Mars Mug View Post
                    Perhaps his solicitor will provide the bank details of the account that the money was paid into, they shouldn’t have any problems with that since they say it’s your account that it was destined for.

                    I don’t think a copy of a cheque and money leaving the other persons account isn’t evidence that the money went to you?
                    i would have said: could i ask his solicitor to get his client to go to the bank and get them to trace the money etc - but i know this will not happen - because he knows he hasn't paid me and i'm being pressed to extend his lease on the back of this - so the pressure is really on - as he knows at present im in a corner and don't know how to approach this situation.

                    Comment


                      #11
                      It's the sender who has to chase his bank to find out where the money went. the receiver has no say in this matter.

                      Sender can request a copy of the cashed cheque from his bank. That should prove the account number the cheque was piad into.

                      Comment


                        #12
                        Without any cooperation your options are limited really to taking him to court for non-payment and if he is innocent then he will not hesitate to provide the details you need to chase the banks. If he has acted fraudulently then the evidence that he is not providing which the banks hold will work against him. So assuming that he is innocent then asking his solicitor to get him to basically help you track done the missing cash should not be such a big deal.
                        I also post as Moderator2 when moderating

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                          #13
                          Originally posted by SALL View Post
                          It's the sender who has to chase his bank to find out where the money went. the receiver has no say in this matter.

                          Sender can request a copy of the cashed cheque from his bank. That should prove the account number the cheque was piad into.
                          thanks for that. i'll get onto that now.

                          Comment


                            #14
                            Originally posted by Mars Mug View Post
                            Without any cooperation your options are limited really to taking him to court for non-payment and if he is innocent then he will not hesitate to provide the details you need to chase the banks. If he has acted fraudulently then the evidence that he is not providing which the banks hold will work against him. So assuming that he is innocent then asking his solicitor to get him to basically help you track done the missing cash should not be such a big deal.
                            you're right, without any cooperation from him this is going no where - he knows that - which is why he's pushing his solicitor to get his lease extended - i have no problem extending the lease provided all monies have been paid to date. This leads to this problem where he knows he hasnt paid BUT at present it shows he has and his solicitor is happy with what hes provided.

                            Comment


                              #15
                              Originally posted by moneylord View Post
                              BUT at present it shows he has and his solicitor is happy with what hes provided.


                              A copy of a cheque isn’t evidence of payment. Cash leaving his account isn’t evidence of payment. A record of the account that the cash went into is the most compelling evidence that he paid and you cashed the cheque, and only he can provide that. If he’s acted honestly why refuse that request, if he does refuse take him to court, and ask his solicitor to explain why such a simple request has been denied.
                              I also post as Moderator2 when moderating

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