Threatened with court but LL not collected settlement cheque

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    Threatened with court but LL not collected settlement cheque

    Hi All,

    My old LL has threatened me with court if I do not pay what he thinks I owe him. He said if I sent him a cheque (for a reduced sum) he would be prepared to settle the matter, otherwise he will start legal proceedings.

    I sent him a cheque special delivery so I could track it. However, he was out when they tried to deliver it, and several days later he has not collected it from the sorting office.

    Where do I stand if he does not collect it, as the deadline he has set is approaching? I have emailed and written to him to let him know the cheque is at the sorting office, and that I will send it back to him if Royal Mail returns it to me. Surely if proceedings are now issued the Judge would take a dim view of his actions as I have tried my best to send the money and have proof of this? Is there something else I should do? I have been through hell over this for months and so do not want to now drag it though court, even though I think I have a good case.

    Sorry if this is a stupid question but I’m at my wits’ end with this odious man!

    #2
    It would be a defence to a court summons to produce the cheque sent by special delivery and the envelope in which it was sent to show that you had complied with your side of an agreement. (on the assumption that the envelope makes it way back to you as uncollected - BTW dont open it - wait till a court hearing before you do and then open it in front of the judge to make sure he/she believes that this particular cheque was indeed in the envelope.)

    The judge would probably (bear in mind my miracle future forecasting crystal ball has not arrived yet) order a judgment based on the agreement without costs or court fees added as its the landlords fault payment has failed.

    Comment


      #3
      Phew, thanks.

      So you don't think it's necessary for me to send him a second cheque if the first is returned? Just hang on to the unopened original and wait for court papers?

      Comment


        #4
        I would send him a letter setting out that you have attempted to pay but he has not collected the envelope containing your cheque from the post office.

        Ask him if you can transfer the money into his bank account is perhaps the solution to all this and avoids a court summons (I assume you have it in writing as to the agreement and date by which it must be honoured?)

        Comment


          #5
          Yes, he wrote to me – the letter was dated 31st August and he said I had two weeks to send him the money. His letter didn’t arrive for 3 days because he used a second class stamp(!) but I’m assuming my deadline is the 14th (I doubt he will allow time for postage).

          Thanks for your suggestion – I wish I had just done that originally, although he did ask for a cheque. I will contact him again to suggest making a bank transfer. I suppose I will have to just swallow the £10 fee for stopping the cheque, unless it is reasonable to tell him I will deduct it? Maybe it's not worth the risk with him...

          Comment


            #6
            You did not really need to send the cheque by special delivery in order to keep track of it. Section 3 of the Cheques Act 1957 says:

            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

            Comment


              #7
              Originally posted by simon99 View Post

              Thanks for your suggestion – I wish I had just done that originally, although he did ask for a cheque. I will contact him again to suggest making a bank transfer. I suppose I will have to just swallow the £10 fee for stopping the cheque, unless it is reasonable to tell him I will deduct it? Maybe it's not worth the risk with him...
              Royal Mail will return the cheque to you, so no need to stop it.
              I seem to recall they should return it after 7 days.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment

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