Deposit repayment - cheque returned

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    Deposit repayment - cheque returned

    Hi Members

    Please can I ask your advice on what is the normal procedure in this situation.

    My ex-landlord forwarded a cheque to refund my deposit but unfortunately the bank have returned it as an unpaid cheque and it has a stamp on it refer to drawer.

    The money was originally credit to my account but has now been withdrawn.

    Thanks for your help.

    #2
    You would have to sue the landlord. Cant see any problem in winning this - the landlord has acknowledged owing you the money by sending you a cheque.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      Contact the LL to see what the problem might be, he may say that now there are cleared funds in the account so you can re-present the cheque.
      All posts in good faith, but do not rely on them

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        #4
        I sent back the cheque after consulting the bank - apparently I couldn't represent it.

        So I wrote a letter and hand delivered it - I don't have any telephone numbers for my ex-landlord as the numbers were changed - with the the cheque asking for a new one and a suitable time for it to be represented. How long should I wait for a reply?

        I have made my new address and mobile available but heard nothing.

        I have reason to believe he is in the process of declaring as a brancrupt - but owns own house, and two other flats besides. However, he changed his name part way through the tenancy to a name totally different from the original - both christian and surname.

        Can he do this?

        Will I ever be able to claim my money back through the courts?

        Comment


          #5
          Big mistake handing back the cheque as you have returned your evidence to the landlord that you might want to have used in court.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            But you still will have a transaction on the bank statment proving a chq was returned

            Comment


              #7
              Yes but it won't say who from. A letter from the bank will confirm it, but will probably not be free!
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                I took a photocopy of cheque back and front before returning it.

                Will this do?

                How long should one I wait before sending a letter saying that unless I receive a cheque in 14 days, I will start court proceedings?

                It has been just over a week since I sent the letter returning the cheque requesting a new one and a suitable time for it to be presented.

                Thanks for the advice to date.

                Comment


                  #9
                  Thank you to all members who supported me during this time.

                  Just to report I successfully got my deposit back - the new cheque has now cleared.

                  But it was only armed with the information I had from this site that made me confident that I could approach the landlord and present him with the facts when I asked for the new cheque to be sent to me.

                  Thank you all.

                  Comment


                    #10
                    A Happy Ending !! Yay!
                    All posts in good faith, but do not rely on them

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